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.

If you’re lucky, your first DWI conviction in Texas may result in probation rather than jail time. This does not mean you’re out of the woods, though. Texas DWI probation requirements can be strict, and if you violate your probation, you are likely to end up in jail. Here is what you need to know:

Conditions of Probation

In Texas, probation is officially known as “community supervision.” Texas law sets some requirements on everyone who is sentenced to probation for DWI. Some requirements may be waived by the judge for good cause. Others are mandatory. In addition, judges have many conditions that they may choose to set. Therefore, each offender’s case may result in slightly different conditions of probation. The following are the most typical:

• Drug/alcohol dependence evaluation (typically 30 minutes to one hour)
• Three 4-hour DWI education classes (to be completed within 6 months, regardless of the length of probation)
• Fines and court costs (typically around $1,000)
• Community service (24 to 100 hours)
• M.A.D.D. Victim Impact Panel (one 3-hour session)
• No drinking or drug use
• Ignition interlock device installed in vehicle, with notation on driver’s license that only vehicles with this device installed may be driven
• Random drug testing
• No other offenses
• Monthly meetings with probation officer
• Remain gainfully employed and support all dependents
• Avoid injurious behavior and people of “immoral” character
• Submit to home and work inspections by probation officer
• Notify the court of any changes to home address or employer
• Receive permission before leaving the county

Probation Length, Violations, and Non-Reporting Status

In Texas, probation for a first DWI may last from 6 months to 2 years, depending on a wide range of factors. Any probation violation is taken very seriously and will likely result in jail time. Besides failing to report to your probation officer or leaving the county without permission, the most common probation violations have to do with the ignition interlock device in your car.

The ignition interlock device requires drivers to blow into it before starting the car. It will register the BAC, blood alcohol content, before starting the car. The results are recorded, so in addition to being unable to start your vehicle, blowing into it with alcohol in your system will likely get you an appearance before the judge and possibly a probation violation. However, in certain circumstances, a false positive may occur.

If you use a mouthwash with alcohol in it, for example, your breath will retain some of that alcohol even if you do not swallow a drop. Therefore, those with ignition interlock devices are usually required to complete another test 15 minutes later. If you had a false positive due to residual mouth alcohol, it will be gone, and your alcohol reading will drop to zero. If you were actually drinking, the alcohol will not yet be out of your system and you will still test positive.

It is very important to complete the mandatory 15-minute retest to avoid getting in trouble for a false positive. This is one of the easiest ways to accidentally violate your probation, so take it seriously.

If you are accused of violating your DWI probation, call your attorney right away. The sooner we step in, the more options we have available to help you.

Note that in Texas, judges do not have the legal authority to end DWI probation early. In some counties, though, you may be eligible to go on non-reporting status and have the ignition interlock device removed from your vehicle once you complete all the terms of your probation. Discuss this possibility with your attorney if you feel it may apply to you.

With 6 years of experience as a Harris County prosecutor and 11 years of experience representing clients in a variety of family, domestic, and criminal cases, past president of the Montgomery County Bar Association, Andrea Kolski, has the background you need to win your case. For more information or to schedule a consultation, callNonstop Justice today at 832-381-3430.