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Driving While Intoxicated (DWI) Frequently Asked Questions in Odessa, Texas

If you face a charge of driving while intoxicated (DWI) in Odessa, Texas you likely have a lot of questions. This may be an incredibly stressful and even scary experience, especially if this is your first time being charged with a crime. We are here to answer your questions. Although this can be a difficult time, you do not have to face it alone.

Your rights and freedoms are at stake, but you do not have to face this difficult time alone. The Law Office of E. Jason Leach is dedicated to defending the rights of the accused. If you're facing DWI charges in the Odessa, Texas area, the Law Office of E. Jason Leach is ready to help.

Odessa, Texas DWI Defense Lawyer

E. Jason Leach focuses exclusively on criminal defense law and has been doing so for over a decade. Since 2005, he has worked tirelessly to protect the rights of those accused of driving while intoxicated. He is a Texas board-certified expert in criminal defense and believes that all clients are entitled to the most vigorous defense possible.

People accused of a crime have constitutional rights that deserve to be protected. A criminal conviction can place an incredibly heavy burden on your life, but you do not have to simply accept the charges against you. You can fight back and work to avoid the difficulties of a criminal conviction. With the right help at your side, you can move forward confident that your rights are protected.

Frequently Asked Questions

1. What is a DWI charge?

A charge of driving while intoxicated (DWI) occurs when a person is under the influence and intoxicated by either drugs or alcohol. Depending on the circumstances of your case, the crime can be either a misdemeanor or a felony.

2. If I am charged with this crime, will I automatically be found guilty?

You are not guilty just because you are charged with a crime. Just like every other crime, you are innocent until proven guilty in a court of law. You have the right to a defense lawyer and to the protections of the U.S. and Texas Constitutions.

3. What are the potential penalties for a DWI charge in Texas?

The penalties you face will depend on a number of factors, including how many times you have been charged with a DWI, whether children were in the car and your level of intoxication. For a detailed breakdown of the penalties you may face for a DWI conviction in Texas, click here.

4. What is an Administrative License Revocation (ALR) hearing?

When you are arrested for a DWI, your driver's license will be taken away from you. As a result, one of the first things you will deal with is an ALR hearing. At this hearing, you are entitled to request that your driver's license be reinstated. However, you only have 15 days after an arrest to request this type of hearing, and it must be done correctly. Failure to request the hearing in time will result in the automatic suspension of your driver's license on the 40th day following your arrest.

5. If my license is suspended or revoked, can I ever get it back?

Yes, in almost every case. Driver's license suspensions are common when a person is charged with or convicted of a DWI offense. The period of suspension varies depending on the case, but after that period has elapsed, the driver can request the reinstatement of their right to drive. This requires a specific process and is best done with the help of an experienced lawyer.

6. Can I appeal a drunk driving conviction?

If you are convicted of a DWI, you have the right to appeal and seek to overturn the conviction. Appeals have very specific requirements, including very limited time in which to file the appeal. Consult an experienced DWI attorney about how best to pursue an appeal of your conviction.

7. What is the "legal limit" in Texas?

Under Texas law, a person is presumed to be intoxicated if his or her blood alcohol concentration (BAC) is 0.08% or higher. If the driver is under 21, however, the legal limit is effectively 0. Commercial drivers are subject to a reduced limit as well and are presumed intoxicated if they have a BAC of 0.04% or higher.

A Texas prosecutor can still prove you were intoxicated even if you were not over the "legal limit." Evidence such as field sobriety tests, admissions by the driver, or the presence of alcohol or drugs in the vehicle can all be used to prove you were intoxicated at the time of your arrest.

8. Can I get a DWI for being under the influence of drugs?

Yes. Just like alcohol, drugs can have an intoxicating effect on a driver. This is true of illegal drugs, prescription drugs, and even over-the-counter medications. A person can be charged with a DWI for being under the influence of these types of drugs and medications.

9. Can I be punished for refusing a breath or chemical test in Texas?

Under the Texas "implied consent law," Texas drivers are considered to have automatically consented to breath and chemical tests just because you are driving. You can face additional criminal consequences for refusing a breath, blood, or urine test following a DWI arrest.

The penalties for refusing a chemical test include a suspended license. The license suspension period depends on how many times the driver has refused to give a chemical sample, as follows.

Chemical Test Refusal

License Suspension Period

First Refusal

180 Days

Second Refusal (Within 10 Years)

2 Years

Third or Subsequent Refusal (Within 10 Years)

2 Years

Consult an Experienced Odessa DWI Defense Lawyer

If you or someone you care about has been charged with a third DWI in Odessa, TX or the surrounding areas, you need a knowledgeable, experienced attorney to fight for your constitutional rights.

An experienced DWI defense attorney can help you build a defense that gives you the best shot at a favorable outcome. If you've been charged with a DWI in Odessa, Texas, the Law Office of E. Jason Leach, PLLC is ready to help you fight your DWI charges. To set up a free consultation contact the Law Office of E. Jason Leach today at (432) 552-7000.

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