An Overview of DWI in Texas
In Texas, a driving while intoxicated (DWI) conviction carries serious legal consequences. In order to be convicted of a DWI in Texas, one of the following must be demonstrated:
- The driver operated a motor vehicle with a blood alcohol concentration (BAC) of .08% or higher; or
- The driver did not have the normal use of his or her mental or physical faculties by reason of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance.
In addition, Texas law prohibits minors from driving with any detectable amount of alcohol in their systems.
Evidence of DWI
Law enforcement officers can use a variety of different methods to gather evidence of intoxication in Texas. Among the various types of observations that an officer can consider in determining whether a driver is intoxicated include:
- The odor or presence of alcohol;
- Observations about the driver’s appearance and behavior; and
- The driver’s performance during various field sobriety tests.
In addition, objective measures of a person’s breath, blood, or urine can be used to determine a driver’s BAC.
DWI Penalties in Texas
The penalties for DWI convictions in Texas vary depending on whether a convicted driver has any past DWI convictions. These penalties include:
- First offense: A driver convicted of DWI for the first time faces fines of up to $2,000, up to 180 days in jail, the loss of his or her license for up to a year, and an annual fee of up to $2,000 for a period of three years to retain the license.
- Second offense: A driver convicted of DWI for the second time faces fines of up to $4,000, up to one year in jail, the loss of his or her license for up to two years, and an annual fee of up to $2,000 for a period of three years to retain the license.
- Third offense: A driver convicted of DWI for the second time faces fines of up to $10,000, up to ten years in prison, the loss of his or her license for up to two years, and an annual fee of up to $2,000 for a period of three years to retain the license.
Texas DWI Defense Attorney
Due to the severity of the consequences, legal representation is imperative when facing DWI charges. Therefore, if you’ve been charged with DWI in Texas, it’s important that you engage the services of an experienced Texas criminal defense firm in order to achieve the best possible results in your case. Phil Baker, P.C., has a proven track record of successfully defending clients against DWI charges throughout the state of Texas. Whether it’s challenging the accuracy of a DWI test or uncovering potential civil rights violations, our experienced criminal defense attorneys will work to protect your driving record and achieve the best possible outcome. Please contact us for a consultation.
Posted in: DWI/DUI
