DWI FAQs – Tyler, TX Edition
1. What qualifies as a DWI in Texas?
In Texas, you’re considered legally intoxicated if your blood alcohol concentration (BAC) is 0.08% or higher. But you can also be charged if you’re impaired due to alcohol or drugs, even if your BAC is below the legal limit.
2. What happens if I get a DWI in Tyler, TX?
You’ll likely be arrested, taken to jail, and required to post bail. Then comes a court date in Smith County, where you’ll face possible fines, license suspension, and even jail time depending on your case.
3. Is a DWI a felony in Texas?
It can be. A first or second DWI is usually a misdemeanor, but a third DWI or one involving injury, a child passenger, or death is typically a felony with harsher penalties.
4. How long does a DWI stay on your record in Texas?
A DWI can stay on your record forever unless you’re able to get it sealed or expunged—which isn’t always possible. That’s why getting a strong defense early is crucial.
5. Can I refuse a breathalyzer in Tyler, TX?
Yes, but under Texas’s implied consent law, refusing can lead to automatic license suspension and could be used against you in court.
6. How much does a DWI lawyer cost in Tyler, TX?
Fees can vary, but you can expect anywhere from $2,000 to $10,000 or more, depending on the complexity of the case and the lawyer’s experience. Local attorneys in Tyler may offer payment plans or free consultations.
7. What are the penalties for a first-time DWI in Texas?
-
Up to $2,000 fine
-
3 to 180 days in jail
-
License suspension (90 days to 1 year)
-
Possible DWI education course
-
Annual surcharge to keep your license
8. Will I lose my license immediately after a DWI arrest?
Not immediately. You have 15 days from the date of arrest to request an ALR (Administrative License Revocation) hearing to fight the suspension.
9. Can I drive after a DWI in Tyler?
Possibly. If your license is suspended, you may be eligible for an occupational license that lets you drive to work, school, and essential activities.
10. Do I need a lawyer for a DWI in Tyler, TX?
It’s strongly recommended. A DWI is a criminal charge, and having an experienced Tyler-based DWI lawyer can make a huge difference in reducing penalties—or possibly getting charges dismissed.
