dwi frequently asked questionsIf ever faced with a DWI (Driving While Intoxicated) charge, it can feel devastating. We understand that after an arrest for a DWI charge in San Marcos, there are bound to be many questions. We’ve put together a list of frequently asked questions to help you better understand the implications of this situation.

Selecting a question below will take you to the answer.

1. What is a DWI in Texas?
2. Does a DWI arrest mean that I’m automatically guilty?
3. What are the penalties for DWI in Texas?
4. Will I lose my license after a DWI?
5. What is an ALR Hearing
6. What else do I need to know after a DWI arrest?

What is a DWI in Texas?

In Texas, driving while intoxicated (DWI) is defined as drunk driving. The State of Texas uses your blood alcohol concentration (BAC) to determine whether you are too intoxicated to operate a motor vehicle. Driving with a .08 BAC (blood or breath alcohol concentration) is considered driving while intoxicated.

Does a DWI arrest mean that I’m automatically guilty?

No.  There are a number of factors to to take into consideration in a DWI charge.  The best course of action would be to consult with an attorney who can best help defend your case in the event of an arrest.

What are the penalties for DWI in Texas?

In Texas, you can receive a fine up to $2,000 the for the first time being arrested for drunk driving.  Your drivers license will be suspended for no less than 90 days and no more than 1 year.  For an understanding of the penalties for second and third offenses, please visit our DWI section.

Will I lose my license after a DWI?

In almost all cases, license suspension should be expected, at least for a temporary time. Often you can apply for a restricted license which may allow you to commute to and from work or school if necessary.

What is an ALR Hearing?

At the time of an arrest, your license is usually taken from you.  Because of this, one of the first things to address is whether a hearing should be requested regarding the suspension of your driver’s license.  This is referred to as an ALR (Administrative License Revocation) hearing and it is something you are entitled to after the Department of Transportation files a petition to suspend your license.

However, you only have 15 days following the arrest to request an ALR hearing. If no hearing is requested, your license will automatically be suspended for a period of time on the 40th day following your arrest date.

What else do I need to know after a DWI arrest?

Being arrested for a DWI is taken very seriously in San Marcos and Texas in general. Time, money, stress and emotional implications are among the most common things people face after such charges. We want you to know that we are here to help you. If you find yourself in this situation, please do not hesitate to contact us today.