If you were charged with a DWI this Halloween night, continue reading and give our skilled legal team a call today. Our Houston DWI defense attorneys are on your side no matter what you are facing.
What are DWI laws in the state of Texas?
According to Texas Penal Code § 49.04, an indiviudal perpetrates a DWI offense if he or she is intoxicated while operating a motor vehicle in a public place. Texas Penal Code § 49.01(2) describes intoxicated as:
- not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
having an alcohol concentration of 0.08 or more.
The term “alcohol concentration” is typically known as a blood or breath alcohol concentration, or BAC. Texas defines alcohol concentration as signifying the number of grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine.
In Texas, DWI arrests affect alcohol concentrations from breath samples collected during roadside tests or tests performed at police stations. When there is a violation of the alcohol concentration limit, the definition of intoxicated is considered a “per se” DWI violation (with “per se” being the Latin phrase for “by or in itself,” as evidence of an alcohol concentration of 0.08% or higher is evidence of intoxication), however, a person can be arrested based on the other definition of intoxicated that involved more subjective opinions of arresting officers or potential involvement of controlled substances.
What are the most common charges our firm has seen?
Our firm handles a wide variety of drunk driving cases in the greater Houston area. Some of the most common kinds of DWI charges our firm sees include, but are not limited to:
- FIRST DWI
If you got a first-offense DWI this Halloween night in Texas, you can anticipate facing very serious penalties, even if this is only your first offense. For instance, for a first-offense DWI in Texas, you could spend up to one year in jail and face a fine of up to $4,000. Also, this will most likely result in your insurance premiums increasing, and you will likely have your license suspended for a period of time, too.
- SECOND DWI
With a second DWI in the state of Texas, courts will treat you as a repeat offender. Because of this, you may have your license suspended anywhere from six months to two years. Furthermore, you will most likely have to spend a year in jail and install the Ignition Interlock Device on your car.
- THIRD OR SUBSEQUENT DWI
When it comes to a third or subsequent DWI in the state of Texas, you will face very severe penalties, including a 2-year loss of your license, up to a $10,000 fine, and up to 20 years of incarceration. Somewhat clearly, this is an incredibly heavy offense and you cannot afford to fight it without the assistance of an experienced attorney.
Contact our legal team today to learn more.