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DWI Laws in Texas

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For more than 30 years, we have had one mission: providing outstanding criminal defense to those who have entrusted us with their representation. If you’ve been arrested and need an experienced criminal defense attorney, contact the law office of Gunter, Bennett, and Anthes today.
For more than 30 years, we have had one mission: providing outstanding criminal defense to those who have entrusted us with their representation. If you’ve been arrested and need an experienced criminal defense attorney, contact the law office of Gunter, Bennett, and Anthes today.
DWI Laws in Texas
Published On: Apr 24, 2023
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By Gunter, Bennett and Anthes

Driving While Intoxicated (DWI) is a serious offense in Texas, and can result in hefty fines, license suspension, and even imprisonment. In this blog post, we’ll discuss the DWI laws in Texas, including penalties, fines, and what to do if you are arrested for DWI.

Please note that DWIs can be complicated, as can the consequences of getting a DWI trigger. You should consult with one of the attorneys in our office to discuss the specifics of your case.

What is DWI?

In Texas, DWI is defined as operating a motor vehicle in a public place while intoxicated. Intoxication is defined as having a blood alcohol concentration (BAC) of 0.08% or higher, or being impaired due to the consumption of alcohol or drugs (or a combination of the two). It is important to note that the legal limit for BAC is lower for drivers under the age of 21 and for commercial drivers.

Penalties for DWI in Texas

The penalties for DWI in Texas vary depending on the number of offenses and other factors, such as the BAC level at the time of the offense.

Here’s a breakdown of the penalties for a first-time DWI offense in Texas:

A fine of up to $2,000

A jail sentence of up to 180 days

License suspension for up to one year

Surcharges to retain your license

For a second DWI offense, the penalties increase:

A fine of up to $4,000

A jail sentence of up to one year

License suspension for up to two years

Surcharges to retain your license

For a third DWI offense, the penalties become even more severe:

A fine of up to $10,000

A jail sentence of up to 10 years

License suspension for up to two years

Surcharges to retain your license

Arrested? Get Legal Help Immediately

If you are arrested for DWI with a BAC level of 0.15% or higher, the penalties are also increased.

A fine of up to $4,000

A jail sentence of up to one year

License suspension for up to two years

Surcharges to retain your license

In addition to these penalties, a DWI conviction can also have other consequences, such as increased insurance rates, difficulty finding employment, and damage to your reputation.

What to do if you are arrested for DWI in Texas

If you are arrested for DWI in Texas, it is important to take the situation seriously and take immediate action to protect your rights. Here are some steps you should take if you are arrested for DWI:

  • Hire a DWI lawyer : A DWI lawyer can help you understand your legal rights and the charges against you. They can also help you navigate the legal system and work to minimize the penalties you face.
  • Attend your court hearing: It is important to attend your court hearing and comply with all court orders. Failure to appear in court can result in additional penalties.
  • Consider a plea bargain: In some cases, a plea bargain may be offered by the prosecution. This involves pleading guilty to a lesser charge in exchange for a reduced sentence.
  • Install an ignition interlock device: If your license is suspended, you may be required to install an ignition interlock device in your vehicle. This device measures your BAC before allowing you to start the car, and can help prevent future DWI offenses.

Conclusion

In Texas, DWI is a serious offense that can result in harsh penalties, fines, and license suspension. If you are arrested for DWI, it is important to take immediate action to protect your rights and minimize the consequences you face.

Gene Anthes
About the Author:
Gene Anthes

Gene has been practicing criminal law since 2005. He is a former Travis County prosecutor and now practices criminal defense in Central Texas. He is a graduate of the University of Texas at Austin and South Texas College of Law. In his spare time he enjoys boat building and woodworking. He is married and has two daughters.

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