DUI/DWI Law FAQs

In Texas, DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are distinct offenses under state law, primarily differentiated by the driver’s age and the level of intoxication required for charges. DWI applies to drivers aged 21 and older who operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or who lack the normal use of their mental or physical faculties due to alcohol, drugs, or a combination (Texas Penal Code §49.01 and §49.04). DUI, on the other hand, specifically targets minors under 21 and enforces a zero-tolerance policy: any detectable amount of alcohol (even below 0.08%) in their system while driving qualifies as DUI under Texas Alcoholic Beverage Code §106.041.
This distinction matters significantly because DWI carries harsher penalties as a Class B misdemeanor (upgradable to Class A or felony based on factors like BAC or priors), while DUI is typically a Class C misdemeanor with lighter consequences like fines up to $500, 20-60 days license suspension, and alcohol education classes. For adults, DUI isn’t applicable—it’s always DWI. Misunderstanding this can lead to underestimating risks, especially for young drivers facing automatic administrative suspensions. Attorney Andrea M. Kolski, with over 24 years as a former prosecutor and defense attorney, emphasizes in her practice that early intervention exploits these nuances to challenge charges effectively, often securing dismissals or reductions in Montgomery County courts.

Consequences escalate with offense number, BAC level, and aggravating factors like child passengers or accidents. For a first-time DWI (most common for adults):
•  Fines: Up to $2,000 (enhanced to $4,000 if BAC ≥0.15%).
•  Jail Time: 72 hours to 180 days (minimum 3 days; probation possible for first offenses).
•  License Suspension: 90 days to 1 year.
•  Other: Mandatory 12-hour DWI education, community service (24-100 hours), SR-22 insurance filing, and possible ignition interlock device (IID) if BAC ≥0.15%.
For DUI (minors): Fines up to $500, 60-day suspension, 20-40 hours community service, and alcohol awareness classes.
Second offenses (Class A misdemeanor): Fines up to $4,000, 30 days to 1 year jail, 180 days to 2 years suspension, 32-hour education, and mandatory IID.
Third or subsequent (third-degree felony): Fines up to $10,000, 2-10 years prison, up to 2 years suspension, and IID.
Aggravating factors (e.g., child under 15: state jail felony; injury: intoxication assault, 2-10 years; death: manslaughter, 2-20 years) amplify penalties.
Early intervention by a skilled DUI/DWI defense attorney can have a significant impact in reducing these consequences and penalties.

Defense strategies vary widely but most common focus on procedural errors, evidence flaws, and affirmative defenses. A skilled DUI/DWI attorney may combine multiple strategies to build a creative defense. Common defense strategies may include:
•  Lack of Probable Cause: Challenge the traffic stop’s legality; without reasonable suspicion, all subsequent evidence (e.g., tests) is suppressed.
•  Faulty Field Sobriety Tests (FSTs): Subjective tests can fail due to medical conditions, fatigue, or improper administration; video often contradicts officer claims.
•  Inaccurate Breath/Blood Tests: Question calibration, chain of custody, or “rising BAC” (alcohol absorption post-stop); refusals trigger suspensions but avoid potentially higher readings.
•  Constitutional Violations: Suppress evidence from illegal searches, Miranda breaches, or warrantless blood draws.
•  Affirmative Defenses: Duress (e.g., fleeing danger), mistake of fact, or lack of vehicle control (e.g., asleep at wheel).

Strengthening Factors (Prosecution’s Side):
•  High BAC (≥0.15% enhances charges).
•  Prior convictions (lookback period is lifetime for enhancements).
•  Aggravators: Accidents, injuries, open containers, child passengers, or refusal (admissible as consciousness of guilt).
•  Strong evidence: Dashcam/bodycam footage, witness statements, or accurate tests.
Weakening Factors (Defense’s Side):
•  Procedural errors: Illegal stop, improper Miranda warnings, or test mishandling.
•  Marginal evidence: Borderline BAC, medical issues mimicking impairment (e.g., GERD inflating breath tests), or officer bias.
•  Mitigating circumstances: First offense

Pretrial motions are critical tools to suppress evidence, dismiss charges, or compel discovery, potentially derailing prosecution before trial. Common ones:
•  Motion to Suppress: Excludes illegally obtained evidence (e.g., if stop lacked probable cause).
•  Motion to Dismiss: For speedy trial violations, insufficient evidence, or entrapment.
•  Motion for Discovery: Forces disclosure of police reports, videos, and test calibration logs.
Hearings on these can occur early (weeks post-arraignment) and, if granted, weaken or end the case. Attorney Andrea Kolski has a strong track record of aggressively filing these motions and this enables her team to favorably resolve a significant number of DWI cases pretrial through suppressed evidence.

Yes, plea bargains resolve ~70-90% of Texas DWI cases, per prosecutorial data, avoiding trials’ time/cost. Types include charge reductions (e.g., DWI to reckless driving) or sentence bargains (e.g., probation over jail). Prosecutors favor them for backlog efficiency, especially first offenses with weak evidence. Our team at Nonstopjustice negotiates these routinely, allowing us to secure “wet reckless” pleas that preserve records.

Only 5-10% reach trial; most (~90%) plea out or divert pretrial. Trials occur in strong-evidence cases or when defendants reject deals. In Travis County (2021 data), ~13% dismissed outright, 30% reduced—leaving few for jury. This is where trial experience and skill come into play for DUI/DWI defense. Prosecutors are more likely to offer good deals to avoid going to battle with seasoned, skilled litigators like attorney Andrea Kolski and her 25+ years of experience.

Absolutely: Approximately~13% dismissed statewide (e.g., via suppression); 30% reduced (e.g., to obstruction of highway). First-timers with clean records fare best via pleas/diversions. However, reductions and dismissals don't come easy- especially in tough Texas courts. Andrea and her team is unique in earning “countless” dismissals/reductions over the last two and a half decades. As recently as summer 2025, Andrea successfully went to trial and earned a dismissal on a difficult DWI case that earned praise from her peers, prosecutors, and of course, the very happy client.

Automatic Administrative License Revocation (ALR) suspends licenses 40 days post-arrest: 90 days (BAC fail), 180 days (refusal). Criminal conviction adds 90 days-2 years. Occupational licenses possible during suspension. To avoid major work and life disruption for our clients, we often advise ALR hearings within 15 days to contest.

Convictions create permanent records (visible on background checks), barring expungement except acquittals/dismissals; nondisclosure possible post-probation for first offenses. Insurance surges 50-87% (~$1,000/year extra) for 3-5 years, requiring SR-22 for 2 years. We often recommend filing a nondisclosure to mitigate the impact on your record.

•  Diversions: First-offense pretrial intervention (dismissal post-compliance).
•  Post-Conviction: Nondisclosure petitions, occupational licenses, rehab proof.
•  Proactive: AA attendance, character letters for sentencing.

DUI/DWI attorney Andrea Kolski and her team carefully review each case and with over 25 years of courtroom experience, they can strategically tailor defenses that offer the best chance for dismissals/reductions.

3-12 months average: Arraignment (20-40 days), pretrial (2-6 months), trial (if needed: +6-12 months). Pleas shorten; backlogs extend. Andrea Kolski and her team work to resolve most cases in 6 months via negotiations but the actual time may vary.

Class B misdemeanor: Up to $2,000 fine, 3-180 days jail (probation likely), 90-365 day suspension, education/classes. Diversion programs often available for clean records. This is where an attorneys experience and insight can make all the difference. Andrea Kolski and her team excel in first-offense reductions.

2nd (Class A): $4,000 fine, 30 days-1 year jail, 180 days-2 years suspension, mandatory IID. 3rd+ (felony): $10,000 fine, 2-10 years prison, 2 years suspension. Lifetime enhancements. Defending multiple offense DUI/DWI cases successfully takes skill and experience earned over time. Once again, Andrea Kolski and her team at Nonstopjustice have earned an exceptional reputation in defending these challenging cases.

Yes, you can but know the consequences. You can refuse FSTs (not chemical tests). Breathalyzer refusal: 180-day suspension (2 years priors), but avoids high-BAC evidence (may prompt blood warrant). No criminal charge for refusal, but potentially admissible as guilt.

An IID (car breathalyzer) prevents starting if alcohol detected. Required for: 1st with BAC ≥0.15% (180 days min.), all 2nd+ (2 years), or court-ordered. Costs ~$100-150/month. Restricted license allows driving with IID.

DWI Attorney Andrea M. Kolski has been practicing law since 1999 and has 25+ years experience with hundreds of DWI/DUI cases. While most DUI/DWI lawyers shy away from going to trial, Andrea and her team at Nonstopjustice are proven fighters with unmatched skills in a courtroom. Their willingness and determination to get the best possible outcome for their clients has earned Andrea and her team the respect of their criminal defense peers along with prosecutors and judges.

For 20+ years, DUI/DWI lawyer Andrea Kolski has lived and practiced in Montgomery county, Texas and is very familiar with the Conroe courthouse and the many courts, prosecutors, and judges. Andrea was a former prosecutor in Harris county (Houston) and is familiar with the courts there as well. Additionally, Andrea and her team regularly represent clients in Brazos county, Hardin county, Galveston, Bexar, and elsewhere in Texas.

Andrea has been practicing criminal law for over 25 years and has extensive experience with first time and repeat DUI/DWI offenses. Few firms have the experience and knowledge that Andrea and her team bring to the table.

Yes. Due to privacy, we cannot disclose details on these cases but we have several strategies we've employed over the years to beat both breathalyzer and field sobriety tests. 25+ years of practice means we've learned many creative ways to challenge these tests. When it comes to DUI/DWI defense, there is no substitute for experience.

Our approach is simple: we strive for the best possible result for our clients. Our primary goal is always dismissal. Beyond that, we work towards the most beneficial outcome in every case. The name is Nonstopjustice for a reason- we never stop pursuing justice on behalf of our clients.

For us, practicing criminal defense law isn't just an occupation- it's a passion. Unlike most desk jockey lawyers who haven't seen a courtroom in years, the courthouse is our second home. Great lawyers know real expertise and insight comes from years at the courthouse- not in a dusty old book or online webinar... Andrea and her team are familiar faces at the courthouse and actively engage prosecutors, judges, and our fellow defense attorneys to gain insights and knowledge that can't be learned elsewhere. "Boots on the ground" is how battles are fought and victories are won. Of course, we also participate in regular seminars, ongoing legal training, and continuous learning (CLE) recommended by the state bar association... but our passion for the law and our clients best interests fuel our need to be in the center of the action. In the courthouse, we are at the heart of the battle every day and use that hands-on knowledge to fight for our clients and their families.

For criminal cases, we typically offer a flat fee or, in some instances, an hourly rate may be in order. With our years of experience, we can usually estimate what a criminal case will entail and give a client one flat fee upfront. Our clients appreciate our transparency and no-nonsense pricing. Our clients always know what to expect from day one.

We urge people to beware firms that offer lowball pricing. Sadly, "bait and switch" tactics have become common practice among larger law firms who operate on volume- gaining as many clients as possible- and hitting clients with skyrocketing costs later.

That's not us. Unfortunately, this has become a common practice with high volume firms. We don't believe clients should be hit with excess costs or unforeseen charges, so a flat fee avoids surprises and gives clients peace of mind.

Every case is unique, so we make sure to discuss the proceedings with every client and clearly communicate any additional costs if necessary. For family law cases, we offer hourly billing through a retainer. We make sure every client is aware of costs upfront and maintain transparency along the way.

Every case is unique and we quote costs once we've reviewed your specific legal situation.

For criminal cases, there is no charge for the initial review or consultation. For all other family law, divorce, and non-criminal consultations there is a charge for the initial consult.

Yes, depending on the type of case, we may offer payment plans and other flexible billing options for clients.

No. It's unethical for a lawyer to guarantee the outcome of a case. However, experienced lawyers with years of practice can have a pretty good idea of your chances and the potential outcome of your case. But any lawyer that promises or guarantees an outcome is acting unethically and should be avoided.

Few things are more important than trust when it comes to choosing a lawyer. While every lawyer works to have a professional image, how do you know if it's authentic? First, meet with them and ask lots of questions. (Click HERE for a list of good questions). Get a feel for who they are as a person. Do they seem genuine? Do they answer honestly? Are they professional? Do they seem "too slick" or "too polished"?

Check their social media- Instagram, Facebook, TikTok, Etc. What do you see? Party pics? Flashy cars, clothes, travel? That can give you insight on the priorities in their life- more interested in partying and travel than family and work?? That can impact their effectiveness.

Beware FAKE reviews and search the state bar for any complaints or prior issues. Yes, fake reviews are a real problem in the legal industry. Lawyers with hundreds of reviews should raise a red flag- how can they handle so many cases effectively?? Hint: Nobody's perfect! Any lawyer with a perfect 5.0 or 10.0 is definitely suspicious- especially in criminal defense where it's impossible to win every case every time (no lawyer can claim that). Ask them specifics about reviews- if you get vague answers, they likely have fake reviews. Reading reviews is a no-brainer but people are often amazed how many seemingly successful lawyers have pending grievances or ethical violations. Unless you search the state bar website, it's almost impossible to know. Be sure to check their name and history on the TEXAS STATE BAR WEBSITE before meeting any lawyer.

Experience, expertise, and skill come at a price. A more experienced lawyer with 20+ years of practice will understandably cost more than someone fresh out of law school. Beyond experience, other factors impact what a lawyer charges such expertise, local knowledge, filing requirements, evidence gathering, potential travel costs, etc. Like other professions, pricing is usually a reflection of that lawyers experience and expertise in that area of law. It's important to ask specific questions when meeting with a lawyer or law firm to determine their real experience, skills, and their pricing rationale BEFORE signing on with them. Click here for 7 questions to ask before hiring any lawyer.

No. When it comes to the law, size doesn't matter. In fact, clients often complain that larger firms lack the individual attention and personal focus that they need. "I never heard from my lawyer", "I have no idea what's happening with my case", or "After the first meeting, they handed me off to a complete stranger"... Those are common complaints with larger law firms. It's especially frustrating with criminal defense where your future, your livelihood, and your freedom could be on the line. Sadly, large firms spend more money on marketing and advertising to acquire cases than they spend fighting on behalf of their clients. In contrast, smaller firms can provide personal focus and individual attention because they have fewer cases to manage. Smaller firms are also incentivized to fight harder on your behalf because your case means more to them than a firm juggling hundreds or thousands of cases. At a smaller firm, you're a person and you matter. At a larger firm, you're just a number. You decide.

Every situation is unique. Once we review your situation, we will indicate whether a retainer is required and how that will be managed. We are upfront and transparent with all fees and costs. No surprises.

We handle each case personally and keep an open line of communication with clients for the duration of their case. We strive to take the stress off our clients shoulders so they can get back to living their lives with minimal inconvenience. Our decades of experience allows us to determine the frequency of communication and we are transparent with clients on what to expect and how often we expect to touch base.

We work every case personally. Unlike many larger firms who pawn off clients to paralegals or junior associates, the lawyer you meet is the lawyer that will handle your case from start to finish. We're with you every step of the way.

We usually respond immediately, same day, or if we're in court or travelling, within 24 hours.

As often as needed. We know that a pending legal case can be a stressful time and we do everything to put you at ease so you can go on with your life. You'll always know where you stand, what to expect, and we provide relevant updates so you can plan ahead.

Whatever is best for you and your case. More complicated cases may require additional preparation and in-person meetings, some may be best handled over the phone and through email. We adjust our communication to what works for you, your schedule, and the legal matter at hand.