Frequently Asked Questions
About DWI Defense in Fort Bend

Yes. Texas law allows DWI charges if an officer believes you have lost the normal use of your physical or mental faculties, even if your BAC is below 0.08%. This means drugs, prescription medications, or even fatigue combined with a small amount of alcohol could lead to arrest.

After your arrest, you will be booked into jail, where your fingerprints and mugshot will be taken. You may be released on bond or held for a magistrate hearing. You’ll be given a court date and must take action within 15 days to request a hearing to save your driver’s license.

You only have 15 days from the date of your DWI arrest to request an Administrative License Revocation (ALR) hearing. If you do not, your driver’s license will be automatically suspended, even before your criminal case is heard in court.

An ALR hearing is a civil process separate from your criminal DWI case. It determines whether your driver’s license will be suspended for refusing or failing a breath or blood test. Having a lawyer at this hearing can help you challenge the suspension and preserve your driving privileges.

Yes. Texas law allows for administrative license suspension through the ALR process. This means your license can be suspended simply for failing or refusing a breath or blood test unless you contest it quickly.

Absolutely. A first DWI offense still carries serious consequences, including jail time, fines, license suspension, and a permanent criminal record. An experienced attorney can evaluate your case and explore ways to reduce or dismiss the charges.

Penalties may include up to 180 days in jail, a fine of up to $2,000, a license suspension of up to one year, and mandatory DWI education classes. You may also be ordered to install an ignition interlock device and serve probation.

Yes. A DWI may be dismissed if the traffic stop was unlawful, testing procedures were flawed, or evidence was mishandled. A skilled defense lawyer will analyze every part of the case to identify any legal errors or violations of your rights.

Jail time is possible, but many first-time offenders avoid it through probation, deferred adjudication, or other alternatives. Each case is different, so your lawyer will work to achieve the most favorable outcome based on your circumstances.

You may be able to drive with a temporary permit while awaiting your ALR hearing. If you don’t request a hearing in time, your license could be automatically suspended, which would make driving illegal unless you’re approved for an occupational license.

It’s a breathalyzer installed in your car that prevents the engine from starting if alcohol is detected on your breath. It may be required as a condition of bond, probation, or license reinstatement after a DWI.

You can legally refuse, but doing so has consequences. Refusal results in an automatic license suspension under Texas’ implied consent laws and may be used against you in court as evidence of guilt.

Yes. While refusing a test may limit direct evidence, prosecutors can still rely on officer observations, field sobriety tests, and circumstantial evidence to secure a conviction.

A DWI conviction stays on your record permanently. It can impact employment, insurance, and future legal outcomes. In limited cases, you may be eligible for record sealing (non-disclosure) or expunction.

You may be eligible for expunction only if the case was dismissed or you were found not guilty. If you completed deferred adjudication, you might qualify for an order of non-disclosure to seal your record from public view.

Yes. Most drivers see a significant increase in premiums after a DWI conviction. Some insurance companies may even cancel your policy altogether.

Enhancements are added penalties due to aggravating factors such as prior DWI convictions, a BAC over 0.15%, having a child passenger, or causing injury or death while driving intoxicated. These can elevate a misdemeanor to a felony.

In Texas, DUI (Driving Under the Influence) typically refers to minors under 21 with any alcohol in their system. DWI applies to adults and involves impairment or a BAC of 0.08% or more.

Yes. A local attorney is familiar with the Fort Bend County courts, judges, and prosecutors. This insight can be critical in negotiating outcomes and preparing for trial.

Sometimes. Depending on the evidence, your attorney may negotiate to reduce the charge to Obstruction of a Highway or Reckless Driving—both of which carry lighter penalties and less stigma.

These are physical tests like the walk-and-turn or one-leg stand used to assess impairment. They are subjective and can be challenged in court due to environmental factors, medical conditions, or improper administration.

Yes. Texas law allows DWI charges if you were operating or in actual physical control of the vehicle, even if it was parked but running. Prosecutors must still prove impairment and control.

Deferred adjudication is a type of probation that avoids a formal conviction if successfully completed. As of 2021, some first-time DWI offenders may be eligible for this option.

Total costs can exceed $10,000 when you include fines, court fees, legal representation, DWI education classes, license reinstatement fees, and increased insurance premiums.

An experienced DWI attorney can evaluate your case for legal issues, challenge evidence, represent you at hearings, negotiate plea deals, and defend you at trial—all with the goal of reducing or eliminating the charges.

You have the right to self-representation, but DWI law is complex and the consequences are serious. A skilled attorney significantly improves your chances of a favorable outcome.

Missing court can result in a warrant for your arrest. You should contact your attorney immediately to resolve the issue and request a new court date.

It depends on the conditions of your bond. Some require court permission or regular check-ins with a bond supervisor. Your attorney can help you request permission to travel if necessary.

You can call The Law Office of Ross Torres or fill out our online form to schedule a free, confidential consultation. We’ll review your case and explain your options clearly and honestly.