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.

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.

Like many states, Texas has very strict laws when it comes to DWI, or Driving While Intoxicated, and the penalties can be devastating. If you are arrested for DWI, it’s not the time to take the law into your own hands. Your best bet will be retaining a skilled, experienced defense lawyer who specializes in DWI. Still, it helps to have a thorough understanding of what DWI means in Texas and what penalties you might face. An experienced Texas DWI lawyer will provide specific advice that pertains to your case, but here is a general overview of DWI in Texas.

Texas Definition of DWI

Driving drunk or under the influence of drugs is illegal in every state, but each state’s specific laws are slightly different. In Texas, the term “intoxicated” has two different meanings:

• BAC (blood alcohol content) of .08 percent or higher
• Impaired mental or physical faculties due to the consumption of alcohol and/or drugs, even if your BAC is under the legal limit

For drivers under the legal alcohol consumption age of 21, any detectable amount of alcohol in the blood is prohibited, while commercial drivers aged 21 and over are limited to a BAC below .04 percent.

Intoxication Evidence

It’s important to know that while your blood, breath, or urine can and most likely will be checked for the presence of alcohol, you may be charged with DWI based on other evidence of intoxication even if you are below the legal limit. This is typically based on the arresting officer’s observations, such as the smell or physical presence of alcohol, your appearance and behavior, and your performance on one or more field sobriety tests.

DWI Penalties

Texas has escalating penalties for multiple DWIs, and judges have a fair amount of leeway within the sentencing guidelines. In general, your first DWI will be considered a Class B misdemeanor with jail time of 3 to 180 days, a fine of up to $2,000, and a license suspension of 90 to 365 days.

Penalties go up drastically for a second DWI, and by your third DWI, you are looking at potentially being charged with a felony and facing 10 years behind bars. Subsequent DWIs carry even harsher punishments, potentially 25 years to life if you are convicted again after serving two DWI jail terms.

Other factors can also increase DWI penalties, such as the presence of a child in your vehicle, a very high BAC (.15 or above), an open container, or any injury or death that you cause while intoxicated.

Drivers under the age of 21 are prohibited from having any detectable alcohol in their system. A first offense typically carries probation, fines, license suspension, community service, alcohol education, and other penalties, but generally no jail time. However, if the same minor is convicted again, penalties quickly escalate, and the second or subsequent DWI for a minor will very likely carry a jail sentence.

Refusing Chemical Testing

Texas law holds that by operating a motor vehicle, you have given implied consent to chemical testing for alcohol or drugs. Therefore, your license will be automatically suspended 40 days after your refusal, for a period of 90 days to two years, unless you request an administrative hearing within 15 days of your refusal.

DWI Education and Intervention Programs

First-time DWI offenders may be placed on probation in lieu of or in addition to jail time, and must attend a 12-hour DWI education program. The course must be completed with 180 days of the time probation starts, or your license will be revoked.

Repeat DWI offenders are likely to be placed in a 32-hour DWI intervention program along with their penalties. This is a more in-depth program designed to encourage repeat offenders to seek treatment for their alcohol or drug issues. You must complete the program, or your license will be revoked.

Those who are under 21 and are convicted of DWI are normally ordered to complete either an alcohol education program for minors or community service. Whichever is ordered, it must be completed within 90 days to avoid a six-month license suspension.

In addition, the judge may order you to install an ignition interlock device on your car. In this case, you will also have a restriction placed on your license that authorizes you to drive only vehicles with this type of device.

Texas DWI laws are complicated, and tend to side with the arresting officer. Because a DWI charge carries harsh consequences, it is vital to hire a DWI attorney immediately after your arrest. Your attorney can help you request appropriate hearings, communicate with court officials, negotiate a plea deal, and in some cases, even have the charges reduced or dropped. With so much at stake, choose an experienced lawyer with a proven track record of success.

Montgomery Texas Defense Attorney Andrea M. Kolski is past President of the Montgomery County Criminal Defense Lawyer’s Association and has been defending the accused for over 20 years in Texas courts. If you or a loved one are in trouble with the law, you want the best, most aggressive attorney fighting on your behalf. Andrea Kolski’s record of success is second to none and is highly respected among her peers. For more information or to schedule a consultation, contact our office or call us at 832-381-3430.

Texas is especially tough on DWIs and a DWI in Texas carries stiff penalties. There is very little sympathy for offenders who make the mistake of driving while intoxicated. Elected officials and community leaders feel the strict laws are justified. Many cite the high number of alcohol-related cases that hurt or kill Texans every 20 minutes, notes The Right Step.

DWI charges include months-long jail sentences, high fines, and invasive monitoring.

You’ve probably asked: Are there any DWI attorneys near me? Of course, there are thousands of DWI attorneys in Texas. But, hiring the right one can make all the difference in your outcome.

Hiring a good DWI attorney is critical because they can immediately get to work to get the charges reduced or dismissed. Like it or not, hiring the wrong attorney or representing yourself could cost you more in the long run.

This article will explore DWI penalties in greater detail. Let’s explore.

DWI Definition In Texas

Within the confines of Texas law, a DWI involves the operation of a motor vehicle while intoxicated by a mind-altering substance. The offender could be under the influence of drugs or alcohol. When it comes to alcohol, you’ll face a DWI charge if your BAC level is over 0.08%.

For drugs, perpetrators may have consumed illegal drugs that impaired their ability to operate a motor vehicle safely. Prescription drugs that impair the ability to drive are also considered intoxicants.

First Time DWI Offenses

In Texas, a DWI qualifies as a class B misdemeanor. This type of sentence can generally carry up to 180 days in jail and a $2,000 fine.

When it comes to DWIs, a first-time offense typically comes with a sentence of between 12 hours to six months in jail. If you have a BAC of 0.15% or more, you can get up to 12 months in jail. A first-time conviction can carry other long-term consequences, such as:

• A license suspension ranging from 3 to 12 months
• Fines running up to $2,000 ($4,000 if your BAC is more than 0.15%)
• An interlock device installed in your vehicle

An interlock device forces you to take a breathalyzer test before operating a vehicle. You must use the device for a predetermined period dictated by the court.

You may be able to avoid a license suspension if you install this device in your car. On the other hand, you must pay for the device, which can cost between $70 to $150 in Texas. Then, you must pay a subscription fee that costs between $60 to $80 monthly.

Repeat Offenses

For your second offense, expect jail time between 90 to 12 months, with a minimum $4,000 fine. License suspensions will be even longer, lasting anywhere from 180 days to two years.

If you have a previous conviction within the past five years, you must have an ignition device installed in your car for a year. The same stiff penalty will apply to a third-time offense.

For jail time, a third-time offense typically carries sentences of 2 to 10 years. The fine will also be $10,000. License suspensions can stretch from 180 days to two years.

The Cost of a DWI on Your Record

Consider the following lifetime consequences of a DWI:

• An employer could let you go, or you could be denied certain job opportunities
• Your housing options may be limited
• A lender can reject your loan application
• A learning institution can deny you admission

First-time offenders aren’t exempt from these consequences either. Additionally, DWI offenders may fall back into the system for worse crimes.

Since a DWI record can keep offenders in dire circumstances, many commit more serious crimes out of desperation. You can have the record removed, but an expungement comes with its own set of costs.

The Cost of Expungement

For a misdemeanor, the cost of expungement in Texas is up to $1,000. However, expungement can cost you time as well. After you file, expect a hearing in about a month. After, you must appear before the court to plead your case. Overall, it can take six months for the court to reach a verdict.

That said, there are limited circumstances in which expungement is applicable:

• You were a minor who was convicted of a DWI
• Your DWI charges were dismissed
• Police filed DWI charges against you, but the arrest remains on your record
• You beat the DWI charge
• You have a first-time DWI conviction

Recently, Texas has granted expungement hearings to first-time offenders. Regardless of your record, seek a DWI attorney who has experience with expungements for further assistance. They can help you present your case in the best possible light at the expungement hearing.

Sealing a DWI

If you don’t qualify for expungement, sealing the record of your DWI another option. Whereas an expungement eliminates the record, a seal would conceal it. However, various standards apply.

For example, this must be your first DWI offense. Also, your BAC cannot be over 0.15%. Moreover, you cannot have another conviction.

Even if you qualify, you won’t get an immediate hearing. The waiting list for sealed cases can take years, depending on the nature of your case. However, an experienced DWI lawyer may be able to work with the court to get a hearing much sooner. A minimum five-year waiting period will apply if your case involved an interlock requirement.

Avoiding a DWI Is Key

The best way to avoid DWI consequences is to drive free of alcohol and drugs. The fines include court fines, license reinstatement fines, and expungement fines. Above all, a DWI can cost lives, which carries harsher sentences if you take a life while intoxicated.

If you’re asking, “Are there any DWI lawyers near me?” Yes there are and we’re ready to help. Click here to talk to a Texas DWI lawyer about your situation.