The Facts About a Houston Texas DWI
Laws & Facts About A Texas DWI
Are you interested in learning more about Texas and specifically Houston DWI laws? Here are some facts that will help you understand the facts about a Texas DWI and more importantly your rights.
Be aware, you do not have to take a breathalyzer or a blood test.
But, refusal to take these tests may result in a driving suspension for 180 days if you are a first offender.
If you have chosen to refuse the breathalyzer or blood test or you have failed one or both tests, you have 15 days to request a hearing. Without doing so, your driving privileges may be revoked.
It is more difficult to be convicted if you have refused the sobriety tests. This is because there is no concrete evidence a prosecutor can use.
Remember, you are not required to answer questions that may be incriminating if you are pulled over. These include “How many drinks have you had?” Or even asking “If you have been drinking tonight.”
In Houston, in order to be convicted, prosecutors must prove, without a reasonable doubt, that you were driving with a blood-alcohol level over the legal limit. They must also prove that you were mentally or physically unable to drive.
The minimum term of confinement for receiving a DWI is 72 hours. This is a misdemeanor, Class B.
In Texas, intoxication is classified as not being able to use your “mental or physical faculties” because you have either had too much to drink or you have taken a controlled substance. Or, it is also defined as having an alcohol concentration of about .08.
If you are under the age of 21, you may be charged with a DWI that is called zero tolerance DWI. This may happen if you have any trace of alcohol in your blood.
Remember you are always entitled to a jury trial. If you request this, all 6 members of the jury would have to find you guilty, not just one judge.
Texas DWI Punishments
First DWI Offense
- You may be charged up to a $2000 fine.
- Minimum jail of 72 hours up to 6 months.
- 90 days to a 180-day suspension of license.
Second DWI Offense
- You may be charged up to a $4000 fine.
- Minimum jail of 30 days to 6 months.
- 6 months to 2-year license suspension.
Third DWI Offense
- You may be charged up to a $10000 fine.
- Minimum jail of 2 years to 10 years.
- 6 months to 2-year license suspension.
DWI Driving With A Child Passenger That Is 15 Or Younger
- You may be charged with a fine of up to $10000.
- You face jail time of 180 days to 2 years.
Butler Law Firm Can Help
At Butler Law Firm, Mr. Butler will do anything he can to quickly and painlessly resolve the issue for his clients. He has extensive experience in dealing with DWIs and knows the laws extremely well. He will go the extra mile to make sure the issue is resolved in the best possible way for his client. Contact his office directly for a free consultation. Call now for immediate assistance.