Frequently Asked Questions About DUIs 

The Law Office of Aaron Fonseca Jan. 6, 2023

Alcohol, Car Keys and HandcuffsIf you were recently charged with a DWI, you likely have a lot of questions regarding what happens next. You may be wondering whether you will lose your driver’s license, face jail time, or need an attorney to fight the charge.  

At The Law Office of Aaron Fonseca, I understand just how much stress a DUI charge can cause. In order to help you better understand what to expect, I’ve answered some of the most commonly asked questions I get asked while handling DWI/DUI cases.  

For personalized advice on your drunk driving case, contact my office today to schedule a free consultation. I proudly serve clients throughout the Rio Grande Valley. Whether you were charged with a DUI in Edinburg, McAllen, or Mission, Texas, I’m ready to defend your rights and fight for the fair outcome you deserve. 

Can I Refuse the Breath and/or Blood Test When Pulled Over on Suspicion of a DWI? 

Under Texas Transportation Code § 724.013, you are legally allowed to refuse breath and/or blood tests if you were pulled over on suspicion of DWI. However, the arresting officer can chemically test your blood or breath without your consent if they have reason to believe you were operating a motor vehicle in a public place while legally intoxicated and one of the following situations applies to your case:  

  • You have two previous DWI convictions.  

  • You have one previous conviction for intoxication assault or intoxication manslaughter.  

  • You have one previous conviction for DWI with a minor child (age 14 or younger) in your vehicle.  

  • You’ve been in a DWI accident in which someone needed to go to the hospital, sustained serious bodily injury, or died.  

  • You had a child passenger (age 14 or younger) in the vehicle at the time you were pulled over.  

It’s important to note that if you refuse to submit to a breath and/or blood test, you will receive an automatic driver’s license suspension lasting anywhere from 180 days to two years.   

If I’ve Been Charged With a DWI, Will I Go to Jail? 

In the state of Texas, anyone charged with a DWI can face jail time. The length of time a person will spend in jail for a DWI will depend on their previous offenses and their blood alcohol concentration (BAC) at the time of their arrest.   

If you are a first-time DWI offender and have a BAC of less than 0.15%, your jail sentence could last from as little as 72 hours to a maximum of six months. If this is your second offense, your sentence could last between 30 days and 12 months. If this is your third offense in a 10-year period, you could spend anywhere from two to 10 years in jail. 

Is it Worth It to Fight a DWI Charge? 

Absolutely. While it may feel like the odds are stacked against you, things may not be as cut-and-dried as they seem. For example, the "evidence” the authorities claim to have may have been improperly obtained, meaning it could be dismissed. A DWI conviction can threaten your freedom, your livelihood, and your reputation. Important matters are always worth fighting for. 

Is Hiring an Attorney Necessary? 

In order to pursue the best possible outcome to your DWI charge, you’ll need the help of an attorney. A skilled DWI/DUI attorney will be able to examine the details of your arrest and look for possible mistakes made by the arresting officer. These flaws can then be used to build your defense. Once they’ve crafted a strong argument, your DWI attorney can help you fight to get your charge reduced to reckless driving or dismissed entirely. 

Don’t Face Your Charges Alone 

Fighting a DWI charge can be incredibly intimidating, but you don’t have to do it alone. Discover how a knowledgeable attorney can help you explore your options and seek a favorable result.  

At The Law Office of Aaron Fonseca, I represent clients in Edinburg, McAllen, or Mission, Texas. If you were charged with a DWI in the Rio Grande Valley, contact me today to start building your defense.