FAQs

A: Before you drink and drive or if you have been arrested, then it is critical that you know what happens with a DWI conviction:

First Offense:

- Fines up to $2,000 (fines increase when a child under the age of 15 is in the car)

- 3 days to 180 days in jail

- Driver’s License Suspension up to 90 days to 1 year

- Annual surcharge fee of $1,000 to $2,000 for 3 years to maintain driver’s license 

First Offense BAC of .15 or greater:

- Fines up to $4,000 (fines increase when a child under the age of 15 is in the car)

- 1 year in jail

- Driver’s License Suspension up to 90 days to 1 year

- Annual surcharge fee of $1,000 to $2,000 for 3 years to maintain driver’s license 

Second Offense:

- Fines up to $4,000 (unless a child under the age of 15 is in the car)

- 1 month to 12 months in jail

- Driver’s License Suspension up to 180 days to 2 years

- Annual surcharge fee of $1,000, $1500, or $2,000 for 3 years to maintain driver’s license

Third Offense (or more):

- Fines up to $10,000

- 2 years minimum in Texas Department of Corrections

- Driver’s License Suspension up to 180 days to 2 years

- Annual surcharge fee of $1,000, $1500, or $2,000 for 3 years to maintain driver’s license

A: With a prior DWI conviction or if you have a BAC of .15 or greater, you will be required to install an interlock ignition device as a condition of your bond. The interlock device is similar to a breathalyzer and requires you to breath into it to detect blood alcohol concentration (BAC). If the interlock device determines that your BAC exceeds certain programmed limits, then your car will not start or will count down to a shut down if you are driving. Courts are requiring an interlock upon a conviction for DWI in more cases in Texas as a condition of probation or as a condition of obtaining an Occupational Driver’s License.

A: Texas law allows a person to petition the Court for an Occupational Driver’s License (ODL) in order to drive up to twelve (12) hours per day within the State of Texas.  Typically, Courts require the Petitioner to obtain an SR-22 (bond of insurance) and in some cases, will condition an ODL on the installation of an interlock device.

A: You have a right to request an Administrative Hearing, provided that you make a proper request to Texas Department of Public Safety within fifteen (15) days from the date of your arrest or the date you received notice of the suspension.

A: The easy answer is no you do not have to take roadside tests. However, many officers will write their Peace Officer’s Sworn Report to say that the Defendant refused roadside tests (Standardized Field Sobriety Tests) because they were “trying to hide their intoxication”, “they knew they were too intoxicated to pass the tests”, or “Refused – could not perform”. The best answer is to tell the officer that you will perform all roadside tests that you are “required” to perform. Therefore, the officer will be put in position to tell you that there are no roadside tests that you must perform.

A: The easy answer is no you do not have to take roadside tests. However, many officers will write their Peace Officer’s Sworn Report to say that the Defendant refused roadside tests (Standardized Field Sobriety Tests) because they were “trying to hide their intoxication”, “they knew they were too intoxicated to pass the tests”, or “Refused – could not perform”. The best answer is to tell the officer that you will perform all roadside tests that you are “required” to perform. Therefore, the officer will be put in position to tell you that there are no roadside tests that you must perform.

A: Typically after an arrest for DWI, you are not permitted to contact a lawyer until after you are asked to complete roadside tests, questioned about where you have been, what you have eaten, and what alcohol you have consumed, you are arrested, you are transported to a local jail, you are asked to perform tests at the jail, and you are asked to provide a specimen of your breath or blood. Although you are allowed to have a lawyer present for any “in custody interrogation”, in DWI cases, the list in the foregoing sentence may all occur without Texas Law allowing you to request or have your attorney present to advise you. Once you are booked into jail, then you are afforded a telephone call to call a relative, friend, or attorney for assistance or advice.

A: Yes, you are subject to a driver’ license suspension with a conviction in many possession or drug cases. Those suspension periods and terms vary substantially. You should contact our office to determine your specific suspension period.

A: Many courts have diversion, first offender, or drug court programs that allow you to avoid conviction with strict compliance with each individual program or agreement.

A: If an officer has reason to believe that you committed a crime or a person has made a complaint that you violated a criminal law, then you are likely to be detained and arrested. You should always contact an attorney to advise and represent you. If you did not commit the crime you are accused of, you should be advised that you have an absolute right to a trial where the State of Texas through the District Attorney’s Office or City Attorney must present testimony or other evidence that proves you are guilty beyond a reasonable doubt. You need the trial experience of our firm.

A: There are different types of warrants.  In ticket cases, most warrants can be cleared without you having to be arrested or placed into custody. If you have an arrest warrant, then you are likely to be detained and arrested. Otherwise, if a bond has already been set, then you may be able to turn yourself into jail, immediately post bond, and be processed out of jail. If you are on probation and have been accused of violating a term or condition of probation, then you will likely be arrested and brought before the Judge of that Court, who will set the terms and conditions for your release.

A: In Texas, custody is determined by what is in the "best interest" of the child.  In some cases, the Court may also consider the child's desires.  Typically, conservatorship includes custody of the child, which means one parent will determine where the child resides.  Generally, parents walk in the courtroom in Texas with a presumption that they should be Joint Managing Conservators of their children.  However, Joint Managing Conservatorship does not mean that each party will have the children one-half of the time.  Further, Joint Managing Conservatorship does not guarantee that the parents will share or split parental rights and duties.  Rather, Courts can vary on assigning parental rights depending on the circumstances of each case.  Courts often issue a geographic restriction so that the child's domicile remains in the same county as the party’s original residence to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the children.  Courts have shown growing acceptance of non-standard visitation plans.

A: In most cases, child support will be based on the Texas child support guidelines.  Typically, child support is twenty (20) percent of the obligor's (non-custodial parent who pays support) net pay for one child and an additional five (5) percent for each child with a maximum of forty (40) percent.  Of course, Texas Courts can vary from guideline support depending on the special needs of the child or based on the obligor having children from another relationship that are under age 18.  Courts prefer that all child payments go through the Child Support Disbursement Unit for  proper accounting of payments made and received.  The party ordered to pay child support often is required to provide health insurance for the child as well. 

A: When child support has already been ordered and there has been a change of circumstance of one or both parents, then a modification of the amount of support may become necessary. For example, if the receiving parent desires an increase in support or the obligor gets a new job or a raise, then a modification is likely appropriate.  Within three years of the most recent order, a party must show that there has been a “material” change in circumstances that warrants an increase or decrease in support or that a change exceeds a difference of $100.  If three years or more have passed since the last order, then the party seeking a change of support is only required to show that the support obligation is no longer within the Texas guidelines.  Texas offers a child support calculator at https://www.oag.state.tx.us/cs/calculator/, which may be used as a guideline but only the court can determine the actual amount of support absent agreement of the parties.

A: Unless a child gets married or is emancipated, child support orders continue until the child reaches age 18 and graduates high school, whichever occurs later. If the child is in high school at age 18, support continues until high school graduation. If the child is disabled, it may be possible to continue child support for a longer period. Texas law does not require payment of child support during college or for payment of college tuition or expenses. However, parties can reach an agreement for college support for their children and be bound by contract.

A: The court may order that one spouse must pay support to the other spouse during the divorce process and/or after the divorce becomes final regardless of gender. If one spouse is unemployed or earns significantly less than the other, then a Court may award temporary spousal support. There are no set guidelines for temporary spousal support.  Rather, a party must show their current expenses and needs, as well as the resources the party has available to meet those needs.  Temporary spousal support is only paid for a limited time or during the pendency of the divorce and does not extend beyond the final divorce. If the Court orders spousal support after the divorce is granted, then it is called alimony. In Texas, a party typically must be married for at least 10 years before being able to request alimony.

A: When a Court orders alimony, the maximum duration is usually established by the length of the marriage. If the marriage lasted 10 to 20 years, then the maximum duration is five (5) years. If the marriage lasted 20 to 30 years, then the maximum duration is seven (7) years. If the marriage exceeded 30 years, then the maximum duration is ten (10) years. Of course, there are a few exceptions to this, and a Judge has discretion to order zero alimony up to those maximums.