TEXAS DWI
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What is a DWI Attorney?
A DWI Attorney handles cases that deal with driving while intoxicated. A DWI lawyer can help the defendant reduce the charge of the DWI. If it is your first offense, an attorney may be able to help you reduce the charge and the consequences. At Abii Legal, we work to help you handle your DWI case.
Why do you need a DWI Attorney?
DWI is serious and can affect your employment opportunities and your future. A Houston DWI Attorney will do what is necessary to help reduce both the charge and consequences. Nothing can be guaranteed but you want an attorney that will do what is necessary to give you a chance at a future without the blemish of the charge.
What is the drunk driving per see limit in Texas?
In general, your blood alcohol concentration (BAC) level is the first determination for any DWI charge. In Texas, BAC over 0.08% for anyone 21 years or older is considered above the limit. For commercial drivers, it is anything over 0.04%. Alcohol can affect you based on several factors, including your body size, the number of drinks you've had, and sometimes, even your gender.
What is a DWI in Texas?
In Texas, DWI stands for "driving while intoxicated" and refers to the offense of operating a motor vehicle while under the influence of drugs or alcohol. The penalties for a first offense DWI in Texas may include a fine of up to $2,000, a jail sentence of up to 180 days, and a license suspension of up to 1 year.
What are the DWI offenses in Texas?
1. In Texas, there are multiple types of DWI (driving while intoxicated) offences, and the punishments for each vary depending on several factors, including the number of prior convictions, the blood alcohol concentration (BAC) level at the time of arrest, and the existence of any aggravating conditions. The following are the most common types of DWI crimes.
· First-Time DWI offence
· Second-Time DWI offence
· Third-Time or Habitual DWI offense
What are the Misdemeanor DWI and Felony DWI Offence?
Misdemeanor DWI (driving while intoxicated): A misdemeanor DWI is a criminal offence
in which a person is determined to be driving while under the influence of alcohol or drugs.
A misdemeanor DWI is less serious than a felony DWI and is usually reserved for first-time
offenders or those with a lower BAC at the time of arrest.
Felony DWI (driving while intoxicated): A more serious violation with aggravating
circumstances such as multiple DWI convictions, serious damage or death resulting from a
DWI collision, or driving while intoxicated with a child passenger. A third or subsequent
DWI violation in Texas is automatically categorized as a felony, regardless of whether
aggravating circumstances exist. A felony DWI conviction often carries harsher penalties,
such as longer jail or prison sentences and larger fines, than a misdemeanor DWI conviction.
OFFENCES AND PENALTIES
What happens if the offence is done for the first time?
First-time DWI offense:
In Texas, a First-time DWI (Driving While Intoxicated) violation is usually categorized as a
Class B misdemeanor. A first-time DWI charge in Texas may result in the following
penalties:
Up to 180 days in jail
A fine of up to $2,000
A license suspension of up to one year
What are the Penalties for Second DWI?
Second-time DWI offense:
In Texas, a second-time DWI (Driving While Intoxicated) violation in Texas is normally
classified as a Class A misdemeanor. A second DWI offence in Texas can result in the
following penalties:
A fine of up to $4,000
A jail sentence of up to one year
A license suspension of up to two years
Installation of an ignition interlock device on the defendant's car
What is the Punishment by state if DWI offense is done for the third time?
Third or subsequent DWI offense:
In Texas, a third or subsequent DWI (Driving While Intoxicated) violation in Texas is
categorized as a felony, carrying severe penalties than a misdemeanor. In Texas, the penalties
for a third or subsequent DWI violation might include:
A fine of up to $10,000
A prison sentence of 2 to 10 years
A license suspension of up to two years
Installation of an ignition interlock device on the defendant's car
I had a child onboard when I was charged for DWI. Is this an offence?
DWI with a child passenger:
In Texas, a DWI (Driving While Intoxicated) with a child passenger is a serious offence. A
DWI child occurs when a person is driving under the influence of alcohol or drugs while
carrying a child under the age of 15. Sec 49.045.
In Texas, a DWI child is considered a felony offense, even for a first-time offender. The
potential penalties for a DWI child in Texas can include:
A fine of up to $10,000
A prison sentence of 180 days to 2 years (for a first-time offender)
A prison sentence of 2 to 10 years (for a repeat offender)
A possible probation period
Installation of an ignition interlock device on the defendant's car
It's important to note that a DWI child can also result in additional charges of child
endangerment or child abuse, which can further increase the penalties.
If another person is injured due to my DWI what will happen to me?
Intoxication assault:
Intoxication Assault is a serious felony violation in Texas that happens when a person causes
substantial physical harm to another person while driving under the influence of drugs or
alcohol. Sec 49.07.
The potential penalties for Intoxication Assault in Texas can include:
A fine of up to $10,000
A prison sentence of 2 to 20 years
A license suspension of up to 2 years
Installation of an ignition interlock device on the defendant's car
If the victim suffers a serious bodily injury that results in long-term or permanent disability,
the offender can face a higher prison sentence.
What happens if any person dies due to DWI in Houston or Pearland Texas?
Intoxication manslaughter (felony):
In Houston or Pearland Texas, Intoxication Manslaughter is a serious felony violation that
happens when a person causes the death of another person while driving under the influence
of drugs or alcohol. Sec 49.08.
The potential penalties for Intoxication Manslaughter in Texas can include:
A fine of up to $10,000
A prison sentence of 2 to 20 years
A license suspension of up to 2 years
Installation of an ignition interlock device on the defendant's car
If the victim was a peace officer or a firefighter, the offender can face a higher prison
sentence.
How does a DWI arrest happen in Texas, and what should I do if I'm arrested?
In Texas, a DWI arrest can occur if a police officer suspects a driver is intoxicated and
performs a field sobriety test, Breathalyzer test, or blood test to confirm their suspicions. If
you are arrested for DWI in Texas, it is critical that you remain calm and follow the officer's
instructions. You have the right to remain silent, and you should speak with a Houston or
Pearland DWI attorney as quickly as possible.
How can I challenge a DWI charge in Texas, and what are the potential defenses?
You can engage a DWI lawyer in Texas to assist you prepare a defense to a DWI accusation
in Texas. Possible defenses include challenging the results of the chemical tests, claiming
that the police lacks reasonable cause to stop you, and claiming that your rights were violated
during the arrest.
CONSEQUENCES
What are the consequences of a DWI conviction in Texas?
A DWI conviction in Texas can result in fines, jail time, and the suspension of one's driver's
license. A fine of up to $2,000, a prison sentence of up to 180 days, and a license suspension
of up to one year may be imposed for a first violation. Repeated violations may result in
harsher punishments.
Will my driver's license be suspended, and if so, for how long?
If you are convicted of DWI in Texas, your driver's license may be suspended. The duration
of the suspension can vary depending on the facts of the case.
What kind of fines or fees will I be facing if convicted?
In Texas, fines and charges for a DWI conviction can include court costs, fines, and fees for
entering an alcohol education program. The overall sum may differ based on the facts of the
case.
How much will it cost to hire an attorney, and what is included in the fee?
The cost of hiring an attorney in Texas for a DWI case might vary depending on the
attorney's experience and reputation, the complexity of the case, and other factors. Legal
counsel throughout the legal process, including pre-trial negotiations, court appearances, and
trial, may be included in the cost.
How does a DWI affect my car insurance in Houston or Pearland Texas, and what are
the potential rate increases?
A DWI conviction in Texas may cause your car insurance rates to increase significantly.
Some insurance providers may even cancel your policy altogether
What are the long-term consequences of a DWI conviction in Texas, including job
prospects and immigration status?
Long-term effects of a DWI conviction in Texas may include difficulty finding work,
particularly in transportation, healthcare, and education. A DWI conviction may also affect
your chance to earn a professional license or, if you are not a US citizen, your immigration
status.
UNDER 21
If I am under 21, can I be charged with DWI?
If you are under 21 and caught driving with any detectable amount of alcohol in your system,
you can be charged with a DWI.
What are the potential consequences of an under 21 DWI conviction?
The consequences of an under 21 DWI conviction can include fines, probation, community
service, mandatory attendance in alcohol education or treatment programs, license
suspension or revocation, and even jail time. A conviction can also result in a criminal record
that can impact your future opportunities, such as employment or housing.
How can I challenge the charges against me?
Working with an expert DWI attorney can help you evaluate the evidence against you and
discover any gaps or contradictions in the prosecution's case, allowing you to dispute the
accusations. Your attorney can also assist you in investigating any potential defenses, such as
contesting the accuracy of the breath-alyser or blood test results.
What options are available to me for defending against an under 21 DWI charge in
court?
Arguments that the Breathalyzer or blood test results were inaccurate, disputing the validity
of the stop or arrest, or presenting evidence that you were not impaired while driving are all
possible defenses for an under 21 DWI case.
Can I keep my driver's license after an under 21 DWI arrest, and if so, for how long?
If you are under the age of 21 and are charged with DWI, your driver's license in Texas may
be suspended for up to 120 days if you fail or reject a breath or blood test. You may,
however, qualify for an occupational driver's license, which allows you to drive for certain
purposes such as employment or education.
What are the steps I should take to minimize the impact of an under 21 DWI charge
on my future?
Working with an expert attorney, completing any court-mandated programs, and being
proactive in addressing any drug abuse issues that may have contributed to the DWI are some
actions you may take to minimize the impact of an under 21 DWI charge on your future.
Is it possible to have an under 21 DWI charge expunged or removed from my
criminal record?
In Texas, an under 21 DWI conviction cannot be expunged from your criminal record.
However, you may be eligible to have your record sealed, which can limit who can access it.
How can I protect my rights during a DWI arrest and subsequent legal proceedings in
Houston and Pearland?
You can protect your rights by remaining calm and polite during the arrest, requesting to
speak with an attorney from Houston or Pearland, and avoiding answering any questions
until your attorney is present.
How can I protect my rights during a DWI arrest and subsequent legal proceedings in
Houston and Pearland?
You can protect your rights by remaining calm and polite during the arrest, requesting to
speak with an attorney from Houston or Pearland, and avoiding answering any questions
until your attorney is present.
What are my options for plea bargaining or negotiating a plea deal?
Your lawyer can help you explore your options for plea bargaining or negotiating a plea deal,
which may include accepting a lesser charge or sentence in exchange for a guilty plea.
How can I prepare for court appearances and proceedings related to an under 21 DWI
charge?
You can prepare for court appearances and proceedings by working closely with your
attorney, gathering any relevant evidence, and familiarizing yourself with the legal process
and potential outcomes.
What other resources or services are available to help me during the legal process
related to an under 21 DWI charge?
Substance abuse treatment programs, support groups, and legal aid organizations are some of the other resources or services that may be accessible to you during the legal process. Your
attorney can assist you in identifying these services and determining which are most suited to
your needs.
LICENSE SUSPENSION
How long will my license be suspended for a DWI in Houston or Pearland, Texas?
The length of your license suspension for a DWI in Houston or Pearland, Texas will be
determined by the facts of your case, such as whether this is your first offence, whether
anyone was hurt, and your blood alcohol concentration (BAC) at the time of your arrest. A
first-time DWI crime with a BAC of less than 0.15, for example, can result in a 90-day
license suspension, whereas a second DWI offence with a BAC greater than 0.15 can result
in a 2-year license suspension.
Can I get a restricted license or hardship license during my suspension period?
During your suspension time, you may be able to obtain a limited license in some cases. This
would allow you to drive to work or school for specific purposes. However, the availability
of these permits will be determined by the facts of your case as well as your driving record.
What steps can I take to get my license reinstated after my suspension period is over?
To get your license reinstated after your suspension period is over, you will need to complete
any required steps, such as paying fees and completing any court-ordered programs, such as a
DWI education program. You may also need to provide proof of insurance and any other
documentation required by the Texas Department of Public Safety (DPS).
Will I be required to attend any driver education or substance abuse programs as part
of my reinstatement process?
As part of the reinstatement process, you may be required to attend a driver education or
substance treatment program, depending on the circumstances of your case and the outcome
of any court proceedings.
DEFERRED ADJUDICATION & PROBATION
What is Deferred Adjudication?
In the Texas criminal justice system, deferred adjudication is a sort of probationary sentence
that permits a defendant to avoid a formal conviction and, in some situations, the associated
penalties and consequences. A defendant enters a guilty or no contest plea to the allegations
against them, but instead of a formal conviction, the judge defers or postpones the
determination of guilt.
How to see eligibility for the deferred adjudication?
What is Probation?
It is a form of community supervision that allows the defendant to serve their sentence in the
community, under the supervision of a probation officer, rather than in jail.
If we get probation in DWI can we do anything we want?
No, if you are on probation for a DWI (Driving While Intoxicated) conviction, you are still
required to follow certain terms and conditions set forth by the court
How early can we get Probation in DWI?
Probation may be awarded for a first-time DWI offence provided the defendant meets
specific eligibility criteria. The eligibility for probation may be more limited for second and
subsequent DWI offences.
EXPUNCTION & NON-DISCLOSURE Expunction is a legal process by which a criminal record is completely erased or destroyed.
Non-disclosure, is a legal process by which certain criminal records can be sealed from
public view.
Can a DWI Records be expunged or sealed from my record?
Some DWI records in Texas can be expunged or sealed under specific conditions. However,
the regulations governing the expungement and sealing of DWI records can be complicated
and depend on a variety of circumstances, including the type of DWI offence, the offender's
age, and whether or not the offence resulted in a conviction.
Can a Houston and Pearland lawyer assist me in expunging my DWI?
Yes, if you fulfill these requirements then you might be able to get expungement.
You were arrested for a DWI but were not charged or were acquitted of the charge.
You were charged with a DWI but the case was dismissed.
You were convicted of a DWI offense, but the conviction was overturned on appeal.
Is this firm able to Seal my DWI records?
Yes, but there are various conditions that determine eligibility for an Order of Non-
disclosure, however if a person has committed a felony offence, he is ineligible to file a
petition for Non-disclosure.
How long does a DWI Conviction stay on my criminal record, and what are the long-
term consequences?
A DWI (Driving While Intoxicated) conviction in Texas will remain on your criminal record
permanently unless you successfully expunge or seal the record. This means that your
conviction could have long-term effects on your personal and professional life.
LEGAL OPTIONS
What is the legal process for a DWI case in Texas?
In Texas, the legal procedure for a DWI case normally comprises the following steps: arrest,
arraignment, pretrial motions, plea bargaining or trial, and sentence. The exact procedure will
differ based on the facts of the case.
What evidence will be used against me in court?
Field sobriety test findings, Breathalyzer or blood test results, witness testimony, and police
reports may all be used against you in a DWI conviction in Texas.
Can the charges be reduced or dismissed? If so, how?
Charges in a DWI case in Texas can be reduced or dismissed, depending on the individual
facts of the case. This may include negotiating a plea bargain with the prosecution or
presenting a strong defense to fight the charges.
What kind of plea bargain or sentence negotiation options are available?
Plea bargain or sentence negotiation options can vary depending on the specific case, but
they may include reduced charges, reduced penalties, or deferred adjudication.
What kind of defense strategy will be used to fight the charges?
A DWI defense strategy in Houston and Pearland, Texas may include disputing the validity
of the stop, the accuracy of the Breathalyzer or blood test results, or the arresting officer's
actions. Some possible defenses include demonstrating that the driver was not intoxicated or
that the driver's constitutional rights were infringed.
Will I have to go to trial, and what should I expect if I do?
The option to go to trial in a DWI case in Texas is determined by the facts of the case. If you
do go to trial, you should anticipate to offer evidence and arguments in your defense as well
as obey the court's processes and guidelines.
STEPS YOU CAN TAKE
Can I refuse a Breathalyzer or blood test in Texas, and what are the consequences?
You have the right to refuse a Breathalyzer or blood test in Texas, but there are
consequences. If you refuse a chemical test, you may have your license suspended for up to
180 days, and your refusal may be used against you in court as evidence.
How can a Houston or Pearland DWI lawyer help me, and what should I look for in a
good DWI lawyer?
A DWI attorney in Houston or Pearland can assist you by providing legal representation,
creating a defense plan, and negotiating with prosecutors. When looking for a DWI lawyer,
seek for someone with DWI experience, a track record of success, and exceptional
communication skills.
TIPS
How can I avoid a DWI in Houston and Pearland, Texas including tips for responsible
drinking and alternative transportation options?
To avoid a DWI in Texas, avoid drinking and driving entirely. If you intend to consume
alcohol, select a sober driver, utilize public transportation or use a ride-sharing service. It is
also critical to be aware of your alcohol consumption and to pace yourself during the night.