The Cost of a DWI in Longview: Fines, Fees, and Insurance Rates

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Driving while intoxicated (DWI) in Longview, Texas, is more than just a traffic stop—it’s a financial and legal crisis that can impact nearly every part of your life. Most people don’t realize just how expensive a DWI can be until they’re facing charges. From court-imposed fines to long-term insurance rate increases, the true cost of a DWI in Texas adds up fast.

As a DWI defense lawyer serving Longview and surrounding areas, I want to make sure you understand the financial impact of a DWI conviction—and how hiring the right attorney early can help reduce or even avoid some of these penalties.

Court Fines and Criminal Penalties for a DWI in Texas

The most immediate financial burden in a Texas DWI case comes in the form of criminal fines. These fines depend on whether it’s your first, second, or third offense:

  • First DWI Offense (Class B Misdemeanor):

    • Fines up to $2,000

    • Possible 72 hours to 180 days in jail

    • License suspension up to one year

  • Second DWI Offense (Class A Misdemeanor):

    • Fines up to $4,000

    • Jail time from 30 days to one year

    • License suspension for up to two years

  • Third or Subsequent DWI (Felony):

    • Fines up to $10,000

    • Prison time of 2–10 years

    • Loss of license up to two years

Additional fines may apply in cases with:

  • BAC over 0.15

  • Minor in the vehicle

  • DWI-related accident or injury

Mandatory Surcharges and Administrative Fees

Texas has eliminated its old “Driver Responsibility Program,” but DWI convictions still trigger administrative penalties, including:

  • License Reinstatement Fees: After a suspension, expect to pay $125 or more to reinstate your driver’s license.

  • Ignition Interlock Device: Required in many cases (especially second or subsequent offenses), this device costs $75–$150 to install, plus $60–$80/month for monitoring.

  • Alcohol Education Programs: These court-mandated classes can cost $70–$185, depending on the program length.

If your case involves an accident or personal injury, restitution may also be ordered by the court.

DWI and Car Insurance Rates in Texas

Even after you’ve served your sentence and paid your fines, the financial consequences of a DWI follow you.

After a DWI, your auto insurance provider may:

  • Cancel your policy

  • Refuse to renew your coverage

  • Raise your premiums significantly

Most drivers see a 40%–100% increase in premiums for at least 3 to 5 years. You may also be required to file an SR-22 form, which is essentially a certificate of financial responsibility that proves you carry the minimum required liability coverage. This alone can cost $25–$50 per year, on top of higher insurance costs.

Over time, you could pay $4,500–$10,000 or more in increased insurance premiums because of a single DWI conviction.

Other Hidden Costs of a DWI in Texas

Beyond the obvious fines and fees, there are many other indirect financial impacts:

  • Lost wages due to court appearances, jail time, or license suspension

  • Transportation costs if your license is suspended and you have to rely on taxis, ride-shares, or public transit

  • Bail and bond fees, often starting at $500–$1,500

  • Court costs, probation fees, and legal filing fees

  • Job consequences, especially for professionals, CDL drivers, and military personnel

How a Longview DWI Attorney Can Help You Minimize the Financial Damage

An experienced DWI defense lawyer can often reduce your charges or penalties. Depending on the facts of your case, I may be able to:

  • Challenge the legality of the traffic stop or arrest

  • Suppress unreliable breathalyzer or blood test results

  • Negotiate for a reduction in charges (e.g., reckless driving instead of DWI)

  • Argue for deferred adjudication or pre-trial diversion, which can help you avoid a conviction altogether

Investing in the right defense now may save you thousands of dollars in fines, fees, and insurance hikes over the next decade.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

If you’ve been charged with DWI in Longview or anywhere in East Texas, don’t wait. The clock starts ticking the moment you’re arrested, and every decision you make from here on out matters. The Law Office of Alex Tyra, P.C. is ready to help you protect your future, your license, and your wallet.

Call us today at (903) 753-7499 to schedule your free consultation and take the first step toward fighting your DWI charges.

Will a DWI Show Up on a Background Check in Texas?

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If you were arrested for Driving While Intoxicated (DWI) in Texas, you may be wondering how it might affect your future—especially your ability to get a job, rent an apartment, or apply for a professional license. One of the most common questions we get is whether a DWI will appear on a background check.

The short answer is: yes, in most cases, a DWI will show up on a background check in Texas—even if it was your first offense. But there are important details you need to understand, especially if you haven’t been convicted yet.

Arrests, Charges, and Convictions Are All Public Record

When a background check is run—whether by a private employer, landlord, or government agency—it can pull data from multiple public sources, including:

  • Texas Department of Public Safety (DPS) criminal history database

  • County court records

  • Law enforcement arrest logs

  • Federal and state databases

If you were arrested for DWI, even if the charge was later dismissed, it may still show up unless it was expunged or sealed. Likewise, a conviction will be visible to nearly anyone running a background check unless specific legal steps are taken to remove it.

Types of Background Checks and Who Can See What

Not all background checks are the same. What appears and who can access it depends on the type of check:

  • Basic Employment Checks: Most employers see criminal convictions, including DWI. Some also see pending charges or arrests.

  • Professional Licensure or Government Checks: These often involve more comprehensive scrutiny, including dismissed charges or old arrests.

  • Landlord Checks: Some landlords use third-party companies that review criminal records—DWIs may impact housing decisions.

Even rideshare apps, daycare centers, or hospitals will likely see your DWI arrest or conviction—possibly years after the fact.

What If the DWI Was Dismissed?

If your DWI case was dismissed, you may think it’s no longer a problem. Unfortunately, that’s not always true. Unless you go through the process of expunction, the record of your arrest can still appear on a background check.

Many people are surprised to learn that dismissed charges, not guilty verdicts, and even dropped investigations still leave a public trace. Employers may not differentiate between dismissal and conviction unless you explain or expunge it.

Can a DWI Be Expunged or Sealed in Texas?

Some DWI arrests may qualify for expunction, meaning the record is erased entirely. Others may qualify for non-disclosure, which seals the record from public view (but not law enforcement or licensing boards).

However, a conviction for DWI usually cannot be expunged or sealed. This makes it even more critical to fight the charge before pleading guilty.

At The Law Office of Alex Tyra, P.C., we help clients explore every possible avenue to protect their record—including challenging the charge itself or pursuing legal remedies post-dismissal.

Employers May Not Hire You Even for a First-Time DWI

A DWI conviction—even for a first offense—can hurt your chances of getting:

  • Teaching jobs

  • Government positions

  • CDL or delivery jobs

  • Medical or nursing licenses

  • Law enforcement positions

  • Jobs that involve company vehicles

Even if you’re qualified, your application may be rejected because of the criminal record alone. That’s why preventing a conviction in the first place is so important.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI is not just a traffic offense—it’s a permanent mark on your record that can follow you for years. Don’t make the mistake of assuming it’s a minor issue. If you’ve been arrested for DWI in Texas, call The Law Office of Alex Tyra, P.C.right away.

We will review your case, challenge the evidence, and fight to protect your future and your reputation.

📞 Call now for a free consultation at (903) 753-7499. We serve clients across East Texas—including Longview, Tyler, Marshall, and surrounding areas.

Are You Legally Required to Take Field Sobriety Tests in Longview, Texas?

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A DWI arrest is intimidating. The officer may have told you they have everything they need. You may have failed a breath test or performed poorly on field sobriety tests. Maybe you’re thinking it’s easier to “just get it over with” and plead guilty.

Don’t.

Pleading guilty to a DWI in Texas without speaking to a lawyer could be one of the most damaging decisions you ever make—even for a first offense. You may not realize what you’re giving up until it’s too late.

At The Law Office of Alex Tyra, P.C., we’ve helped many people who were ready to plead guilty avoid lifelong consequences by aggressively defending their case.

A Guilty Plea Is a Conviction—With Lasting Consequences

Pleading guilty is not a “shortcut” or a way to move on quickly. In Texas, a DWI conviction—no matter how minor—results in:

  • A permanent criminal record

  • Possible jail time, even for first-time offenders

  • Thousands in fines, court costs, and probation fees

  • Driver’s license suspension

  • A requirement to carry expensive SR-22 insurance

  • Possible ignition interlock installation

  • Damaged employment prospects

  • Immigration or professional license consequences

A guilty plea means you waive your right to fight the case, examine the evidence, or negotiate a better outcome. And once entered, it’s extremely difficult to undo.

Prosecutors Are Not on Your Side

It’s not uncommon for prosecutors to offer a quick plea deal. They may make it sound like they’re doing you a favor—but their job is to secure convictions, not protect your interests. The first offer is rarely the best you can get.

You need someone in your corner who understands DWI law, evidentiary rules, and how to expose weaknesses in the state’s case.

You May Have Strong Defenses Without Knowing It

Even if you failed a breath or blood test, you might still have a strong legal defense. We routinely challenge DWI charges based on:

  • Illegal traffic stops

  • Unreliable field sobriety tests

  • Improperly administered breath tests

  • Contaminated or delayed blood samples

  • Lack of probable cause for arrest

  • Mishandling of bodycam or dashcam evidence

Unless a trained attorney evaluates your case, you’ll never know what defenses you gave up by pleading guilty.

You May Qualify for Alternatives to Conviction

Depending on your circumstances, you may qualify for:

  • Dismissal of the charges

  • Reduction to a lesser offense (e.g., obstruction of a highway)

  • Deferred adjudication (in limited situations)

  • Pretrial diversion programs

These options are often off the table once you plead guilty. An experienced attorney can negotiate on your behalf and fight for outcomes that don’t permanently stain your record.

Timing Matters—The Sooner You Call, the Better

Every DWI case moves on a schedule. You have only 15 days to request a hearing to save your driver’s license from suspension. Evidence like surveillance video, witness testimony, and police bodycam footage can disappear if not preserved quickly.

The earlier we get involved, the more leverage we have to negotiate and protect your rights.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI conviction isn’t just a fine—it’s a permanent mark on your record. Don’t plead guilty until you’ve spoken to a qualified defense attorney. Let us evaluate your case, review the evidence, and fight for the best possible outcome.

At The Law Office of Alex Tyra, P.C., we defend people across East Texas charged with DWI, including in Longview, Tyler, Marshall, and beyond.

Call us now at (903) 753-7499 to schedule your free consultation and protect your future before it’s too late.

The Role of Field Sobriety Tests in Texas DWI Arrests

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If you’ve been pulled over in Texas and the officer suspects you’re driving under the influence, they may ask you to step out of the vehicle and perform field sobriety tests (FSTs). These tests are often portrayed as routine, but they play a crucial role in building a DWI case—and can be the first step toward an arrest.

At The Law Office of Alex Tyra, P.C., we know how police use (and misuse) field sobriety tests, and how to challenge them when they’re unreliable or improperly administered.

What Are Field Sobriety Tests?

Field sobriety tests are a series of physical and cognitive tasks law enforcement uses to evaluate impairment during a traffic stop. The most commonly used are the Standardized Field Sobriety Tests (SFSTs) developed by the National Highway Traffic Safety Administration (NHTSA), which include:

1. Horizontal Gaze Nystagmus (HGN)

The officer observes your eyes as you follow a moving object (usually a pen or flashlight) to detect involuntary jerking.

2. Walk-and-Turn

You’re asked to take nine heel-to-toe steps in a straight line, turn on one foot, and return the same way—while following instructions carefully.

3. One-Leg Stand

You must stand on one foot, raise the other approximately six inches off the ground, and count aloud until told to stop.

These tests are supposed to measure balance, coordination, attention span, and the ability to follow directions—all of which can be affected by alcohol or drugs.

Are You Legally Required to Take Field Sobriety Tests in Texas?

No. In Texas, field sobriety tests are voluntary, and you are not legally required to perform them. However, officers rarely inform drivers of this fact. Politely declining to perform FSTs will not result in an automatic license suspension, unlike refusing a chemical test (like a breathalyzer) after arrest.

How Officers Use FSTs to Justify Arrests

Field sobriety test results are often used by officers to establish probable cause to arrest you for DWI. Once you’re arrested, you may be required to take a chemical test. Officers will note any “clues” of intoxication during the FSTs, including:

  • Swaying, stumbling, or losing balance

  • Inability to follow directions

  • Missteps or stopping early

  • Use of arms for balance

But these so-called clues aren’t always caused by alcohol. Fatigue, anxiety, medical conditions, poor coordination, uneven pavement, or even bad footwear can affect performance.

Can Field Sobriety Tests Be Challenged in Court?

Yes—absolutely. In fact, they’re often one of the weakest points of the prosecution’s case. At The Law Office of Alex Tyra, P.C., we scrutinize every aspect of the traffic stop and testing procedure:

  • Was the test performed on a flat, well-lit surface?

  • Was the driver wearing appropriate footwear?

  • Did the officer provide clear, standardized instructions?

  • Does the driver have medical conditions or injuries that could affect balance or movement?

  • Was the officer properly trained to administer SFSTs?

If we can show the tests were flawed, incomplete, or misinterpreted, we may be able to suppress the officer’s testimony or reduce the charges.

What About Non-Standard Tests?

Sometimes officers use non-standardized tests like reciting the alphabet backwards or touching your nose with eyes closed. These tests are not scientifically validated and have even less legal credibility.

If your arrest was based on non-standardized tests, your case may be even more vulnerable to a strong legal defense.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

Field sobriety tests can be inaccurate, unfair, and misused to justify a DWI arrest. Don’t assume they prove guilt. Let The Law Office of Alex Tyra, P.C. review your stop, your tests, and your case. We know how to attack flawed DWI procedures and fight for dismissal or reduction of the charges.

Call (903) 753-7499 now to schedule your free consultation. The sooner we get involved, the stronger your defense will be.

How a DWI Conviction Affects Your Commercial Driver’s License (CDL) in Texas

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If you hold a Commercial Driver’s License (CDL) in Texas, a DWI arrest isn’t just inconvenient—it can be career-ending. The penalties for CDL holders are far more severe than for regular drivers, even if the DWI occurred in your personal vehicle.

At The Law Office of Alex Tyra, P.C., we regularly defend commercial drivers throughout East Texas facing DWI charges, and we understand how much is on the line. Your job, your livelihood, and your future depend on how your case is handled from day one.

CDL Holders Are Held to a Higher Standard

Commercial drivers operate larger, more dangerous vehicles and often carry passengers or hazardous materials. Because of this, federal and state laws impose stricter rules on CDL holders:

  • The legal BAC limit for CDL holders is 0.04% (half the standard 0.08% for non-commercial drivers) while operating a commercial vehicle.

  • DWI charges in a personal vehicle still affect your CDL status.

  • A conviction can result in immediate disqualification, even if you weren’t driving a commercial vehicle at the time.

First DWI Conviction: CDL Consequences

If you are convicted of DWI in Texas (even as a first offense), and you hold a commercial license:

  • Your CDL will be disqualified for at least 1 year

  • If you were transporting hazardous materials at the time: 3-year disqualification

  • You may also face standard DWI penalties (jail, fines, probation, license suspension for your Class C license)

Once disqualified, you must reapply for your CDL after the suspension period—and many employers won’t rehire drivers with a DWI on their record.

Second DWI: Lifetime CDL Disqualification

If you’re convicted of a second DWI, your commercial driver’s license will be disqualified for life—with only a slim chance of reinstatement after 10 years (and only if you meet strict eligibility requirements and the offense was not hazardous-material-related).

DWI Arrest Alone Can Trigger CDL Suspension

Even before you’re convicted, your CDL may be suspended if:

  • You refuse a chemical test (breath or blood)

  • You fail a chemical test (even outside a CMV)

This is called an Administrative License Revocation (ALR) and is handled separately from the criminal case. You have 15 days from the date of arrest to request a hearing to fight the suspension.

What About Occupational Licenses?

Unlike Class C drivers, CDL holders in Texas are not eligible for an occupational or hardship license for commercial driving during suspension. That means if your CDL is disqualified, you cannot legally work in any commercial driving job until the suspension is lifted.

How We Defend CDL Holders in DWI Cases

At The Law Office of Alex Tyra, P.C., we work aggressively to:

  • Challenge the legality of the traffic stop or arrest

  • Suppress invalid chemical test results

  • Negotiate for reductions to charges that don’t impact your CDL (such as reckless driving or obstruction of a roadway)

  • Represent you at your ALR hearing to fight administrative disqualification

  • Help you maintain employment during the case process where possible

If you drive for a living, your defense needs to reflect the higher stakes involved.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

One DWI conviction could cost you your entire career as a commercial driver. If you’ve been arrested—whether in a big rig or your personal vehicle—don’t wait. Let us fight to protect your license, your record, and your livelihood.

Call (903) 753-7499 today for your free consultation with a DWI defense attorney who understands the impact on commercial drivers and knows how to protect what matters most.

How a DWI Affects Auto Insurance Rates in Longview, Texas

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If you’ve been arrested or convicted for driving while intoxicated (DWI) in Texas, the consequences don’t end in the courtroom. One of the most lasting effects is the dramatic increase in your auto insurance premiums. Even a first-time DWI can send your rates skyrocketing—and in some cases, your insurer may drop you entirely.

At The Law Office of Alex Tyra, P.C., we help clients not only fight the DWI charge itself, but also understand the broader consequences that come with it—especially when it comes to auto insurance and long-term financial impact.

Why Insurance Companies Raise Rates After a DWI

Auto insurance companies use risk assessment to set your premiums. A DWI conviction (or even arrest in some cases) immediately classifies you as high-risk, which results in:

  • Higher monthly premiums

  • Loss of “good driver” discounts

  • Additional policy restrictions

  • Requirement to carry SR-22 insurance

Depending on the insurer, your rates could double or even triple after a DWI.

How Long Will the Rate Increase Last?

A DWI typically remains on your Texas driving record for life, but most insurers only look back 3 to 5 years when setting rates. However, if you are required to file an SR-22, that can last 2 to 5 years, depending on the court order and DPS requirements.

During that time, you’ll be required to maintain continuous insurance without lapse—and the policy must be from a company that provides high-risk coverage.

What Is SR-22 Insurance?

An SR-22 is not a type of insurance but rather a certificate of financial responsibility that your insurance company files with the Texas Department of Public Safety (DPS) to prove that you’re carrying the required minimum coverage.

Texas typically requires an SR-22 for:

  • DWI convictions

  • Refusal to submit to a breath or blood test

  • Driving without insurance

  • License suspensions related to alcohol or drug offenses

If your policy lapses during the SR-22 period, DPS will be notified immediately, and your driver’s license may be suspended again.

Can You Switch Insurance Companies After a DWI?

Yes—but it becomes more difficult. Many standard insurance carriers either:

  • Refuse to issue policies to DWI offenders

  • Quote unaffordable premiums

  • Require full annual payment up front

You may need to switch to a non-standard or high-risk insurer, which often provides fewer benefits at a higher cost.

How We Help Protect Your Record and Insurance Costs

The best way to prevent insurance rate hikes after a DWI is to avoid a conviction. At The Law Office of Alex Tyra, P.C., we explore every opportunity to:

  • Dismiss or reduce your charges

  • Challenge evidence from breath or blood tests

  • Negotiate for non-DWI resolutions (e.g., reckless driving, obstruction of highway)

  • Delay or avoid license suspensions that trigger SR-22 filings

Even if you’re convicted, we work to minimize the damage by helping you comply with SR-22 requirements and explore expunction or sealing options when eligible.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI conviction can do more than damage your reputation—it can affect your finances for years by increasing your auto insurance rates and forcing you into high-risk coverage. At The Law Office of Alex Tyra, P.C., we’re here to help you avoid or reduce those consequences with experienced, aggressive legal representation.

Call us today at (903) 753-7499 for a free consultation. Let’s talk about your case and what we can do to protect your license, your record, and your wallet.

What to Expect at Your First Court Appearance for a Longview DWI

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Being arrested for DWI in Texas is overwhelming—but for many people, the anxiety only grows as they face their first court appearance. Knowing what to expect can help you feel more prepared and in control of your case.

At The Law Office of Alex Tyra, P.C., we represent clients in courts across East Texas. We walk them through every step, starting with their first court date—which is often the most important one in terms of setting the tone for the case.

The First Appearance: Arraignment

Your initial court date is typically called an arraignment. This is not a trial—it’s a formal hearing where the judge advises you of:

  • The charges against you

  • Your constitutional rights

  • The potential penalties

  • Your right to an attorney

The judge will also ask how you want to plead: guilty, not guilty, or no contest.

In most cases, we advise clients to plead not guilty at this stage so we can begin building a defense, request evidence, and explore legal strategies before making any decisions about plea deals or going to trial.

Should You Bring a Lawyer?

Absolutely. Even though the first appearance may seem routine, important things happen that could affect your entire case. If you don’t have a lawyer:

  • You may not fully understand the charges or penalties

  • You could unknowingly waive key rights

  • You risk making statements that can be used against you later

When we represent clients at arraignment, we often use this opportunity to:

  • Begin negotiating with prosecutors

  • Request the police report, breath/blood test results, and dashcam footage

  • Push for dismissal or reduction of charges where appropriate

What If You Miss Court?

Failing to appear—even for a misdemeanor DWI—can lead to:

  • A bench warrant for your arrest

  • Bond forfeiture

  • Additional criminal charges

  • Driver’s license suspension

If you’ve missed a court date, contact us immediately. In many cases, we can file a motion to withdraw the warrant and get you back on the court’s calendar without being arrested.

What Will the Judge Ask?

You’ll be asked to confirm:

  • Your name and current address

  • Whether you understand the charge

  • Whether you plan to hire an attorney or request court-appointed counsel

If we’re already representing you, we’ll speak on your behalf. You’ll rarely need to speak unless addressed directly.

Will the Prosecutor Offer a Plea Deal?

Sometimes prosecutors offer a plea deal at the first court appearance—but don’t be pressured. Accepting a deal without reviewing the evidence can lead to permanent consequences, including:

  • A criminal record

  • License suspension

  • Fines and probation

  • Ignition interlock requirements

Our job is to protect your record and minimize damage. We’ll review the offer and only advise you to accept it if it’s truly in your best interest.

Dress and Behavior in Court

First impressions matter. We recommend:

  • Wearing business casual attire (no shorts, tank tops, or flip-flops)

  • Arriving 15–30 minutes early

  • Turning off your phone

  • Addressing the judge as “Your Honor”

Be respectful. Anything you say or do in court becomes part of the public record.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

Your first DWI court appearance is one of the most important steps in your defense—and you don’t have to go through it alone. Let us stand beside you, speak for you, and protect your rights from day one.

A Texas DWI conviction can have a lasting impact on many aspects of your life, but understanding the process and knowing how to respond can make a major difference. The Law Office of Alex Tyra, P.C. is here to provide experienced representation in Longview, Tyler, and across East Texas.

Call (903) 753-7499 today to schedule your free consultation.

Can a Passenger Be Charged in a Texas DWI Case?

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Most people assume that only the driver faces legal consequences during a DWI stop in Texas. But passengers are not always in the clear. While they can’t be charged with driving while intoxicated if they weren’t behind the wheel, certain actions or circumstances can expose passengers to serious legal charges as well.

At The Law Office of Alex Tyra, P.C., we’ve defended both drivers and passengers in DWI-related stops across East Texas. Here’s what every passenger should know.

Can You Be Charged With DWI as a Passenger?

If you were not driving, you cannot be charged with DWI in Texas. Under Texas Penal Code § 49.04, the state must prove the accused was “operating a motor vehicle in a public place while intoxicated.” That means no operation = no DWI.

However, you can be charged with other crimes during the same stop, depending on your behavior and the circumstances.

Common Charges Against Passengers During a DWI Stop

1. Public Intoxication – Texas Penal Code § 49.02

If you’re drunk in the vehicle and the officer believes you’re a danger to yourself or others, you could be arrested for public intoxication—even if you’re just sitting in the passenger seat.

This is a Class C misdemeanor, but it still results in an arrest, a criminal record, and possibly jail time if you’re disorderly.

2. Possession of an Open Container – Texas Penal Code § 49.031

If there’s an open container of alcohol in the car, every person in the vehicle can be cited. That includes unopened drinks that have been partially consumed or any container with broken seals.

3. Drug Possession or Paraphernalia

If the officer finds illegal substances or paraphernalia in the vehicle, passengers can be charged with constructive possession, especially if the item is within their reach and they don’t deny ownership.

In these cases, the police may arrest all passengers and let the courts sort out who the item belonged to.

4. Disorderly Conduct or Interfering with Police

If you argue with police, film aggressively, or interfere with the driver’s field sobriety tests, you could face charges for obstruction, failure to obey a lawful order, or disorderly conduct.

These are usually misdemeanors—but they can escalate if the situation gets out of hand.

What If You Switch Seats?

If the officer can’t tell who was driving and suspects the passenger switched seats to avoid a DWI charge, you may be treated as the driver. Police will look at:

  • Warmth of the hood

  • Seat position and seatbelt use

  • Witness statements

  • Surveillance footage or officer dashcam

If they believe you were driving, even briefly, you can be charged with DWI—even if you were in the passenger seat when they arrived.

What to Do if You’re a Passenger in a DWI Stop

  • Stay calm and quiet: You are not legally required to speak beyond identifying yourself.

  • Avoid admitting anything: Don’t claim ownership of alcohol or drugs in the vehicle.

  • Do not interfere: Even if you think the driver is being mistreated, avoid physical or verbal escalation.

  • Contact an attorney immediately if you’re arrested or cited.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI stop can lead to criminal charges for passengers too—especially if there’s alcohol, drugs, or tension with law enforcement. At The Law Office of Alex Tyra, P.C., we’ve helped passengers get charges dismissed and records sealed. Whether you’re facing a public intoxication citation or a more serious charge tied to a DWI stop, we’re ready to defend your rights.

Call (903) 753-7499 today for a free consultation and protect your record and your future.