Overview of Texas DWI
When I was in high school I used to go on “ride alongs” with a deputy sheriff. Most weekend nights we would pull over a person who was driving after having consumed alcohol. We lived in a rural farming area and most people knew each other. I watched the deputy sheriff tell people to drive directly home, have them leave their car and we drove them home and at times arrest them for DWI.
Times have changed from 1983. I have an attorney friend was arrested for DWI after he had one glass of wine with his dinner and was driving home from the restaurant. It appears that he passed the field sobriety test and we later found that even his blood alcohol content was below the legal limit. The DA’s office still pursued DWI charges.
If you are convicted of Driving While Intoxicated (DWI), you will have a criminal record. This can affect you ability to get or maintain employment, rent a home or apartment and may even affect your credit. Additionally, your driver’s license will be affected and you will pay higher auto insurance along with all the other charges after a DWI.
DWI Law:
If you have a blood alcohol concentration (BAC) of 0.08 or more, or you do not have the normal use of your mental or physical faculties due to alcohol and/or other drugs while in the control of a motor vehicle, you may be charged with DWI. A motor vehicle is not limited to cars and trucks. It includes such things as:
l ATV
l Bicycle
l Scooter
l Vespa
l Motorcycle
l Boat
l Jet Ski
l Airplane
l Amusement Park Ride
Most people believe that to be charged with DWI, you must actually be driving the vehicle when you are stopped by the police. However, the Texas Administrative Code only requires that you have physical control of the vehicle. We will go over the possible defenses available to you if we are challenging physical control of the vehicle. These include location of the keys, your proximity to the vehicle and if you were capable of starting the vehicle.
First DWI Conviction:
If you are convicted of Driving While Intoxicated, the first time it is generally a Class B Misdemeanor. However, if your BAC is .15 or greater, it will generally be a Class A Misdemeanor. If you have a child in the vehicle under 15 years old, it is a State Jail Felony. If by accident or mistake, you cause serious bodily injury to another person, the charge will be a Felony of the Third Degree. If you actually cause the death of a third party, it will be a Second Degree Felony.
If you are convicted of a Class B Misdemeanor, you will be facing a term of confinement from 3 to 180 days. Your driver’s license will be suspended from 90 to 365 days. You will likely be placed upon probation, where you could be required to report and provide testing that you have not been using alcohol or other non-prescription drugs (all of which you have to pay for). You will be required to pay an annual fee of $2,000 for three years to retain your driver’s license. The court will likely require you to pay for and take classes regarding the dangers of drunk driving. Finally, you will be charged with court costs of handling your case.
The above charges do not even include the expense of getting your vehicle out of impound and the bond fees to get you out of jail. The amount that you spend on your attorney gives you the best chance of limiting or avoiding many of these costs.
Second DWI Conviction:
If you are convicted of a second offense of Driving While Intoxicated, the new conviction is a Class A Misdemeanor. The punishment and fine could be up to 10,000, with 30 to 365 days in jail. You could lose your driver’s license for up to two years. An annual fee from $1,000 to 2,000 for three years to retain your driver’s license. These are in addition to the other fees and costs explained above.
Third DWI Conviction:
If you are convicted of a third DWI offense, it will likely be a Third Degree Felony. This will include up to a $10,000 fine. You could serve from 2 to 10 years in prison. Lose your driver’s license for up to two years. Pay an annual fee from $1,000 to 2,000 for up to three years to retain your license. Plus, the other fees and expenses explained above.
Enhancements:
There are other enhancements that may increase the level of the charge against you. These include situations where you have caused bodily injury to first responders or government officials who were acting in the duties of their position. We can go over any of these issues with you on your consultation.
When Should I Hire An Attorney:
The sooner that you hire an attorney to represent you, the quicker they can get to work on your defenses. They will need to collect the states evidence. This evidence needs to be reviewed by the attorney and possibly a testifying expert. You will likely need to set up a SOAH hearing to challenge the suspension of your driver’s license.