Texas considers DWI charges to be either misdemeanors or felony offenses. The law states that a motorist may incur a DWI charge “if the person is intoxicated while operating a motor vehicle in a public place.”
In order for a motorist to get convicted of DWI, a prosecutor must prove that they were operating a motor vehicle in any public place, such as a street, highway or parking lot, and in a county while under the influence of alcohol or drugs.
In Texas, “intoxication” can refer to two different states. The first is being impaired by a substance such as alcohol, marijuana, cocaine, etc. and the second is by having a BAC level of .08 percent or higher. Even if the motorist was impaired due to a medically prescribed drug, they may still get charged with DWI.
Are you looking for the best DUI defense attorneys in Texas? If so, call (800) 672-3103 to schedule a FREE Consultation with a local lawyer in your area.
Texas DWI Penalties
If a motorist is found guilty of DWI, the following penalties may be incurred:
1st DWI Conviction
• Class B misdemeanor
• Imprisonment from 72 hours to 180 days
o 180 days to 2 years if a child under 15 was in the vehicle
• Driver’s license suspended from 90 days to 1 year
• Fine up to $2,000
o $10,000 if a child under 15 was in the vehicle
• DWI Surcharge – $1,000 per year for 3 years
o $2,000 per year for 3 years if BAC was at/above .15 percent
2nd DWI Conviction
• Class A Misdemeanor
• Imprisonment from 30 days to 1 year
o 180 days to 2 years if a child under 15 was in the vehicle
• Driver’s license suspended from 180 days to 2 years
• Fine up to $4,000
o $10,000 if child under 15 was in the vehicle
• DWI Surcharge – $1,500 per year for 3 years
o $2,000 per year for 3 years if BAC was at/above .16 percent
• Ignition interlock device
3rd DWI Conviction
• Third-degree felony
• Imprisonment from 2 to 10 years
• Driver’s license suspended from 180 days to 2 years
• Fine up to $10,000
• Ignition interlock device
• Alcohol/drug treatment may be required
4th DWI Conviction and subsequent
Texas does not impose any increased level of punishment for DWI offenses following the 3rd DWI conviction. The punishment for repeat DWI offenders is usually imprisonment from 2 to 10 years without probation.
DWI Manslaughter
A motorist has committed DWI manslaughter if they were under the influence of alcohol or drugs and caused the death of another person by accident. The punishment is a maximum fine of $10,000 and imprisonment from 2 to 20 years. Motorists involved in an accident where there was a death or risk of death involved must provide a mandatory blood sample for intoxication analysis.
Texas Implied Consent Law
Texas enforces an implied consent law which states that anyone who drives in Texas must submit to a chemical test to determine intoxication. The chemical test can check the blood, breath, or urine of a DWI suspect. If the motorist in question were to refuse to submit to testing, they will have their driver’s license confiscated and will be issued a temporary license until a court hearing date is set. The refusal may be used against the motorist in court and may cause the motorist to lose their license for a period of time.
Legal Assistance
Anyone who is convicted of DWI in Texas will never again have the same quality of life. A DWI conviction has ramifications in all areas of a motorist’s life, including employment, finances, and sometimes even civil rights. If you have been charged with DWI, speak to a top DWI lawyer in Texas right away to fight for your rights.
DWI attorneys understand that it can be very easy to incur a DWI charge. They will investigate the incident thoroughly, speaking to police and witnesses in order to get the real story. If your Texas DWI lawyer discovers that you were unfairly charged, rest assured that your case will be dismissed.
For the best possible outcome for your case, speak to an elite DWI defense attorney in Texas today.
