29 Aug 2011
Drinking and driving in Texas is never a good idea. If you’re stopped by police in the Lone Star State with blood alcohol content level higher than .08, you could be arrested for Driving While Intoxicated (DWI), a serious offense that only gets more serious with each additional conviction.
For first-time offenders, a DWI conviction could result in a six-month jail sentence, a fine of up to $2,000 and an automatic three to six month suspension of your license that begins as soon as you’re arrested. A second DWI conviction will most likely result in an ignition interlock device being placed on your vehicle, and a third DWI is considered a third degree felony, which carries a minimum two-year jail sentence.
If that sounds harsh, that’s because it is. However, there are several conditions and laws that can make the penalties for even your first DWI conviction much harsher:
- The Open Container Law. If you’re stopped for your first DWI and the arresting officer can see an open container of alcohol in the vehicle, the minimum jail sentence will automatically be raised from 72 hours to six days.
- DWI With a Minor. If you’re charged with a DWI while there is a person under the age of 15 in the vehicle, the offense will immediately be elevated to a state jail felony. You could potentially serve a state jail term of at least six months, and your fine can be as high as $10,000.
“Implied Consent.” By accepting a driver’s license in the state of Texas, you automatically consent to a breath, blood or urine analysis to test for alcohol upon suspicion for DWI. If you are stopped by an officer and refuse to breathe into a breathalyzer, your license will automatically be suspended as a result of this law. The duration of the suspension depends on your age and your blood alcohol content (BAC).
Drinking and driving is never okay, but breaking any of these laws and the resulting consequences can make it one of the worst decisions of your life. It’s important to hire a quality criminal defense lawyer who will give you the best chance to avoid having a DWI conviction on your criminal record.
If you’ve been charged with one DWI, or if you’ve already been convicted and are now facing another, it’s important to get in contact with a Texas DWI attorney immediately. An experienced drunk driving lawyer can help get your charges reduced and in some cases get the charge dismissed completely.