Driving under the influence (DUI) or driving while intoxicated (DWI) is one of the most common offenses in Texas. People from all walks of life are charged with this offense. College students, white collar employees, factory workers, soccer moms — anyone can make a mistake. The important thing is to immediately seek out an experienced lawyer to protect yourself.
At The Wortham Law Firm, we are here to help people with building and asserting a comprehensive DWI defense whether it is a first offense, has resulted in an accident or if you are at risk of being defined as a habitual offender. Contact us today to schedule a free initial consultation at our Dallas office to learn more about how we can help you.
Current Texas DWI Laws and Penalties
Under Texas law, you are deemed to be intoxicated if you do not have normal use of your mental and/or physical facilities because of alcohol and/or drugs in your body. If your blood alcohol concentration is 0.08 or higher you cross the legal threshold and are considered intoxicated. A DWI can also result in fines and jail or prison, depending on the offense. For instance, Texas currently defines the penalties for DWI as:
- 1st DWI offense: class B misdemeanor, 3 to 180 days in county jail; $0–$2,000 fine
- 2nd DWI offense: class A misdemeanor, 30 to 365 days in county jail; $0–$4,000 fine
- 3rd or higher DWI Offense: third-degree felony, 2 to 10 years in the Texas Department of Corrections (prison); $0–$10,000 fine
As you can see, the penalties can be severe, not to mention that if you are found guilty it can have a dramatic impact on your ability to get a job as well as your standing in the community. We will always try to negotiate for a lesser penalty and if there is a treatment program that you can complete that will result in the charges being dropped, we will vigorously attempt for this option.
Driver's License Revocation
In addition to any criminal penalties, if you fail a breath and/or blood test, your driver's license may be suspended for up to 90 days. Additionally, if you refuse to provide a breath and/or blood test, can result in a suspended license for up to 180 days.
You have the right to contest a driver's license suspension within 15 days of receiving a Notice of Suspension after being arrested for a DWI. If you do so, you may be able to keep your driver's license while you await the administrative hearing date. Our Dallas DWI defense attorneys will represent you at this hearing as well as the criminal proceeding for the DWI charge.
At the hearing, a judge will analyze the evidence leading to the charges and determine if the police officer had reasonable suspicion to stop your vehicle. If the judge finds in the state's favor and that there was probable cause to make an arrest, your driver's license will be suspended at that time according to the statutory requirements.
However, even if your driver's license is suspended, you may be eligible for an occupational driver's license. This conditional license allows you to drive 12 hours per day, seven days a week, for travel to work, school and household duties. We can help you apply for this license while we help you navigate the criminal side of the DWI charge.
Plano DUI Lawyers
Time is of the essence when you are facing any type of DWI charge. Let us help you take control of the situation right away. Contact us online today to schedule a free initial consultation or by calling 972-744-0445.