Driving While Intoxicated (DWI) Cases
In Texas, a first-time DWI conviction is a class B misdemeanor, punishable by up to six months in jail and a $2,000.00 fine. A second DWI conviction is a class A misdemeanor, punishable by up to a year in jail and a $4,000.00 fine. A third DWI conviction is a third degree felony, punishable by up to 10 years in prison and a $10,000.00 fine. In addition to criminal punishment, a DWI defendant in Texas may be subject to a driver’s license suspension for failing or refusing an alcohol test, or for being convicted of the DWI offense.
If You Are Arrested for Driving While Intoxicated
If you are arrested for driving while intoxicated, in order to preserve your right to drive, you must immediately request an administrative license revocation (ALR) hearing. The Department of Public Safety (DPS) will suspend your driving privileges for anywhere from ninety days to two years (depending upon your record) for either a breath or blood test failure (.08% BAC) OR a breath or blood test refusal. This suspension is NOT immediate. It starts forty days from the date of your arrest. TO STOP THIS SUSPENSION, YOU MUST REQUEST A HEARING WITH DPS WITHIN FIFTEEN (15) DAYS OF YOUR ARREST, AND WIN THAT HEARING!! Therefore, to preserve your driving privileges, we must request this hearing as soon as possible. If we wait more than this 15 day time period, there is NOTHING we can do to preserve your license!
Your criminal court case and this license matter are separate. What happens in court does NOT affect your license. You could win your court case and STILL lose your license if we do not request this hearing in a timely manner!
In Texas, those accused of DWI have a right to a jury trial. To obtain a conviction, the prosecution must convince all of the jurors that the accused is guilty beyond a reasonable doubt. Martin LeNoir has tried hundreds of DWI cases and has obtained NOT GUILTY verdicts in a very high percentage of them. His record in trial is second to none. Additionally, he and his associates have been successful at ALR hearings allowing his clients to keep their drivers license.