Whether or not this is your first time being pulled over for DWI in Texas, you probably have a laundry list of questions that only a local DWI attorney can answer.
Question 1
Is my Texas DWI public record?
If convicted, yes. It's actually a person's right to have access to DWI court records under Texas' Public Information Act, as such records are public government information. According to the Texas Municipal League:
"Public information includes any information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business by an individual officer or employee of a governmental body in the officer’s or employee’s official capacity and the information pertains to official business of the governmental body."
Is my Texas DWI public record?
If convicted, yes. It's actually a person's right to have access to DWI court records under Texas' Public Information Act, as such records are public government information. According to the Texas Municipal League:
"Public information includes any information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business by an individual officer or employee of a governmental body in the officer’s or employee’s official capacity and the information pertains to official business of the governmental body."
Question 2
Can I get my Texas DWI reduced to a reckless driving charge?
In some cases, yes. Texas does allow plea bargaining, and a good DWI lawyer can negotiate with the defense to lessen your charges or even dismiss the charges all together. Much of this relies on the strengths and weaknesses of the prosecution's case and certain aspects they take into account, including:
According to Texas law, a person commits a reckless driving offense "if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property." Penalties could include a fee of up to $200 and/or no more than 30 days in prison. These penalties are much less severe than those of a DWI conviction. And again, there is a possibility for all charges to be dropped depending on your situation.
Can I get my Texas DWI reduced to a reckless driving charge?
In some cases, yes. Texas does allow plea bargaining, and a good DWI lawyer can negotiate with the defense to lessen your charges or even dismiss the charges all together. Much of this relies on the strengths and weaknesses of the prosecution's case and certain aspects they take into account, including:
- whether or not this is your first offense
- your age
- your behavior towards and compliance with the arresting officer
- the arresting officer's behavior towards you
- whether or not there was an accident or injuries/death involved
According to Texas law, a person commits a reckless driving offense "if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property." Penalties could include a fee of up to $200 and/or no more than 30 days in prison. These penalties are much less severe than those of a DWI conviction. And again, there is a possibility for all charges to be dropped depending on your situation.
Question 3
Can I still be charged with DWI in Texas if I pass the field sobriety test?
First, remember that these tests are NOT mandatory in Texas or anywhere else in the country. The police officer may not tell you that. Second, the sobriety test isn't the only tool used to determine whether or not you were driving under the influence, since these tests alone are not always an accurate measurement of impairment.
If you pass the test, the officer may still have probable cause to arrest you for DWI. They already pulled you over for what they felt was a good reason. Remember, you have the right to question the officer. Why did they pull me over, and what evidence do they have that you were driving under the influence?
Most importantly, call your attorney. They will know exactly how to handle your case.
Can I still be charged with DWI in Texas if I pass the field sobriety test?
First, remember that these tests are NOT mandatory in Texas or anywhere else in the country. The police officer may not tell you that. Second, the sobriety test isn't the only tool used to determine whether or not you were driving under the influence, since these tests alone are not always an accurate measurement of impairment.
If you pass the test, the officer may still have probable cause to arrest you for DWI. They already pulled you over for what they felt was a good reason. Remember, you have the right to question the officer. Why did they pull me over, and what evidence do they have that you were driving under the influence?
Most importantly, call your attorney. They will know exactly how to handle your case.
Question 4
Can my auto insurance company drop me if I'm charged with DWI in Texas?
This can happen in any state, including Texas. It's primarily up to the insurance company. They will probably either drop you or at least raise your premiums and label you as "high-risk." If you are dropped, there are insurance companies that charge lower premiums for those with DWI convictions. Some only charge an average of 13% more.
Either way, your DWI attorney will help guide you through the entire process.
Can my auto insurance company drop me if I'm charged with DWI in Texas?
This can happen in any state, including Texas. It's primarily up to the insurance company. They will probably either drop you or at least raise your premiums and label you as "high-risk." If you are dropped, there are insurance companies that charge lower premiums for those with DWI convictions. Some only charge an average of 13% more.
Either way, your DWI attorney will help guide you through the entire process.
Question 5
Can I be charged with DWI for using prescription drugs while driving in Texas?
This of course depends on how much of the drug you've taken and how it is affecting your driving. If using this drug is causing you to drive impaired, then yes; you can be charged with DWI. Remember, according to the Texas Department of Transportation, "you are breaking the law as soon as drugs or alcohol affect your driving ability."
The prosecution has to prove that you were driving impaired as a result of using the prescription drug. It's best to leave the defense up to your attorney.
Can I be charged with DWI for using prescription drugs while driving in Texas?
This of course depends on how much of the drug you've taken and how it is affecting your driving. If using this drug is causing you to drive impaired, then yes; you can be charged with DWI. Remember, according to the Texas Department of Transportation, "you are breaking the law as soon as drugs or alcohol affect your driving ability."
The prosecution has to prove that you were driving impaired as a result of using the prescription drug. It's best to leave the defense up to your attorney.
Final Thoughts
No matter what, meet with your attorney.
Don't challenge the courts alone, no matter how confident you think you are. Call Jeff Brown today. He's an experienced Fort Worth DWI attorney and can not only answer each of these questions for you in person and in greater detail but create a case that works for your greatest benefit.
No matter what, meet with your attorney.
Don't challenge the courts alone, no matter how confident you think you are. Call Jeff Brown today. He's an experienced Fort Worth DWI attorney and can not only answer each of these questions for you in person and in greater detail but create a case that works for your greatest benefit.