Texas DWI Laws
Driving While Intoxicated is a serious offense in Texas and the potential penalties are severe
In Texas, you may face a DWI charge if you are found to be driving while intoxicated. Intoxicated means that you are not in normal control of your mental or physical faculties as a result of alcohol or drugs . You may face a DWI charge based on your level of impairment which is usually judged with field sobriety tests or you may face a DWI charge if you are found to have a blood alcohol concentration (BAC) of .08 or more. A DWI charge based on BAC is referred to as a “per se” DWI.
The penalties for a DWI conviction will vary depending on circumstances such as whether or not it was your first offense and what your BAC was at the time of the DWI. For a first DWI offense with a BAC less than .15, which is a Class B misdemeanor, potential penalties include:
- Up to $2,000 fine
- Jail sentence of 3 to 180 days (if open container in vehicle, minimum is 6 days)
- Driver’s license suspension of 90 to 365 days
For a first offense DWI with a BAC of .15 or more, which is a Class A misdemeanor, the potential penalties increase to a fine of up to $4,000 and up to one year in jail.
A second DWI conviction carries even more severe penalties, including:
- Up to $4,000 fine
- Jail sentence of 30 days to 1 year
- Driver’s license suspension for 180 days to 2 years
A third DWI conviction has harsher penalties still, including:
- Up to $10,000 fine
- 2 to 10 years of imprisonment
- Driver’s license suspension for 180 days to 2 years
- As a third degree felony, a third DWI conviction will disqualify you from voting and prohibit you from possessing a firearm.
It is also important to note that Texas has an “implied consent” law in place pertaining to DWIs. The “implied consent” law requires all drivers who are lawfully arrested for DWI to submit to a blood or breath test . Refusing to comply with this will result in driver’s license suspension for 180 days, if it is the first offense. If it is the second or third offense, the driver’s license suspension period increases to 2 years.
If you have been charged with a DWI, you need aggressive legal representation you can count on. At the Law Office of Kyle Whitaker, our Fort Worth DWI lawyers offer experienced legal counsel. A DWI conviction carries harsh penalties and lasting consequences. Don’t wait to call us at (817) 332-7703 or contact us online.