Texas DUI Forms

This form addresses important considerations that may effect the legal rights and obligations of the parties in a DUI/DWI matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney's case evaluation and can significantly reduce costs associated with case preparation.

DUI - Questionnaire

This form addresses important considerations that may effect the legal rights and obligations of the parties in a DUI/DWI matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems.

Texas DUI Form Categories


Driving Under the Influence FAQ

What is DUI law? 

Drunk driving, driving while intoxicated (DWI), or driving under the influence (DUI), is typically determined by the alcohol content found in the driver's blood. Blood alcohol content (BAC) may be determined in two ways: through breath analysis or urinalysis. All but three states have lowered the legal limit of blood alcohol content from 0.10 to 0.08 percent. Also, thirty-four states have passed laws lowering the BAC to 0.02 percent or no amount for drivers under 21. Twelve states have also set a separate limit at 0.04 percent for commercial vehicle drivers.

Penalties for drunk driving are severe in most states. Virtually every state suspends the driver's license on a first offense, and the length of suspension increases sharply with each successive offense. There is, however, a great deal of variation in the lengths of suspension of driving privileges among the states. The newest development in the laws of drunk driving concern court-ordered attendance at an alcohol abuse rehabilitation program upon conviction for driving while intoxicated. Most have some sort of rehabilitation requirement for problem drinkers and drivers. Although sentences and penalties vary among different states and different courts, a person convicted of driving drunk may face any of the following:

  • A fine of $1000 or more
  • Probation
  • Revocation or suspension of the offender's driver's license
  • Impoundment of the offender's car or the installation of special locks on the offender's car
  • Special classes regarding drunk driving or alcoholism
  • Mandatory jail sentence

What are the defenses to DUI? 

A person charged with drunk driving usually attacks the arresting officer's observations or opinions. A defendant may also attack witnesses that tested the defendant's BAC, or the defendant may call on someone who can testify that the defendant was sober.

In addition to these strategies, a defendant could rely on one of several defenses. These defenses include the following: (1) necessity, which applies when a person must drive to prevent a greater evil; (2) duress, which applies when the defendant drives in order to avoid serious injury or death; (3) entrapment, which applies when an officer requests that a person drive drunk; (4) mistake of fact, which applies when a person has an honest belief that his or her BAC is below the legal limit; and (5) involuntary intoxication, which applies when the person has ingested alcohol without his or her knowledge.

Individual states take different positions with respect to the availability of these defenses. In general, however, these defenses rely on specific sets of facts and are each very difficult to prove successfully.

Top Questions about Texas DUI Forms

  • Do I need an SR-22 to reinstate my license in Texas?

    Yes, to reinstate your license in Texas after a DUI, you will need to file an SR-22 form. This form proves you carry the required liability insurance for a designated period. Submitting proper Texas DUI Forms alongside the SR-22 helps ensure compliance with state regulations. It is crucial to consult with your insurance provider to understand the requirements fully.

  • How long is your driver's license suspended for DUI in Texas?

    In Texas, a driver's license can be suspended for 90 days to 2 years following a DUI conviction. The duration depends on the specifics of the case, including whether it is a first or repeat offense. To reinstate your license after the suspension period, you may need to submit Texas DUI Forms and comply with any additional requirements mandated by the state.

  • Is jail time mandatory for 1st DUI in Texas?

    For a first DUI offense in Texas, jail time is not mandatory but can occur. Penalties may include fines, community service, or mandatory alcohol education programs. However, specific circumstances, such as having a high blood alcohol concentration (BAC) or causing an accident, can influence the decision. Understanding the potential consequences and completing the necessary Texas DUI Forms may be beneficial.

  • What is the process for a DUI in Texas?

    The process begins when a person is arrested for driving under the influence in Texas. Following the arrest, individuals typically face an arraignment, where they enter a plea. Afterward, the court may set a trial date or explore plea bargain options. Completing Texas DUI Forms correctly can help simplify proceedings and ensure that your rights are protected.

  • What is an SR 88 form in Texas?

    The SR 88 form in Texas is a document required by the DPS to reinstate a driver’s license or to certify compliance with court-ordered requirements after a DUI offense. This form is essential for drivers who need to prove they've fulfilled mandated actions from the court or DPS. By completing the SR 88 form, you ensure that all necessary information regarding your compliance is properly acknowledged.

  • How to get DUI dismissed in Texas?

    To get a DUI dismissed in Texas, you should consult a legal expert who can help evaluate the specifics of your case. Depending on the circumstances, it may be possible to challenge the evidence or negotiate plea deals. Additionally, preparing and submitting appropriate Texas DUI forms can streamline the process and strengthen your case, increasing the chances of dismissal.

  • What does SR suspension mean in Texas?

    In Texas, an SR suspension refers to a specialized type of suspension that requires certain drivers to maintain high-risk insurance, commonly known as SR-22 insurance. This is typically mandated after DUI offenses or other serious violations. Understanding this type of suspension is crucial as it affects your ability to drive legally, and you may need additional Texas DUI forms to navigate this process.

  • How do I get my license reinstated after a DUI in Texas?

    Getting your license reinstated after a DUI in Texas requires completing specific steps. First, you must meet all suspension requirements, which may include paying fines and completing educational programs. Afterward, you can submit your application for reinstatement via the Texas DPS website or in person, and you may need to use appropriate Texas DUI forms to ensure proper processing.

  • How to get a driving record from Texas DPS?

    To obtain your driving record from the Texas Department of Public Safety (DPS), you can visit their website and request your record online. You will need to provide personal information like your driver's license number and other identifying details. Additionally, you can request your record by mail or in person at a local DPS office. Using Texas DUI forms may assist you in organizing any related documentation.

  • How long after a crime can you be charged in Texas?

    The timeline for charging someone after a crime in Texas varies based on the nature of the crime, with limits set by statute of limitations. Generally, it can be anywhere from a few months to several years. Staying informed about your legal rights and utilizing Texas DUI Forms is essential if you need to address any charges or documents related to a DUI.