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Frequently Asked Questions in Texas DWI Cases

  1. What is DWI?
    DWI, or driving while intoxicated, is a criminal offense. In Texas, you may not drive a motor vehicle in a public space while intoxicated. Intoxicated does not necessarily mean you are "drunk." The state defines intoxication in two ways: 1) If you drive and have lost the normal use of either your mental or physical faculties, through the use of an alcoholic beverage, drug, controlled substance, or any combination thereof, you are considered intoxicated; 2) If your blood alcohol concentration is .08 or more, you are considered intoxicated.
  2. How many hours of alcohol related classes and community service will I have to do?
    A first DWI conviction can impose 24 - 100 hours of community service work. Additionally, you will have to complete a DWI education class within 6 months of your conviction to avoid a suspension of your driver license. In addition, you will attend a one evening class called a Victim Impact Panel as well.
  3. What if I burped within twenty minutes of my breath test?The breath machine may have read alcohol from your stomach rather than your breath and incorrectly reported a "false high" alcohol concentration.
  4. What types of things can affect a breath test?The Intoxilyzer 5000 is not alcohol specific and other things may be falsely reported as alcohol. The most common things that can affect the breath test are: a) diabetes b) air bag deployment c) exposure to certain chemicals in your job d) the Atkins high protein, low carbohydrate diet e) extensive dental work (dentures, bridges, etc.) and f) Gastro esophageal reflux disorder (G.E.R.D.)