| Texas DWI Law | | | | public place while intoxicated. Texas law |
| | | | defines intoxication in two different ways. |
| Driving under the influence and driving while | | | | One is not having the mental or physical |
| intoxicated are considered crimes in the | | | | capacity you normally do as a result of |
| state of Texas. This means that if you | | | | consuming alcohol or drugs. The other is |
| operate a motor vehicle in a public place | | | | having a blood alcohol concentration level of |
| while intoxicated, you can face penalties | | | | 0.08% or more due to the consumption of an |
| that include fines, jail time, and other | | | | intoxicating substance. Even if the substance |
| punishments that have the power to negatively | | | | is legal, such as a prescription drug, it |
| impact your life for a long time. If you want | | | | does not excuse you from operating a vehicle |
| to avoid these penalties, it is wise to | | | | while intoxicated. |
| contact a Texas DUI attorney immediately | | | | |
| after you have been arrested for a DUI | | | | Texas DWI Criminal Penalties |
| offense. Having a skilled Texas DUI lawyer | | | | |
| represent you is the best chance you will | | | | The penalties for a DWI conviction in Texas |
| have for being able to successfully defend | | | | increase with the number of offenses you've |
| yourself against DUI charges so you can move | | | | been convicted of and any special |
| on with your life and avoid the harsh | | | | circumstances. For a first offense, the |
| consequences of such a conviction. | | | | penalties are a fine of not more than $2,000, |
| | | | not less than 72 hours and not more than 6 |
| Texas DWI Laws and Definitions | | | | months of jail time, and not less than 24 |
| | | | hours and not more than 100 hours of |
| When you are arrested for a DWI offense in | | | | community service. If you had an open alcohol |
| Texas, two cases are triggered against you. | | | | container in your vehicle, the jail time |
| One is the criminal case where you will face | | | | increases to 6 days. Unless you have |
| criminal charges and steep penalties. In this | | | | aggravating circumstances involved in your |
| case, a prosecutor will try to show that you | | | | case, you will most likely receive a sentence |
| are guilty of a DWI offense. If you are | | | | of community supervision for a first offense. |
| convicted, you may be sentenced to jail time, | | | | Second and subsequent offenses carry |
| fines, and other penalties. The second case | | | | penalties that include steeper fines, more |
| is an administrative case where Texas's | | | | jail time, and more punishments designed to |
| licensing agency will attempt to suspend your | | | | prevent repeat offenses. The court must also |
| license for refusing to submit to chemical | | | | require an offender to install an ignition |
| testing or for taking a chemical test and | | | | interlock device in any vehicle they own for |
| failing. The administrative penalties will | | | | a required period of time. Enhanced penalties |
| depend on whether you have any prior DWI | | | | are available if you have an extremely high |
| offenses and any factors that may make the | | | | level of blood alcohol content or if there |
| penalties more severe. When it is time for | | | | are other aggravating factors present. |
| you to face your administrative hearing, | | | | |
| having a Texas DUI lawyer to handle your case | | | | Texas Driver's License Penalties |
| can be an important factor in whether or not | | | | |
| you can save your driving privileges. A | | | | You will also face administrative driver |
| skilled Texas DUI attorney is experienced | | | | license penalties if you are arrested for a |
| with both the criminal and administrative | | | | DWI offense in the state of Texas. An ALR |
| aspects of a DUI case and will be able to | | | | suspension will take effect if you are arrest |
| come up with a strategy that gives you the | | | | for DWI. Many drivers do not realize that |
| best chance of keeping your driver's license. | | | | their arrest triggers not only a criminal |
| | | | case but an administrative case when arrested |
| If you have operated a motor vehicle in a | | | | for DWI. This ALR suspension takes place when |
| public place in the state of Texas while | | | | you have refused a chemical test or you have |
| intoxicated, you will be arrested for DWI and | | | | taken a chemical test and failed with a |
| you will face all of the criminal penalties | | | | result of more than the legal limit for blood |
| associated with such an offense. This offense | | | | alcohol concentration. Texas is one of the |
| is classified as a Class B misdemeanor and | | | | many states with implied consent laws. The |
| carries criminal penalties based on the | | | | concept of implied consent means that, just |
| number of prior offenses and any special | | | | by using any roadway in Texas, you are |
| circumstances in your case. Because this | | | | implying your consent to chemical testing if |
| offense is a crime, the prosecution must | | | | arrested for DUI. If you refuse to submit to |
| prove your guilt beyond a reasonable doubt. | | | | chemical testing, you will face additional |
| To do this, the prosecutor must prove several | | | | penalties and the loss of your driving |
| elements in your case. It must be proven that | | | | privileges. |
| you were operating a motor vehicle in a | | | | |