DWI - The Law Firm of Andrea M. Kolski

Challenging a DWI Arrest: Understanding the Legal Alcohol Limit in Texas

The Law Firm of Andrea M. Kolski — Wed, 31 Jan 2024 13:29:41 GMT

Exceeding the legal alcohol limit in Texas results in criminal DWI charges with a lifetime impact on your driving ability, auto insurance rates, and employment.

Learn about the penalties, the impact of DWI charges, and how to present the best possible legal defense.

The Legal Alcohol Limit in Texas

No driver may have a blood-alcohol content (BAC) exceeding 0.08. If an average 180 lb. man consumes three beers in one hour, his BAC will be about 0.06.

The impact of alcohol varies depending on age, gender, food consumption, and alcohol tolerance level. People who rarely drink are more likely to become impaired with less alcohol.

If you feel drunk, you are beyond the legal limit. At a BAC of 0.07 to 0.09, the impact on the body includes visual impairment, reduction in self-control, and risky behavior.

Individuals under the influence of alcohol generally believe they are functioning normally when visually impaired.

Boating and Flying Intoxicated

You can receive a DWI in Texas if you are boating or flying an aircraft while intoxicated. This misdemeanor charge can increase to a felony if a child under 15 is in the vessel. If an accident results in severe injury or fatality, the charge is a felony.

FAA regulations mandate pilots not to operate aircraft within eight hours of alcohol consumption and a BAC below 0.04.

Refusing to Submit to Testing

When law enforcement believes you exceed the legal BAC in Texas, they will request permission to conduct a field sobriety test. The rules for this are under the Texas Transportation Code.

Operating an automobile or watercraft under the influence gives implied consent to submit to breath tests or analysis of your blood alcohol concentration. You can refuse testing, which results in an automatic driver’s license suspension for at least 180 days.

Tests showing a BAC of 0.08 or higher result in automatic license suspension of at least 90 days. Anyone under 21 showing any alcohol will receive a minimum 60-day suspension.

Peace officers certified to perform breath analysis may administer the test. A physician, qualified medical personnel, or emergency medical technician must take blood specimens in a sanitary location.

Texas DWI Penalties

Most DWI cases are misdemeanors; more than one conviction increases penalties. A first offense has a fine of up to $2,000, jail for up to 180 days, 90 days to one-year license suspension, plus court fees and penalties.

A second conviction will increase the penalties. A third conviction can result in fines of up to $10,000, incarceration of up to ten years, and a driver’s license suspension of up to three years. If you are pulled over for DWI and have already had three misdemeanor convictions, you may be charged with a felony.

Texas DWI law changed in September 2023 with HB-393. A person with a conviction of intoxication manslaughter will pay restitution to the children of a parent or guardian killed in a crash. This obligation continues until the child is 18 or graduates from high school, whichever is later.

Lifetime Impact of a DWI

Your DWI conviction is not a here-today-gone-tomorrow mistake. The inability to drive, fines, and jail time may result in loss of employment and housing. It can impact relationships, including your child custody and visitation rights.

Probation may require random alcohol and drug testing. A BAC of 0.02 or higher will cause additional restrictions and possible jail time.

Background Checks

Anyone running background checks will see your DWI conviction. This may cause disqualification for specific jobs.

Students with a DWI conviction may receive denials from colleges. They view the potential student as a risk and negative influence on peers.

Reputation

Bad news spreads fast. Friends, family members, and acquaintances may view you negatively. They may be unwilling to do business with you or not want you to participate in activities at their children’s school.

Lifetime Record

The criminal conviction remains on your record forever. DWI does not qualify for expungement in Texas. Removal is only possible following a complete dismissal or a not-guilty verdict at trial.

Employment

The DWI will prevent employment opportunities, including teaching, law enforcement, and some government positions. Safety and insurance costs make you non-employable for commercial driving. Serious consequences may result from a person working in healthcare, real estate, insurance, or active military becoming intoxicated.

Auto Insurance

Having a DWI conviction will impact your ability to get car insurance. Insurance companies label DWI drivers as high-risk, and some drop coverage entirely.

Texas law requires an SR-22 proof of auto liability insurance for at least two years after a DWI conviction. You must pay the Texas Department of Public Safety additional fees for three years. High-risk SR-22 policy requirements mandate at least:

$30,000 for bodily injury or death of one person in an accident
$60,000 for bodily injury or death of multiple people in an accident
$25,000 for damage to other property in an accident

You need an SR-22 form to reinstate your driver’s license and must repeat the process the following year.

Gun Ownership

Owning firearms is prohibited under federal law for anyone with a felony conviction. A DWI conviction can eliminate owning or purchasing guns. Denial of gun ownership applies if you have a felony DWI while operating a watercraft or aircraft.

You must transfer firearms you own to another party or turn them over to the police. Weapons found in your possession may result in a revocation of probation and an additional charge of unlawful firearms possession.

Benefits of a DWI Defense Lawyer

In Texas, the DA has two years from the incident date to file criminal charges against you. If they do not meet that timeline, the case is time-barred, and they cannot arrest you for DWI. I wouldn’t count on getting this lucky.

The best way to avoid high insurance premiums, reduce additional fees, and maintain driving privileges is by hiring a DWI attorney. Your DWI attorney will review discovery for any mistakes by the police or prosecutors.

Even under dire circumstances, DWI lawyers know Texas law and how to present evidence in court. They will negotiate a plea or defend you at trial for the best possible outcome.

The Best DWI Defense

When you exceed the legal alcohol limit in Texas, hire an attorney who knows Texas drunk driving laws. Non-Stop Justice has over 20 years of experience fighting DWI charges. Don’t stagger through a drunk driving case alone; call Non-Stop Justice at 832-381-3430 to book a consultation.

Understanding DWI Laws in Texas

The Law Firm of Andrea M. Kolski — Mon, 11 Oct 2021 20:41:00 GMT

DWI Laws in Texas

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.