DWI in Texas
Being convicted of Driving While Intoxicated (DWI) in Texas carries heavy legal consequences. A first time DWI is a class B misdemeanor which carries a potential penalty of up to 180 days in jail and a $2000 fine. A second DWI or one in which your blood alcohol content (BAC) is found to be above a .15 is a class A misdemeanor which carries a penalty of up to 1 year in jail and up to a $4,000 fine. A third DWI is a 3rd degree felony which carries a potential punishment of up to 10 years in the penitentiary and up to a $10,000 fine. Additionally, being arrested for DWI can result in suspension of your driver's license and driving privileges. Being convicted of DWI also comes with surcharges being assessed by the Texas Department of Public Safety (TDPS) to keep your valid driver’s license. Surcharges assessed by Texas DPS for a DWI conviction could rise above $3000 for your first DWI conviction, which can be paid in monthly installments.
If you are pulled over for a traffic stop which becomes a DWI investigation, you have the right to remain silent and to refuse any breath alcohol test or blood draw unless there is a valid warrant signed by a magistrate or judge to obtain the blood evidence. Giving the police evidence in the form of admissions, such as “I only had 2 beers” or evidence of your blood alcohol content through a portable breath test (PBT) or through the Intoxilyzer breath test at the station will result in that evidence being used against you. Don’t do it!
Exercise your right to remain silent and your right to request an attorney instead of making incriminating statements and giving up incriminating evidence. Sometimes it is better to be arrested, remain silent, not give a breath sample, which will give you a stronger chance of beating the DWI in court, than to make statements to the police and thereby give the police more evidence that will be used against you and make it more difficult to win your DWI case.
Remember that an arrest does not have to result in a conviction. With 18 months of experience as an assistant district attorney prosecuting DWI cases, and now 10 years defending against DWI charges, I have developed the expertise and courtroom skill which has allowed me to consistently achieve results for my clients in the form of dismissals of their DWI charges. Whether this is your first DWI and you qualify for a Pre Trial Diversion program, or you were pulled over without sufficient reasonable suspicion or arrested without sufficient probable cause, rest assured that our experienced team will assess the strength of your case and take all necessary measures to win your DWI case and keep it off your record.
ADMINISTRATIVE LICENSE REVOCATION HEARING
From the date that you are arrested for DWI in Texas, you only have 15 days to request an administrative license revocation (ALR) hearing with DPS. If not requested within 15 days, you waive your right to a hearing and your driver’s license will be suspended 40 days from the date of your arrest. Driving without a valid license is another misdemeanor for which you could be arrested. This is why it is important to take action immediately after being arrested for DWI. The sooner you act the better your chance of keeping your driver’s license and beating your DWI charge. If you’ve recently been arrested for DWI in Texas, contact our experienced legal team to get started on your defense today!