Each year, hundreds of thousands of Texas drivers are arrested for driving under the influence of narcotics or alcohol. While DWI (driving while intoxicated) arrests don’t always bring jail time, they do carry severe consequences. Knowing what to expect may help defendants prepare for court cases and decide whether to obtain legal representation.
DWI: What Is It?
As previously mentioned, DWI stands for “driving while impaired” or “driving while intoxicated”. Drivers can face DWI charges if they’re caught operating motor vehicles on public roads while they’re under the influence of drugs or alcohol. As far as DWIs are concerned, “intoxicated” has two meanings.
- A person ingested narcotics, alcohol, or other substances that impaired their physical or mental function.
- The defendant’s BAC (blood alcohol concentration) is above the state of Texas’ legal limit of .08%. For most people, that limit is easy to reach with just a few drinks.
If either of these scenarios apply to a case, an Austin DWI Lawyer can provide valuable advice and the legal counsel needed to deal with the legal ramifications of a DWI arrest.
Administrative Penalties for a First DWI in the State of Texas
In most instances, when a person is charged with a criminal offense, the charges themselves carry no punishment. In simpler terms, one is not penalized when they’re charged; they only face sanctions when a conviction occurs. In the state’s legal system, convictions come with a plea entrance or a guilty verdict in court.
On the other hand, DWI charges carry immediate and severe consequences. If you are lawfully arrested for operating a motor vehicle under the influence of drugs or alcohol, the arresting officer can enforce an administrative penalty at the scene of the offense.
After a person fails a field sobriety test, the most significant administrative penalty is the confiscation of their driver’s license. Once law enforcement officers have taken the offender’s license, they issue a suspension notice. After a defendant receives such a notice, they have 15 days to contest the suspension and request an administrative hearing.
If a person is convicted of a DWI in Texas for the first time, license suspension is the most significant administrative penalty. A driver may lose his or her license for anywhere from 90 days to one year, depending on the circumstances of the case. Additionally, they must pay a yearly license surcharge of $1000-$2000 for up to three years following the DWI offense.
The Effects of a DWI on a Defendant’s Occupation
When a driver faces their first DWI in the state of Texas, they may receive an occupational license that allows them to drive while their license is suspended. However, these licenses are only available to new offenders. They’re intended to help drivers get to where they have to be, such as work, school, medical facilities, and other places necessary to the operation of a household.
To qualify for a temporary driver’s license, one must prove that their financial responsibilities require the use of a motor vehicle. Drivers receiving these hardship licenses must install what’s known as an ignition interlock device on each vehicle they use, except for those used solely for work purposes.
First DWI Criminal Penalties
In cases where an offender’s BAC was less than .15%, their first offense will usually be deemed a Class B misdemeanor. These offenses carry penalties such as:
- A driver’s license suspension ranging from 90 days to one year
- Fines of up to $2000
- A jail sentence ranging from three days to six months
In many cases, Texas judges will decline to sentence these drivers to jail. Rather, they’ll place first-time DWI offenders on probation, which comes with strict regulations and rules. Some judges impose other penalties for first DWIs, such as community service or educational programs.
Notes on Non-Disclosure
If a person is dealing with their first DWI charge in Texas and they had a BAC of less than .15%, they may be eligible for non-disclosure. This means the record of the offense cannot be accessed by certain parties. While an offender can apply for it as soon as two years after they’ve completed probation, they must still install an ignition interlock device and keep it for six months before they can receive non-disclosure.
Enhancement of DWI Charges
There are a few circumstances in which the above sanctions are not applied. In the sections below, we will describe other punishments for DWI in the state of Texas.
- If a person drives with a BAC over .15%, they may receive Class A misdemeanor charges. These convictions bring higher fines up to $4000, as well as the possibility of a one-year jail sentence.
- If an offender drove with minors in the vehicle at the time of the charge, they face severe penalties. They may go to state prison for up to two years, and they might face fines as high as $10,000.
In cases where offenders cause accidents while they’re driving impaired, the punishment will be stricter depending on the outcome of the event. For instance, if an accident causes severe injuries to a person, the offender may face two to 10 years in prison.
However, if a DWI accident causes a fatality, the offender may go to prison for up to 20 years. Other enhanced charges may be applicable in cases where offenders drive with revoked licenses, suspended licenses, or excessive speed.
How First-Time Offenders Can Fight DWI Charges
If a person faces their first DWI charges in the state of Texas, the consequences may be long-lasting and severe. Anyone driving with a BAC under .15% will face fines up to $4000, as well as possible jail time. Those with BACs over .15%, with minors in the vehicle, or those who have caused harm to others face even stiffer penalties. However, getting charged with a first DWI doesn’t mean life is over. It is possible to fight (and beat) DWI charges. Call a local lawyer today to learn how to reduce or eliminate DWI charges and resume a normal way of life. We look forward to serving you.
