Frequently Asked Questions in Texas DWI Cases

1. I have three DWI offenses within five years, what will happen to my license?
   
   If your license is suspended as a result of a DWI conviction and the offense dates occurred within 5 years of each other, a new Texas law will prohibit you from even obtaining an Occupational Drivers license for work, school or household duties for a period of one year.

    

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 (two four hour classes) 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.)