Finding A DWI Lawyer in Texas
Driving while intoxicated (DWI) is a serious offense in Texas. If you’ve been arrested for DWI, it is important to hire a top-rated DWI lawyer in Texas as soon as possible. Anyone caught driving while impaired can face significant penalties including legal, financial, and personal consequences.
The state has strict DWI laws and penalties designed to discourage drivers from driving under the influence of drugs or alcohol. Despite these measures, however, DWI charges continue to be a significant issue in Texas. We will explore the rate of DWI arrests in the state over the past few years, the penalties for a DWI arrest, and discuss how getting a Texas DWI lawyer can help you beat a DWI charge.
DWI vs DUI in Texas
In the state of Texas, the terms DWI and DUI are often used interchangeably but they have distinct legal meanings and implications. Knowing the difference between DWI DUI in Texas can help you know the risks, penalties, and the next step to take.
The primary difference lies in the severity of the offense and the age of the driver. DWI is applied to adults and minors who are severely impaired, while DUI is typically reserved for minors who have any amount of alcohol in their systems. Both charges are serious and carry significant legal penalties, including the potential for fines, imprisonment, and loss of driving privileges.
DWI in Texas
DWI is the more serious of the two offenses. Under Texas law, a person commits a DWI offense if they are operating a motor vehicle in a public place while intoxicated. “Intoxicated” is defined as lacking the normal use of mental or physical faculties due to the consumption of alcohol or drugs, or having a blood alcohol concentration (BAC) of 0.08% or higher.
DWI convictions can result in substantial fines, imprisonment, mandatory alcohol education programs, and driver’s license suspension or revocation. Multiple DWI offenses result in progressively severe penalties and a DWI with a minor in the vehicle can be charged as a felony.
DUI in Texas
DUI is a term used more commonly for minors under the age of 21 who are caught driving with any detectable amount of alcohol in their systems. Texas has a zero-tolerance policy for underage drinking and driving. Even if a minor’s BAC is below the adult legal limit of 0.08%, they can still be charged with a DUI.
A DUI in Texas is generally considered less severe than a DWI but still carries significant consequences such as driver’s license suspension and fines. The charge does not generally result in jail time for a first offense, but it can still have long-lasting implications, especially for minors.
Rate of DWI Arrests in Texas
According to the Texas Department of Public Safety, there were 82,597 DWI arrests in Texas in 2020. This number represents an increase from 2019 when there were 98,497 DWI arrests. The COVID-19 pandemic likely played a role in the significant decrease between 2019 and 2020 since there were much fewer people on the roads during the lockdown.
The number of DWI arrests in Texas has remained relatively consistent over the past few years. However, these statistics indicate that DWI charges continue to be a significant issue in Texas. Despite efforts to reduce impaired driving, many drivers still choose to get behind the wheel after consuming drugs or alcohol.
The consequences of a DWI charge can be severe, including fines, license suspension, and a criminal record. Additionally, a DWI conviction can have long-lasting effects on your personal and professional life, including difficulty finding employment and increased insurance premiums.
Penalties for a DWI Arrest in Texas
If you are charged with a DWI in Texas, the penalties you face will depend on several factors. These factors include your blood alcohol concentration (BAC), the number of prior DWI convictions you have, and any aggravating factors, such as causing an accident or injury while driving under the influence. Penalties escalate with severity from minor Misdemeanor DWI charges to very serious Felony DWI charges.
Here are the penalties for a DWI in Texas:
First DWI in Texas
A first-offense DWI in Texas is classified as a Class B misdemeanor. The offender faces a minimum of 72 hours to a maximum of 180 days in jail. However, if an open alcohol container is found in the vehicle, the minimum jail time starts at 6 days.
- A fine of up to $2,000
- Driver’s license suspension for up to 1 year
- Mandatory alcohol education or treatment
- Possible jail time of up to 180 days
Second DWI in Texas
A second DWI in Texas is categorized as a Class A misdemeanor. Jail time ranges between 30 days to 1 year.
- A fine of up to $4,000
- Driver’s license suspension for up to 2 years
- Mandatory alcohol education or treatment
- Possible jail time of up to 1 year
Third DWI in Texas
A third DWI in Texas is a third-degree felony. It carries a term of imprisonment ranging from 2 to 10 years.
- A fine of up to $10,000
- Driver’s license suspension for up to 2 years
- Mandatory alcohol education or treatment
- Possible jail time of up to 10 years
Fourth DWI in Texas
A fourth or subsequent DWI is also a felony but may result in an enhanced sentencing. This depends on the judge’s discretion and the specifics of the case. Imprisonment terms can exceed 10 years.
- Fines can exceed $10,000
- Permanent revocation of the driver’s license is possible
- Installation of an ignition interlock device is mandatory
- Mandatory participation in an Alcohol Education Program and potentially long-term alcohol treatment programs
Additional Penalties
For all DWI offenses, a surcharge may be applied to retain the driver’s license, ranging from $1,000 to $2,000 per year for three years. A DWI with a child passenger under the age of 15 is considered a state jail felony, irrespective of the number of prior offenses. In many cases, DWI probation, community service, and alcohol treatment programs may be part of the sentencing or may be offered in lieu of jail time or fines.
It is important to note that these penalties are not exhaustive and may vary depending on the circumstances of your case. Additionally, DWI convictions can have long-lasting effects on your personal and professional life, including difficulty finding employment and increased insurance premiums.
How A Texas DWI Lawyer Can Help
A DWI lawyer has a thorough understanding of Texas DWI laws and can explain the charges you are facing and the potential consequences. DWI laws in Texas are complex and can be challenging to understand, especially for someone who has never been charged with a DWI before. A DWI lawyer can help you understand the charges against you and the potential penalties you may face if convicted.
Top Texas DWI Lawyers
If you are facing a DWI charge in Texas, it is essential to seek the help of a qualified DWI lawyer. A DWI lawyer can provide you with the legal knowledge and representation you need to defend yourself against a DWI charge. A Texas DWI lawyer can help you keep your driving privileges and protect your record from a possible felony charge. Call today for a free consultation.
More Texas DWI Resources
If you need a DWI lawyer in a certain city in Texas, we also have pages for DWI lawyers in cities across the state. Read our helpful and informative articles below to find a Texas DWI lawyer near you. Also, you can call 1-888-839-4384 anytime for a free consultation.
Find The Top-Rated DUI Lawyers Near You
We have listings for the top DUI lawyers in all 50 states and the District of Columbia. Find the best DUI lawyer for you by clicking on your state here.
