TEXAS DWI FACTS AND DEFENSE
In the state of Texas a driver can be arrested for Driving While Intoxicated if a police officer can prove: 1) he had reason to pull over the car and 2) had reason to believe the driver was intoxicated. If the driver submits a blood, urine, or breathalyzer test with a Blood Alcohol Content (BAC) of over .08%.
Please note: if you are younger than 21 years of age and were charged with a drinking and driving offense, it is likely you were charged with Driving under the Influence (DUI). Nevertheless, if a police officer thought you had enough alcohol in your system to register as “intoxicated” (i.e. your BAC is greater than .08%), you can still be charged with a DWI.
The unique aspect about a DWI case in Texas is that there are simultaneous possible civil and criminal penalties. For this reason it is essential to hire an experienced defense attorney who has specialized in DWI cases in Dallas.
In the Civil Courts…
The Department of Public Safety attempts to suspend a driver’s license for no less than 90 days and no more than 1 year in a conviction. For subsequent offenses regarding alcohol and operating a vehicle, the DPS will seek license suspensions of 1 year or more.
In the Criminal Courts…
Since Texas law considers the offense a Class “B” misdemeanor the prosecutor may seek penalties for no fewer than 3 days in jail, a $2,000 fine, alcohol education classes, community service, probation and court costs. The courts may also tack on additional length to license suspensions. For subsequent offenders the penalties increase in terms of the price of the fine and the length of the jail time.
Included in doling out the punishment, the DPS is now required to collect a surcharge from individuals convicted of a DWI. For those who either did not provide a sample or provided one of 0.15 BAC or less the surcharge is $1,000 per year for three years. A cost of $2,000 dollars a year for three years I assessed to those who provided a sample of 0.16 or higher.
On another note, it is important that you channel all of the energy that you put in worrying about the consequences into educating yourself on the facts of your case and the state of Texas DWI laws. Have an experienced attorney who specializes provide you with all of the information you need to be build a strong defense.