What You Need To Know About A DWI in Texas
The state of Texas has recently begun cracking down hard on DWIs. If you’re caught driving while intoxicated in Texas, you face some of the toughest penalties in the country. One important thing to remember is even if you are arrested for a DWI in Texas, that arrest doesn’t automatically make you guilty.
DWI In Texas Is Serious
Texas law provides for very severe penalties if a person is convicted of a DWI. According to a Texas Department of Transportation fact sheet, the penalties for a DWI conviction will depend on whether it is a first offense or if the person has more than one Texas DWI conviction.
The blood alcohol concentration (BAC)level for a DWI in Texas is .08 or higher. If you are stopped and your surpasses this number, you will be arrested for a DWI.
What If You’re Not A Texas Resident?
It doesn’t matter if you don’t live in Texas. If you are arrested and charged with a DWI in the state, you must face the same penalties as a Texas resident. If you are a Texas resident and charged with a DWI in another state, you will face that state’s penalties and could face penalties in Texas as well.
Again according to a Texas Department of Public Safety fact sheet, a resident of Texas convicted of a DWI in another state may lose their driving privileges in Texas. The law also states that anyone who loses their driving privileges or has them suspended in another state is automatically ineligible for a driver’s license in Texas. This means a DWI conviction in another state that results in the forfeiture of a driver’s license could make the Texas resident unable to get a license in Texas, too.
How To Get Your Driver’s License Reinstated
There are ways to get your license reinstated in Texas, but it is best to work with an attorney experienced in dealing with Texas DWI laws. Our Houston Texas DWI attorneys can help.
DWI Penalties In Texas
If you are arrested in Texas and charged with a DWI, the first thing you should do is hire Houston Texas DWI attorneys. It doesn’t matter if you’re not a Texas resident, you will still have to deal with Texas DWI laws and being from another state can further complicate the issue. The punishment if you are convicted will depend on if you’ve ever been convicted of a DWI in the past.
Penalties for a first DWI conviction in Texas can include:
- Between 3 and 180 days in jail
- Up to a $2,000 fine
- Forfeiture of your driver’s license for up to a year. You may also be required to pay a fee to retain your license.
Penalties for a second DWI conviction in Texas include:
- Between one month and one year in jail
- Up to a $4,000 fine
- The forfeiture of your driver’s license for up to two years. You may also be required to pay a fee to retain your license.
Penalties for a third or more DWI conviction in Texas include:
- Between two to ten years in jail
- Up to $10,000 fine
- The forfeiture of your driver’s license for up to two years. You may also be required to pay a fee to retain your license.
Additionally, if you are convicted of a DWI more than two times in five years, you will be ordered to install a switch in your vehicle that is designed to prevent you from starting the vehicle if you’ve been drinking.
If you are stopped and arrested for a DWI in Texas, you will face Texas penalties. It doesn’t matter if you are a resident of Texas or a visitor from another state or country.
If I get pulled over for DWI in Houston what rights do I have? Obviously, the best way to prevent a DWI charge is by not drinking and driving. If however, you do drive after having a glass of wine with dinner or drinking a beer with a friend and you’re pulled over for DWI in Houston, then you will need to know what your rights are.
You are not required by law to agree to take a breath test or blood alcohol test and you do have the right to refuse to do so. But there are consequences that you’ll have to deal with if you choose to refuse. Your refusal to take the test will result in the automatic suspension of your license. The suspension lasts for 6 months.
When you are stopped you are not required by law to answer any questions asked by the officer. Regardless of whether you are pulled over for some other traffic violation or you are stopped at a DWI checkpoint and the officer-involved feels you may be intoxicated, you don’t have to answer their questions. You are required to give them your license and the car registration but you do not have to tell the officers where you were before being stopped, you don’t have to tell them where you’re going, and you’re not required to answer if you consumed any alcohol or how much.
If the law enforcement officer asks you to take a field sobriety test, you can refuse to do so. If the officer asks you to follow an object with your eyes, to walk a straight line, to repeat the alphabet forwards or backward, or to count numbers, you are not required under the law to do any of these things or to comply with the officer’s request. In short, you are not required to submit to any field sobriety test. Refusing the officer will likely result in your being arrested but experienced Houston Texas DWI attorneys can help you with your case.
Can Houston Texas DWI Attorneys Help?
The instant that you are charged with suspicion of driving while intoxicated in Texas you should call an experienced defense lawyer to handle your case. The lawyer can help make sure that all your rights are properly and effectively protected. The prosecutor and the police are not on your side. They are specifically looking for any evidence that can support their case against you when you go to court. Regardless of whether it’s a DWI or any other criminal charge, or with causing injury to another person, the court and the DA’s office are never your friends.
The charge of DWI is very rarely an open and shut case. You may think if a blood test or breathalyzer shows that you have drugs or alcohol in your system that there’s nothing you can do to fight the charges. That is what the District Attorney’s office would like you to believe but it’s not the case. There are even cases where the evidence can be shown to have been done incorrectly which can result in it being excluded from the court case.
An experienced attorney can make sure that all the evidence is handled exactly as it should be and if it’s not, that it’s not included in the case against you. They can help you to get your driving privileges back even before your court case has concluded. But it’s important that you contact an attorney quickly because there are time constraints on how long you can take before filing for those privileges. Your attorney can represent you in court to compel the court to give you back your privileges so that you can continue working and providing for your family. These are just some of the services that an experienced attorney can help you with when you’ve been charged with DWI in Texas.
Butler Law Firm has experienced Houston Texas DWI attorneys that are dedicated to your defense and are capable of getting you the best possible outcome. If you have a charge against you of DWI in Texas then don’t delay. Get a free consultation by calling or contacting us today.