Arrested for a DWI or Felony in Texas? Here Are 25 FAQs Answered by Experienced Criminal Defense Attorney

Being arrested in Texas — whether for a DWI or a more serious felony — is one of the most stressful experiences you can go through. You may not know what to expect, what your rights are, or what steps you should take next. Whether you’re facing charges in Fort Worth, Houston, Dallas, or anywhere across the Lone Star State, understanding the basics of the criminal justice process can make a huge difference in the outcome of your case.

At Jones Miyazono Attorneys at Law, we help Texans defend their rights every day. Below are the 25 most frequently asked questions people have after a DWI or felony arrest in Texas — answered in clear, straightforward terms.

General Legal Process FAQs

What should I do immediately after being arrested in Texas?
Stay calm, remain silent, and ask for an attorney. Do not try to talk your way out of the arrest. Anything you say can be used against you in court.
Do I have the right to remain silent?
Yes. Under the U.S. Constitution, you have the right to remain silent. Politely decline to answer questions without your lawyer present.
Should I talk to the police after my arrest?
No. Never speak to law enforcement without your attorney. Even seemingly harmless answers can hurt your case.
Can I be released from jail quickly?
Yes. Most people are eligible for bail or bond, but the amount and process can vary depending on the charges. A criminal defense attorney can help you with this.
How long do I have before my first court date?
Typically within 30 days of your arrest, but this can vary by county and case type.

DWI-Specific Questions

What is considered a DWI in Texas?
In Texas, a DWI (Driving While Intoxicated) means operating a vehicle with a BAC of 0.08% or higher, or while impaired by alcohol or drugs.
What are the penalties for a first-time DWI in Texas?
Up to 180 days in jail, a fine up to $2,000, license suspension, and possible ignition interlock installation. Penalties increase with prior offenses or high BAC levels.
Will I lose my driver’s license after a DWI arrest?
Not automatically — but you must request an ALR (Administrative License Revocation) hearing within 15 days to contest the suspension.
Can I refuse a breath or blood test in Texas?
Yes, but refusal triggers automatic license suspension under Texas' “implied consent” law.
Can a DWI be dismissed in Texas?
Yes, if the arrest was unlawful or if evidence is suppressed. Many DWI cases are reduced or dismissed with strong legal defense.

Felony-Specific Questions

What qualifies as a felony in Texas?
Felonies are serious crimes punishable by more than one year in state prison. Examples include aggravated assault, robbery, and drug trafficking.
What are the degrees of felonies in Texas?
- State Jail Felony: 180 days to 2 years
- Third Degree: 2–10 years
- Second Degree: 2–20 years
- First Degree: 5–99 years or life
- Capital Felony: Life imprisonment or death penalty
Can I get probation for a felony charge?
It depends on the offense and your criminal history. Some first-time offenders may be eligible for probation (community supervision).
Will a felony conviction stay on my record forever?
Yes, unless the charge is expunged or sealed through an order of nondisclosure. Many felony convictions are permanent.
Can I vote after a felony conviction in Texas?
Not while incarcerated, on parole, or on probation. However, voting rights are restored after completing your sentence.

Legal Representation FAQs

Do I really need a criminal defense lawyer?
Absolutely. Even for a first-time offense, the stakes are high. An experienced attorney can protect your rights and negotiate for reduced penalties or dismissal.
How much does a criminal defense attorney cost in Texas?
Fees vary based on case complexity. Many attorneys offer payment plans. Jones Miyazono offers a free consultation to discuss your options.
What should I look for in a defense lawyer?
Look for experience in Texas courts, knowledge of local procedures, clear communication, and a strong track record in cases like yours.
Can I switch attorneys if I’m unhappy with my current one?
Yes. You have the right to choose your representation at any point in the case, with few exceptions.
Can Jones Miyazono Attorneys at Law help me if I’ve already been charged?
Yes. Whether you’ve just been arrested or your court date is approaching, we can step in and provide strong legal defense.

Case Management & Outcomes

How long does a criminal case take in Texas?
It depends. Some cases resolve in weeks, others take months or longer, especially if they go to trial.
What are common defenses to DWI or felony charges?
Lack of probable cause, improper police procedure, faulty testing, mistaken identity, and lack of intent are some common defenses.
What happens if I miss my court date?
A warrant may be issued for your arrest, and it could lead to additional charges. Always show up, or inform your attorney if you cannot attend.
Will a DWI or felony show up on a background check?
Yes — unless the record has been expunged or sealed, it will appear on most employment and housing background checks.
What can Jones Miyazono do to help my case?
We’ll evaluate your case, challenge the evidence, represent you in court, and work to reduce or dismiss charges. With offices in Fort Worth, we serve clients across Tarrant County and the state of Texas.

Need Help After an Arrest in Texas?

If you or a loved one has been arrested for a DWI or felony in Texas, time is critical. Contact the experienced criminal defense attorneys at Jones Miyazono for a free, confidential consultation.

Call Now: 1-817-335-0200
Serving Fort Worth, Tarrant County, and the State of Texas
Visit: www.jonesmiyazono.com

We’ll help you understand your rights, navigate the court system, and fight for the best possible outcome.

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