DWI                                                      Frequently Asked Questions

1) What Types of Intoxication Offenses are There?

2) What Should I do If I am Arrested for an Intoxication Offense?

3) Should I Submit to a Breath Test?

4) What is the Range of Punishment on a DWI?

5) Will my Case go to Trial?

6) What is an Occupational Driver’s License?

7) Will I be Eligible for an Occupational Drivers License?

  8) How do I Receive an Occupational Drivers License?

  9) Where can I found out More Information on DWI Laws in Texas?

1) What Types of Intoxication Offenses are There?                                          There are many different types of intoxication offenses. The most common include-

      Driving while Intoxicated

      Boating while Intoxicated

      Driving under the Influence (and Under 21)

      Public Intoxication

      Minor in Possession 

      Minor Consuming Alcohol

      Providing Alcohol to a Minor

2) What Should I do If I am Arrested for an Intoxication Offense?                      The first thing that you should do is attempt to act as lucid as possible. Remember, you very well may be on camera and this may be shown to the jury. Only speak when you are asked a question. The best thing you can do is to be as quite and calm as possible.

It would also be wise to write down, in detail, what exactly happened, and how it happened. What were road conditions like? What did the officer say to you? Where were you coming from and where were you going? Were there any witnesses, and if so, who are they? All of this will be very useful to our law firm when we defend you.

3) Should I Submit to a Breath Test?                                                                    That is up to you, however, we most often recommend that you do not do so. If you refuse to submit to a breath test you may possible trigger the provisions under Texas law that automatically suspends your drivers license for refusing to submit to a breath test. However, if you do submit and are found to be intoxicated, you may be subject to even more severe penalties.

From the point of trying the DWI case in front of a jury, it is much easier to try a DWI case where there is no breath test, even though the State can introduce evidence that you refused to submit to a breath test.

4) What is the Range of Punishment on a DWI?                                            Generally, if it is your first offense, you will most likely be placed on probation. If it is your second offense, you may still be placed on probate, but it depends upon the circumstances of the arrest (was there damage caused, how long ago was it after your first offense). Those sentenced with a DWI generally are given a range of alcohol education classes to attend as well.

5) Will my Case go to Trial?                                                                                       It is very well likely that your case will go to trial. It really all depends upon the circumstances of the situation, how much evidence there is against you, what sort of criminal record you have, if any, and a variety of other factors.

7) Will I be Eligible for an Occupational Drivers License?                                          A person is only eligible for an occupational drivers license if they have no prior alcohol related license suspensions.

8) How do I Receive an Occupational Drivers License?                                         You must petition the court in order to receive an occupational drivers license. Each county generally has its own method by which it awards occupational licenses. The Manning Law Firm can petition the court on your behalf and assist you in receiving an occupational drivers license and get you back on the road.