Texas is tough on DWI’s and the consequences can be severe. Our DWI lawyer Austin will endeavor to mitigate the effects a DWI offense will have on the rest of your life.
Protect Yourself
First, DWI traffic stops generally begin with a false sense of security. If the officer requests you perform a sobriety test, you will probably fail. Why? The tests are designed for failure. Second, by holding a Texas Drivers License, you have effectively given officers implied consent to a breathalyzer test. However, if you have had anything to drink, it still advisable to refuse. The consequence for a refusal is a 6 month license suspension which would be imposed on you following a DWI offense in any case.
Additionally, refusal to blow is particularly advantageous if you suspect your BAC might be 0.15 or higher. A 0.15 BAC or higher significantly increases the consequences. Typically, the body expels 0.02 BAC (~1 drink) per hour. So, in theory, if you’re over 0.15 and it takes 2 hours to get you to the station, processed, and then administer a blood test, your BAC could have lowered below 0.15.
What is a DWI?
Driving while intoxicated (DWI) is defined by any driver exceeding 0.08 BAC. This BAC is deceivingly easy to reach. For the average person, 0.08 BAC is reached after two drinks. Fortunately, a first offense DWI in Texas is a Class B Misdemeanor, depending on the severity of your circumstances. As noted, if your BAC exceeds 0.15 (nearly double the legal limit), the consequences significantly increase, resulting in a Class A Misdemeanor charge.
Regardless, overzealous prosecutors can easily escalate both criminal and administrative penalties. It is crucial to retain a DWI lawyer Austin to navigate the legalities to avoid increasingly damaging & permanent consequences.
Penalties for a DWI in Texas
Following a 1st Offense DWI in Texas with a BAC less than 0.15, the penalties are as follows:
- charged with a Class B Misdemeanor
- possible ignition interlock device
- maximum fine of $2K
- license suspension for a max of 2 years
- DWI intervention or education program
Following a 1st Offense DWI in Texas with a BAC of 0.15 or higher are the same as the penalties for a 2nd Offense DWI. They are as follows:
- charged with a Class A Misdemeanor
- maximum fine of $4K
- possible 30 days to 1 year in jail
- license suspension up to 2 years
- possible ignition interlock device for one year
- DWI intervention or education program
Following a 3rd Offense DWI, the penalties are as follows:
- charged with third-degree felony
- possible 2 – 10 years jail time
- maximum fine of $10K
- license suspension up to 2 years
- possible ignition interlock device for one year
- DWI intervention or education program
Following a 4th Offense DWI or Subsequent Offenses, the penalties are as follows:
- charged with third-degree felony
- up to 10 years jail time
- maximum fine of $10K
- license suspension up to 2 years
- an annual surcharge of $2,000 for the three years following the arrest to keep your license
- possible ignition interlock device for one year
- DWI intervention or education program
For all offenses, additional administrative penalties may be levied for court administrative tasks.
DWI with a Child Passenger
If you receive a DWI with a child in the car, you will be subject to the following penalties:
- if the child is under 15, a child endangerment charge will be added
- an additional fine of up to $10K
- up to 2 years jail time
- an additional loss of driver’s license for 180 added days
DWI Lawyer Austin Defense
If possible, our DWI Lawyer Austin will seek to have the charges dismissed. If impossible, we will seek to have the charges lessened. Additionally, we will push the State Prosecutor to drop the case in the following circumstances:
- lack of evidence
- illegally obtained or improperly stored evidence
- an improperly administered field sobriety test
Facing a DWI charge is scary. We will arrange the best possible outcome to provide you with the best future. Contact us for a free consultation; we’re here to help.
To find out how we can help you, contact a DWI Lawyer Austin at 512-400-7070 or send us a message for expert DWI defense. We will schedule an initial client consultation to review your case details and lay out a game plan for your DWI case in Texas. AZ Law Firm will pursue the legal action necessary to secure the fairest possible outcome for you and your loved ones.
We understand times are tough and that there probably hasn’t been a tougher time in your life. Although we could get away with charging exuberant amounts, we prefer not to as we are a law firm by the people, for the people. We do not want you to worry about whether you can afford to hire an attorney to protect and defend your rights. Give us a call or send us a message and be surprised at the quality you receive compared to what other law firms will quote you!
Accordingly, the attorneys at AZ Law Firm will always provide you with a free initial consultation. During this initial consultation, a DWI Lawyer Austin will evaluate your case, inform you of any legal options that may be available, and allow you to ask any questions that you may have. AZ Law Firm offers affordable rates for all our clients and will work with you on payment plans. Our firm accepts checks, debit cards, and most major credit cards to cover the costs of your legal representation.
