If you are charged with driving while intoxicated (DWI) in Texas, it’s important to know that you could be facing one of the most aggressively punished offenses. DWI cases are unfortunately not uncommon in Texas, with Forbes ranking our state third-highest in the country for the rate of drunk drivers, both over and under the age of 21, involved in fatal crashes.
Texas Penal Code §49.04 makes it illegal to drive with a blood-alcohol content (BAC) of .08 or greater or while you “do not have the normal use of your mental or physical faculties.” You can meet the loss of faculties test through the use of alcohol, drugs, or a combination of the two. For drivers younger than 21, the legal limit for BAC is zero.
A person who violates this statute for the first time can be charged with a Class B misdemeanor, punishable by a minimum mandatory 72-hour jail sentence and a maximum of 180 days. If the offender has an open container of alcohol in his or her vehicle, the minimum jail sentence will be increased to six days.
The charges for a first DWI could be enhanced to a Class A misdemeanor if a chemical test shows the defendant’s BAC is 0.15 or higher. In Texas, a Class A misdemeanor is punishable by up to 1 year in jail and up to $4,000 in fines.
If you are pulled over for driving intoxicated and you have a child in the vehicle, fines, jail time and other penalties will be elevated. A conviction of a DWI with a child passenger is a state jail felony, and the punishments will vary according to your alcohol concentration level, whether you are a habitual offender with more than one DWI on your record, and other related circumstances.
An individual who has been charged with a first DWI could face any of the following penalties:
- Installation of an ignition interlock device, including the costs of installation and maintenance;
- Costly court fees and fines;
- Mandatory completion of an approved alcohol or controlled substance course;
- Driver’s license suspension from 90 days to one year or more depending on the charges;
- Community supervision or probation; and/or
- A lifelong criminal record.
Although you are facing a DWI now, you could find yourself back on the road in the future. The next time you are behind the wheel, remember this: DWI prevention can save lives, and drunk driving is entirely preventable.
If you or a loved one have been charged with a DWI, it’s vital that you learn the responsible behaviors that will keep not just others, but also yourself, out of harm’s way in the future. Some key considerations after a night out are:
- Ensure you have a designated driver, which is someone who will remain sober and make sure everyone has a trusted ride home.
- Utilize a rideshare service like Uber or Lyft.
- Attend events at places that do not require a vehicle to get home, like a hotel or a venue within walking distance.
- If you are hosting, offer alcohol-free options, and if you are at a social event, know that it is not required to drink.
- Make sure your friends do not get behind the wheel after they’ve been drinking.
- Avoid getting into a car with an impaired driver, and do not get in the driver’s seat if you have been drinking.
If you were arrested for a first DWI, you’re probably unsure of how to deal with the charge, but an experienced criminal defense lawyer can guide you through the process during this stressful time.
Thankfully, knowledgeable defense attorneys Michael Price and James Twine at Price & Twine, PLLC, have years of experience for you to rely on. They will form a strong defense for your case and protect your rights.
You do not have to tackle this legal challenge alone. Contact Price & Twine, PLLC at (512) 354-1880 for a free consultation about your alleged first DWI in Williamson County.
Posted in DWI
Tagged driving while intoxicated, DUI, first DWI