First time offenders have very little to lose in taking a DWI to trial if the alternative is a plea to a lengthy DWI probation."
The State of Texas has increased the penalties and lowered the standards for arrest and prosecution for people charged with driving while intoxicated.  Many people do not know what to do if they are arrested for DWI.  Should I blow or refuse?  Can the police really take my blood without my consent?  Will my license be suspended?  

MYTH -  Your license is automatically suspended for failing or refusing a breath test.

FACT – You have a right to request a hearing on whether your license should be suspended.  Your request has to be made within 15 days of the date of your arrest.

MYTH – Fines and court costs are the only direct costs that I will have to pay if I am convicted of DWI.

FACT – The State of Texas has imposed driver responsibility surcharges which are fees payable to the Department of Public Safety in order to renew your drivers license after a DWI conviction.  The fees start at $1,000 per year for three years.  Most courts do not list these costs on your conviction paperwork.

MYTH -  If I took the test and failed, I will always be convicted.

FACT – There are actually many situations where taking the breath test can help your case.  Many prosecutors want to reward defendants who are cooperative with law enforcement.  If you have taken the breath test or blood test and failed, it does not necessarily mean that you will be convicted for DWI.

MYTH – You have to consent to field sobriety testing.

FACT – The only things that you are required to do are answer basic questions (name, address, dl number, etc.) and cooperate with the arrest procedures (not evade or resist the officer).  You are not required to consent to field sobriety testing.  If you choose to refuse field sobriety testing and do not submit to blood or breath testing, you will probably still be arrested.  Be polite.  Ask for an attorney.  Use your right to remain silent.   

Austin DWI Attorney - Austin, Texas Criminal Lawyer - Former Assistant Williamson County Attorney
1811 North Austin Avenue, Suite 204
Georgetown, TX  78626
(512) 930-0797
Office Hours:
Monday - Friday 9:00 a.m. to 5:00 p.m.
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G. Cole Spainhour
Attorney at Law
1811 North Austin Avenue, Suite 204
Georgetown, TX  78626
Phone: (512) 930-0797
[email protected]

The information on this website is not legal advice. Legal advice involves the application of legal knowledge and skills by a licensed attorney to your specific circumstances. Therefore, the information contained in this web site cannot replaced the advice of a competent attorney licensed in your state.