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.