DWI Defense

In Texas, a person is legally intoxicated and may be arrested and charged with Driving While Intoxicated (DWI) with a .08 BAC (blood or breath alcohol concentration). However, a person is also intoxicated if they’ve lost the normal use of their mental or physical faculties due to alcohol or other drugs regardless of BAC.

Punishment for DWI varies depending on the number of convictions:

First Offense

  • A fine of up to $2,000
  • Three days to 180 days in jail
  • Loss of driver license up to a year
  • Annual fee of $1,000 or $2,000 for three years to retain driver license

Second Offense

  • A fine of up to $4,000
  • One month to a year in jail
  • Loss of driver license up to two years
  • Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver license

DWI with a Child Passenger

  • You can be charged with child endangerment for driving while intoxicated if you’re carrying passengers younger than 15 years old. DWI with a child passenger is punishable by:
    • A fine of up to $10,000
    • Up to two years in a state jail
    • Loss of your driver license for 180 days

Third Offense

  • A $10,000 fine
  • Two to 10 years in prison
  • Loss of driver license up to two years
  • Annual fee of $1,000, $1,500, or $2,000 for three years to retain driver license

*After two or more DWI convictions in five years, you must install a special ignition switch that prevents your vehicle from being operated if you’ve been drinking.

http://www.ncdd.com/index.cfm