Facing A DWI Charge In Texas: What You Need To Know

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DWI In Texas

DWI Charges In Texas

Driving while under the influence of drugs or alcohol is a serious offense with serious consequences. If you are charged with driving while intoxicated (DWI), it is important for you to understand what you may face so you can protect your rights. The criminal justice system is difficult to navigate but when you know what you are up against, you will be more prepared to protect yourself.

What Is A DWI?

In the State of Texas you can be charged with a DWI under two circumstances:

  • You have a blood alcohol content of .08 or higher, or
  • The presence of alcohol or drugs in your system has caused you to no long have normal function over your car.

The only exceptions are if you are under the age of 21, at which point you may not have any alcohol in your system or if you drive a commercial vehicle you may only register a blood alcohol content of .04.

In the State of Texas you can be charged with a DWI under two circumstances: You have a blood alcohol content of .08 or higher, or the presence of alcohol or drugs in your system has caused you to no long have normal function over your car.

What Happens If I Am Stopped On Suspicion Of DWI?

If a police officer pulls you over for suspicion of DWI in Texas, you may be subject to a number of tests to determine if you are intoxicated. To determine your blood alcohol content (BAC) the officer may test your breath, blood, or your urine. Refusing to submit to a test of this nature can lead to automatic suspension of your license. The officer may also perform a number of field sobriety tests to determine if you are intoxicated or not. The officer will be looking for probable cause to arrest you for driving white intoxicated.

Punishment For A DWI In Texas

If you are found guilty of driving while intoxicated the punishments can vary depending on the severity of your actions. Punishment includes jail time, fines, and licenses suspension. For your first offense you will face a minimum of 3 days in jail and a suspended license of 90 days with the maximums being 180 days in jail and a 1 year suspension of your license.

This punishment increases if you have a BAC over .15. Punishment for this offense will range from 3 days to 1 year in jail. For these offenses you can be fined up to $4,000 depending on your measured BAC. If you are caught with an open container of alcohol in your car at the time of your arrest your minimum jail time is raised to 6 days.

DWI In Texas

For each subsequent conviction, your punishment increases.

If you are convicted of a 3rd DWI, you will face a felony charge. This conviction means you will face 2 to 10 years in the Texas Department of Criminal Justice with a suspended license of 180 days to 2 years and a fine up to $10,000. Each conviction after that will again increase your punishment up to 25 years to life if you are convicted of a 3rd offense and have already served time in state prison.

Injuries As A Result Of A DWI

If you have seriously injured or killed someone while driving under the influence you automatically face higher penalties, even if it is only your first conviction. You will face a fine of up to $10,000, 2 to 10 years in the Texas Department of Criminal Justice, and 180 day to 2 years of a suspended license. If you injure someone you will be charged with Intoxication Assault, which is a 3rd degree felony and if your actions led to someone’s death, you will face Intoxication Manslaughter, a 2nd degree felony.

Other DWI Crimes & Penalties

There are two other DWI crimes. If you are a minor who has been convicted of a DWI you will face a number of other penalties. You will face fines and a suspended license, probation , community service, alcohol education, and other punishments. While you may not face jail time, any further DWI arrests under age will more than likely include jail.

Having a child passenger in your car at the time of your DWI also incurs harsher penalties. For this, you will face a felony charge of 6 months to 2 years in the state jail, have a suspended license of 90 days to 2 years, and be fined up to $10,000.

DWI In Texas

In addition to the above punishment you may also face other penalties. After your license has been suspended you may be forced to pay annual charge of $2,000 for three years to maintain your driver’s license. You may also have to install an ignition device which you must blow in order to prove you are not intoxicated before starting your car. Other punishments may include alcohol education and intervention programs.

You will also find some difficulty after your jail sentence regarding your suspended license. In order to drive again you will need to work through the DMV to reinstate you license. This could include more fees than the ones previously mentioned. You must also have specific car insurance (which comes at a higher rate) for a number of years after you renew your license.

Having a child passenger in your car at the time of your DWI also incurs harsher penalties. For this, you will face a felony charge of 6 months to 2 years in the state jail, have a suspended license of 90 days to 2 years, and be fined up to $10,000.

Hiring An Experienced Attorney If Charged With A DWI In Texas

Being charge with a DWI can lead to many consequences which can follow you through your life. It is important for you to hire an attorney who focuses on DWI cases to help protect you. An experienced DWI attorney may be able to lessen your conviction or even have the charges dropped altogether, but remember each case is unique. Your attorney will make sure none of your rights were violated throughout the process. For example, they will make sure all evidence was collected in a reasonable manner and that you were informed of your rights at the appropriate time. They will also makes sure your rights are protected throughout the entire court case.

If you have been charged with driving while intoxicated make sure the Houston law firm of Vinas & Graham, PLLC is who you choose to represent you, call us at (713) 229-9992 or contact us on our website. The criminal justice system can move fast and be complicated and our lawyers will investigate all aspects of your case to make sure you are treated fairly in the eyes of the law.

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