Have you been charged with DWI in Texas? You are now facing an Administrative / Civil case from the DPS, as well as a criminal case prosecuted by the State of Texas. Call a lawyer NOW.
Highlights
Plano DUI Attorney
Driving While Intoxicated (DWI) offenses in Texas are taken extremely seriously by the state. In order to protect the public, harsher punishments have been enacted for DWI offenders.
Texas DWI Limit
In Texas, it is illegal to drive a motor vehicle if your blood alcohol content (BAC) is 0.08 or more, or if you are impaired by drugs and/or alcohol. This law applies regardless of whether you operate a car, truck, boat, aircraft or any other type of motorized vehicle.
Breathalyzer and Blood Alcohol Content
If you are pulled over on suspicion of DWI, law enforcement officers will likely ask questions about your intoxication level and may require you to submit to a breathalyzer test. If this test proves that you have a BAC of 0.08 or higher, then you may be arrested and charged with Driving While Intoxicated (DWI).
See also…What if I’m charged without a breath or blood text?
DUI Attorney Plano
In Texas, there are two types of DWI offenses: first-degree and second-degree.
First Degree DWI in Texas
First-degree DWI is the most serious offense and it carries the stiffest penalties. This type of offense occurs when a person’s BAC is 0.15 or greater, or if any form of impairment is present at the time of arrest.
Second Degree DWI in Texas
Second-degree DWI is less serious than first-degree DWI but still carries serious consequences. You can be convicted of second- degree DWI if your BAC registers between 0.08 to 0.14, or if it is determined that a person was driving while impaired by drugs, alcohol, or a combination of both.
DWI Penalties Texas
In Texas, the penalties for DWI can range from misdemeanors to felonies depending on the circumstances surrounding the offense. A misdemeanor DWI carries a jail sentence of up to 180 days, and/or a fine up to $2,000. If you are convicted of multiple misdemeanor offenses within 10 years in Texas then you may face felony charges with harsher punishments including prison sentences and fines over $10,000.
Plano DWI Attorney
If someone is injured or killed as a result of your intoxication while driving, then you could be charged with aggravated assault or manslaughter related to intoxication (alcohol-related homicide). In these cases, the punishments are generally much more severe.
Texas DWI Aggravating Factors
In Texas, there are several aggravating factors that can increase the severity of a charge for DWI. For example, if you have a passenger under age 15 in your car at the time of your arrest, you may be charged with an enhanced offense which carries higher sentences and fines than usual. Additionally, if your blood alcohol concentration (BAC) is above 0.15%, then you will face heightened penalties as well.
First Offense DWI Texas
If this is not your first DWI offense and it has been less than five years since the last one, then you may also be subject to increased punishment due to having multiple offenses on record within that time frame.
It is important to understand that DWI offenses are considered serious crimes in Texas. Even a first offense can result in up to 180 days in jail, a fine of up to $2,000, and the potential loss of your license for up to two years.
Plano DWI Lawyer
2nd DWI Texas
The consequences become even worse if this is your second or third DWI charge within five years. Depending on the circumstances, you may be looking at up to 10 years imprisonment and/or fines ranging from $4,000 – $10,000.
Having an experienced Plano DWI lawyer by your side can make all the difference when it comes to defending yourself against these charges and minimizing the punishments that you may face. A skilled attorney will be able to build a compelling case for you and potentially reduce the severity of your sentence if you are found guilty.
Zero-Tolerance Policy Texas DWI
It is also important to note that texas dwi law is a zero-tolerance policy, meaning that as soon as an individual’s blood alcohol content (BAC) reaches 0.08%, they are considered legally intoxicated and can be arrested for DWI. If a minor under the age of 21 has a BAC of merely 0.02%, they can still face serious repercussions.
Further, texas dwi laws stipulate that anyone who refuses to take a chemical test when pulled over by an officer may have their license suspended for 180 days or more if it is their first offense and up to two years for subsequent offenses.
Driving While Intoxicated (DWI) is a serious offense in Texas with potentially severe legal and personal consequences. A DWI can be charged as either a misdemeanor or felony depending on the circumstances, and punishments can include fines, jail time, driver’s license suspension, community service, alcohol abuse classes and interlock ignition devices.
If you are facing charges of texas dwi it is important to hire an experienced Plano DWI Lawyer who understands texas dwi law and can help protect your rights. The lawyer will review the facts of your case and determine whether there were any violations of texas dwi laws that could lead to potential defenses or reduced charges. In addition, they may be able to negotiate a plea agreement to reduce your penalties, or they may choose to go to trial on your behalf.
In texas dwi laws, it is illegal for drivers to operate a motor vehicle while under the influence of drugs or alcohol. Under texas law, “intoxication” means not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.
Under texas dwi law it is considered an offense if you are found operating a motor vehicle with a blood alcohol content (BAC) higher than .08%. BAC tests are typically administered via breathalyzer, urine, and/or blood samples.
If you have been charged with texas dwi, it is of utmost importance to consult with a plano criminal lawyer as soon as possible. A texas dwi conviction can lead to serious consequences such as fines, license suspension or revocation, jail time, and other penalties that may hinder your future job prospects and/or eligibility for certain educational opportunities.
ALR Hearing
It is important to note that texas has an implied consent law which requires drivers arrested for texas dwi to take a chemical test or face additional penalty. Refusing the chemical test could potentially result in an administrative license revocation (ALR) by the texas department of public safety (DPS).
In texas, dwi is defined as driving while intoxicated of alcohol or drugs. It is illegal to operate a motor vehicle with an Alcohol Concentration (AC) at or above 0.08 g/dl, which is the legal limit in texas. Anything higher than that can result in texas dwi charges and potential jail time if convicted. Texas also has a zero-tolerance rule for drivers under 21 who drive with any amount of alcohol in their system. Additionally, texas takes into account other types of intoxication such as inhalants, prescription medications and over-the-counter medication when determining DWI offenses.