Drivers are understandably stressed when they see the flashing blue lights in the rearview mirror. Being pulled over may be a common occurrence but it doesn’t mean it should be taken lightly. For most drivers, a minor offense is met with a simple fine and maybe a few points of a license. But, being pulled over for DWI in Texas is an entirely different animas with severe consequences. DWI penalties in Montgomery, Texas can be stiff and depending on the circumstances, can have a lifelong impact.

A DWI conviction can jeopardize your driving privileges and leave you with heavy fines, court costs, and possible jail time. This can affect your personal and professional life in any number of ways. Understanding the possible DWI penalties you could face in Montgomery county or throughout Texas is an important first step towards being a more responsible driver and protecting your rights.

All things being equal, first offense DWI penalties are usually less severe than someone who is charged with multiple DWIs. Still, the penalties for a first time DWI conviction can still be steep.

In Texas, first offense penalties for a DWI with less than a 0.15 blood alcohol concentration (BAC) includes possible fines of around $2,000 and or a jail sentence of anywhere between three and 180 days, plus a license suspension of 90 to 180 days (Class B Misdemeanor).

If the BAC is greater than 0.15, then there’s a chance of a fine increase of $4,000, and jail for up to a year (Class A misdemeanor). If you are a first-time offender with a BAC of 0.08 to .14, then you could apply for a “non-disclosure” two years after your probation ends.

The court may order you to install in ignition interlock device to your car, that must stay on for six months. This device prevents drivers from taking the wheel if any alcohol is detected on their breath. Most drivers will also be responsible for the costs of renting and/or maintaining the interlock device.

Under Texas law, if you are convicted on a first time DWI offense, you can get fined up to $2,000, spend three days to six months in jail, and or perform 24 to 100 hour of community service.

The Administrative License Revocation (ALR) Program could also suspend your license for 90 days to a year. If you can’t go without a license for that long, due to work or other reasons, you want to consider hiring an experienced DWI lawyer to advocate on your behalf.

Second Offense DWI Penalties

Second offense penalties for DWI are more severe than first offense. A second offense will typically mean a fine of up to $4,000 and possible jail time for 30 days to a year. It is also likely that your driver’s license will get suspended from 180 days to 2 years (Class A Misdemeanor).

As a second-time offender, you face similar penalties as first-time offenders, but with enhanced and more severe conditions. Second-time offenders are almost always required to install an ignition interlock device on cars, which prevents driving unless there is a breathalyzer test. Once again, you will pay for the maintenance of this device on your car. These costs are above and beyond the fines and penalties for the offense.

Second-time offenders can also get assigned 80 to 200 hours of community service. The ALR program tends to suspend a second-time offender’s driver’s license for anywhere from 180 days to two years.

Third DWI Offense Penalties

A third DWI offense can be devastating. In Texas, a third-time DWI offense also consists of an aggravated DWI charge. This means that the charges from your misdemeanor are raised to a felony. If you have an aggravated DWI, you can face up to $10,000 in fines, two to ten years in a state penitentiary, 160 to 600 hours of community service, 180 days to two years of a suspended license (third-degree felony), and the installation of an interlock device on your car. These are in addition to the costs of missing work, possible bail costs, transportation costs to and from court appearances, and on and on.

Jail time for third DWI offenders is elevated to state prison rather than a county jail. This means a third DWI offender is housed with some of the most hard-core prisoners of the Texas penal system. These are often terrifying places for most people.

But the fun doesn’t stop there for a DWI third conviction. If you have a felony conviction for third DWI, you are also disqualified from voting and owning a firearm in the future. Even with the new gun laws recently passed in Texas, felons are still forbidden from owning or possessing a firearm.

Additional circumstances that Increase penalties in Texas

Be aware that there are additional penalties that can make your DWI offenses worse. Things like a record of alcohol problems, driving with an open container, and an accident where someone was injured or killed.

These conditions when added to a sentence are meant to address the offenders issues a restorative way. If it’s a case of intoxication assault or manslaughter, then these penalties are meant to increase fines, jail time, and community service.

An Open Alcohol Container

If you are pulled over with an open alcohol container, then your minimum jail time penalty can increase to six days.

Intoxication Assault

This is when an accident happened with serious bodily injuries because of intoxication. When convicted, the DWI penalties will be more severe. You can get sentenced to a minimum of two years, and up to a maximum of ten years in prison.

If you get a probated sentence, then you will serve a 30-day minimum jail sentence. You can also get fined up to $10,000 which is a third-degree felony if the car was driven in a way that made it a deadly weapon.

If this happens, then there is an additional penalty that prevents good time credit, which allows an early release once half the sentence is completed, from happening.

Intoxication Manslaughter

This is a DWI where the death happened in an accident due to intoxicated driving. When convicted you would have to pay a minimum fine of $10,000 and or jail time for two to twenty years as this is a second-degree felony.

In cases where probation is granted, you must serve a 120-day jail sentence. If the car was driven in a way that makes it a deadly weapon, then there is an additional penalty that prevents good time credit for an early release.

DWI With A Child Passenger

This is a case where a person has DWI and there is another person in the car who is under the age of 15. You can get punished by confinement in the state jail for no more than two years or less than 180 days, and a fine of $10,000 or a state jail felony.

Other conditions that can be added due to additional felonies include more fines, more jail time, alcohol interventions and treatment, ignition interlock devices, DWI education, restitution payments, and longer license suspension.

Get Experienced Texas DWI Legal help

The best way to avoid the consequences of a DWI is to avoid driving under the influence in the first place. If it’s too late for that, your next best choice is to hire an experienced DWI lawyer who can work to lessen the consequences for your case. Montgomery DWI Lawyer Andrea M. Kolski has successfully defended hundreds of DWI cases with a track record of dismissals second to none. While there are no guarantees for any case, discussing your DWI case with a top Montgomery DWI lawyer can help you understand your options. With the right legal help, you could have your DWI charges reduced or even dismissed. If you or a loved one need help with a DWI charge, contact our office for a confidential review of your situation.

**NOTE: This website is for informational purposes only. Any information on this site should not be taken as legal advice or create an attorney-client relationship. Every legal situation is unique and we strongly advise anyone in need of legal help to discuss your situation with a licensed attorney.

Alcohol is big business in the US. It’s advertised heavily during sports events, endorsed by celebrities, and sold at virtually every non-fast food restaurant throughout the country. Texas is no exception in the big business of alcohol sales and distribution. Texas also fills its revenue on the other side of the alcohol business with thousands of DWI arrests and convictions every year. With some of the highest conviction rates in the US, Texas courts can be especially brutal for those charged with a DWI.

A DWI in Texas is not only big business for the state, it’s also serious business for anyone facing a first DWI charge. A first DWI in Texas is a class B misdemeanor. If you receive a conviction, it could cost you thousands in fines and up to six months in county jail. Beyond the fines and jail time, there are other, longer lasting costs as well. These include missing work, having a DWI on your record for all to see, and the potential denial of employment, especially side gigs like rideshare driving or delivery.

If you or a loved one were pulled over for driving under the influence in Texas, it’s important to know your rights. Read this guide to a DWI 1st offense and what ways to minimize the DWI impact on your life.

What are the Penalties for a First DWI in Texas?

Texas DWI penalties are intended to deter driving under the influence. While the connection between harsher punishments and safer roads is debatable, the consequences for a DWI offender are unquestionably serious. In Texas, a first-time DWI offender is very likely to face administrative penalties even before they go to court. If they go to court and receive a first DWI conviction, they are likely to face significant criminal penalties.

First Penalty: The Seizure of Your License

Texas has very little in the way of public transportation. Even the largest cities like Houston, Dallas, or Austin have few public transportation options available to get around town. Therefore, Texans are usually dependent upon driving a vehicle to work or any other activity. So, having a valid drivers license in Texas is critical to daily life and losing a drivers license due to a DWI can be devastating.

When pulled over, if a driver fails a chemical test or refuses to take one, then Texas law allows the officer to take your license. The driver will then receive a “Notice of Suspension” from the officer. The notice enables you to drive because it is functionally a temporary driving permit.

A driver may be innocent but they will have to prove that in court or through specific procedures outlined by the county. That can takes weeks or months and most of us don’t have that kind of time to go without a license or settle for a temporary one. Can you appeal the license suspension? Yes, if you choose. In certain circumstances, it’s possible to continue driving on your temporary permit until you attend the hearing and the board makes a final decision.

However, if you fail to properly contest the decision, your license is automatically suspended for 90 to 180 days. The 90 days begins on day 41 after your arrest.

It’s unlikely to lose all your driving privileges for a first time DWI, but there are no guarantees. First-time offenders have the option to apply for an “occupational license.” It allows you to continue to drive to work, school, and places like the pharmacy, doctor, and grocery store. An experienced Texas DWI lawyer can help navigate this process so that you can avoid missing work or other activities.

In many cases, a DWI lawyer can acquire an occupational license if you agree to an ignition interlock device (on every vehicle in your name), and you’re able to provide evidence of responsibility (job, class attendance, etc.).

Second Penalty: The Criminal Penalties

Texas DWI first convictions are generally classified as a class B misdemeanor. There are exception such as a blood alcohol content of .15 percent – the legal limit is 0.08 percent. In those cases, the DWI will often be moved up to a class A misdemeanor.

Upon conviction, you can receive either a fine or a jail sentence – or both. The maximum penalties are $3,000 (for class B) and $6,000 (for class A). A jail sentence may range from 72 hours to six months (one year for class A).

The fine and jail sentences are standard, but there’s more – even for a first conviction.

If convicted of a DWI in Texas, the court may also require the following:

• Probation
• Community service
• DWI education
• Further license suspensions (90 days to one year)

If you get your license back, you will also pay an annual surcharge on your license for three years. The typical penalty surcharge is between $1,000 and $2,000.

Further Penalties: Injuries, Children in the Car, Etc.

The penalties listed above only cover the DWI itself. However, if other circumstances are present, there may be additional penalties adding to the severity of the DWI charge.

For example, if you are caught driving under the influence with a minor in the car, then you face increased penalties. Driving with someone under 15 in the vehicle is a felony and your fine can grow to $10,000. It’s also punishable with up to two years in jail.

If you get in an accident and someone dies, then you can be charged with Intoxication Manslaughter, which is a second-degree felony.

What About Implied Consent?

There’s alot of confusion about a drivers rights and Texas law enforcement “no-refusal” tactics. The first time you get pulled over, you might wonder whether it’s worth it to take the field sobriety test. Texas uses the implied consent policy that was designed to punish those who refuse to take a chemical test. However, some courts around the state have been inconsistent in how they apply the policy so it’s unclear exactly what to expect. A driver in Texas has the right to refuse chemical or field sobriety tests but they will face a license suspension for doing so.

COMON Defenses for First Time DWIs

Every situation is different and the there is no one-size-fits-all when it comes to defending against DWI charges. The best defense is to never drive while intoxicated. However, if it happens, there are some legal arguments an experienced DWI lawyer may use if you’ve been pulled over while intoxicated. This doesn’t mean they will work every time or that there’s any way to predict the success of these strategies, this is strictly an overview of some typical defenses used by DWI lawyers. There is no way to guarantee results for any legal issue so it’s best to discuss your situation with an experienced DWI lawyer.

If a driver has agreed to a breathalyzer or field test and the results show the driver was over the legal limit, all is not lost. Here are some strategies used by DWI attorneys when defending their clients. Some defenses include:

• Drove drunk out of necessity
• Drove drunk because you had no choice to
• Drove drunk because an officer told you to
• Drove drunk without realizing you were drunk
• Drove drunk without consenting to drink

An experienced DWI lawyer can carefully review the circumstances around the arrest and identify technicalities that could lessen the charges or get the case dismissed altogether.

Some common technicalities include:

• Improper and unlawful traffic stops
• Inaccurate field sobriety tests (including breathalyzers)
• Chain of custody on blood tests

You can refuse a chemical/blood test if the stop was illegal. However, the punishments associated with the refusal still apply and implied refusal enforcement is vague. You will need to beat the DWI charges on the grounds of an unlawful stop and then beat the chemical test refusal charges.

If You Got a DWI, DON’T GIVE UP!

A Texas DWI may seem like a no-win situation but an experienced Texas DWI lawyer could turn the tables in your favor. In fact, lesser charges or complete dismissals are possible with an experienced Texas DWI attorney by your side. Texas DWI attorney Andrea M. Kolski has successfully defended and won countless dismissals and lessened charges for DWI clients.

DWIs are among the most common crimes in Texas, and sometimes drivers don’t take them as seriously until it’s too late. However, treating them as ‘something that happens’ is a mistake because a DWI is a crime and the consequences can be severe.

A DWI starts as a class B misdemeanor. But if you blew a 0.15 or higher, got in an accident, or drove with a minor in the car, it quickly becomes more serious. Even if you didn’t engage in a more serious crime, the first time DWI penalties can get in the way of your ability to go to school, apply for a new job, or keep a job, which can have real consequences for your life.

Are you or a loved on facing a DWI? Click here to get in touch with a criminal defense attorney to help you stay in control of what happens next.

A DWI isn’t just a mark on your record. It can also accrue a great deal of expenses. Learn about the unexpected costs of a DWI here.

The consequences of driving while intoxicated can be severe. Sadly, every 8.5 hours, someone in Texas dies in an alcohol-related traffic crash. To protect drivers and keep our roads safe, Texas law enforcement targets drivers who may be at risk behind the wheel.

It’s not unusual for drivers to assume they are ok to drive after a few drinks. This assumption can spell disaster if the driver is over the legal limit. It’s possible to get a DWI charge even if you feel entirely coherent and can drive safely. If you find yourself in this situation, you’ll be dealing with more than a blemish on your driving record. DWI charges in Texas can have severe, lifelong costs that you need to know about.

Let’s dive in.

Ignition Locks

In some cases, you may be required to use a court-mandated interlock device on your vehicle. This device measures your blood alcohol content (BAC) and only unlocks if you are under the legal limit.

In this scenario, you will need to purchase this device on your own. Otherwise, you cannot legally drive. It’s worth noting that having someone help you unlock the interlock device is a crime that can result in punishment for both parties.

Keep this in mind when moving forward.

Social Stigma

There’s something to be said about the social stigma that comes with a DWI conviction. This is true even if your case did involve property damage, injury, etc.

When most people hear about a DWI case, they assume that the person in question was driving well above the speed limit, swerving all over the road, and putting everyone else around them in danger. Many people also aren’t willing to learn about the details of the case, such as how short the drive was, how little the driver had actually had to drink, etc. This social stigma could ruin relationships and make life more difficult overall.

So, there is a price to pay when it comes to quality of life.

Missing Work

Court appearances often require people to miss work. This could lead to a large number of complications regarding your employment.

If you’re an hourly employee, you won’t get paid for the time you spend in court. You may also not have enough paid time off, which could cause you to lose your job. If your employer learns why you need to visit court, they may question your judgment and pass you up for promotions in the future.

This could serve as a substantial roadblock in your career path that can be difficult to overcome.

Higher Insurance Premiums

Those with a DWI on their record will pay much more in insurance premiums. They might even find that their provider drops their coverage entirely.

This is simply due to the fact that insurance providers will view drivers with a DWI conviction as a substantial liability. Those who are willing to provide insurance options will often charge a high amount for minimum coverage. This could create a large number of complications later on, so it’s something you want to avoid at all costs.

Difficulty Finding a New Job

A DWI conviction doesn’t only affect your current job. It can also affect your ability to find a new job.

As you might assume, any position that requires operating a motor vehicle is likely out of the question. Employers might be apprehensive about hiring someone if a DWI comes up on a background check.

For example, let’s assume there are two candidates who are equally experienced and equally skilled. If one has a DWI conviction and the other doesn’t, most employers will likely choose the one who does not.

A situation like this could make it difficult to increase your income by switching jobs, relocating to a new city, etc.

DWI Legal Fees

During your case, you will need to budget for legal fees so that you can receive the appropriate legal representation. Depending on the complexity of your case, this could prove to be a substantial amount of money.

To clarify, let’s assume that your DWI case resulted in property damage to multiple vehicles. A situation like this is much different than one where a driver under the influence was pulled over for speeding.

This is also a guaranteed expense that you will incur. Not every case involves losing one’s job or purchasing an interlock device. All cases involve legal fees, however.

Finding the Right Attorney

To achieve the best outcome, you need to find an experienced DWI attorney.

This is the the best way to properly navigate a DWI case. When searching, be sure to take a look for DWI attorneys near me to insure they are local to the area. You also want to be sure to read reviews and other information both on and off their website to learn about the DWI attorneys reputation.

Make sure the DWI attorney you meet is the one that will handle your case from start to finish. Don’t let the firm bait-and-switch DWI attorneys on you in the middle of your case. You could risk having an inexperienced or less-skilled DWI lawyer represent you. Follow up with questions such as prior results in DWI cases, the estimated costs, and potential outcomes.

Look for someone who is communicative. Being unable to get in touch with them can make an already stressful situation even worse. So, keep an eye out for this attribute.

With a bit of research, you’ll be able to find a DWI lawyer who has everything required to help get your charges reduced or dismissed.

Take Action Today

If you’re dealing with a DWI case, time is of the essence. It’s crucial to get an experienced DWI attorney working on your case as soon as possible to set the stage for success. The best DWI attorneys will have the knowledge and resources necessary to help you navigate this process and get the best possible results.

Reach out to the office of Conroe DWI attorney Andrea M. Kolski today to discus your DWI case and how she can protect your rights, keep your costs in line, and garner the best possible result. With a track record of dismissals and victories second to none, Conroe DWI attorney Andrea M. Kolski is among the elite DWI attorneys in Texas. Call today and get on the right track toward a favorable outcome.