3 Misleading Myths About Texas DWI Cases

 Posted on March 31, 2025 in DWI

You have been arrested for DWI in Texas. Many Texans find themselves in this stressful situation and wonder if there is hope. Definitely! A DWI charge can be reduced to a lesser charge or dismissed if you hire a skilled DWI defense attorney to represent you. Your case is more likely to succeed if you are not misled by common DWI misconceptions that you can easily find online.  

If you have been arrested for DWI, speak to our Texas criminal defense lawyers. Our DWI defense attorneys have over 25 years of combined experience and over 500 trial victories in DWI cases.

Myth 1: You Lose Your Texas Driver’s License Immediately 

You were arrested for drunk driving, so your driver’s license is suspended immediately, right? Wrong. You could face an administrative suspension of your license, but it is not automatic. State law offers you a chance to challenge a driver’s license suspension.

After the arrest, the police officer typically gives you a temporary permit. The permit allows you to drive, but only for a short time. You have 15 days to request an administrative hearing with the Texas Department of Public Safety (DPS) to fight the suspension of your driver’s license.

The administrative hearing is separate from the criminal DWI case. A skilled drunk driving defense attorney should represent you at the hearing so you can potentially keep your license.

Myth 2: You Must Go To Jail For A DWI Conviction 

Jail is possible for a first-time DWI offense in Texas, but not definite. The consequences of a drunk driving conviction hinge on whether you have previous DWI convictions, your blood alcohol level when you were arrested, and whether there were aggravating factors. For instance, you could go to jail if a minor was in the vehicle when the police arrested you.

A DWI charge may lead to fines, community service, probation, and alcohol education classes instead of time behind bars. If you have no criminal history, Law Offices of Biederman & Burleson P.L.L.C. may seek a plea deal with alternative sentencing to keep you out of jail.

Myth 3: Refusing the Breath Test Will Help Your DWI Case

You have the right to refuse the breathalyzer test when arrested. However, doing so may lead to adverse outcomes. Texas has an implied consent law. This means that because you have a Texas driver’s license, you agree to submit to a breath or alcohol test if requested by the police during a traffic stop.

If you refuse the breath test, your driver’s license may be automatically suspended for six months. You can refuse, but that refusal can be used against you in court. An experienced drunk driving defense attorney can help you with these complex choices and determine the best legal path.

Speak to a DWI Attorney in Frisco, TX Now 

A DWI can be stressful to deal with. However, you have hope with a highly skilled attorney in your corner. Contact the Collin County, TX criminal defense attorneys at Law Offices of Biederman & Burleson P.L.L.C. to discuss your DWI case. Call 469-333-3333 today to schedule a free consultation. Both attorneys in our firm are certified by the National Highway Transportation Safety Administration in administering the Standardized Field Sobriety Tests.