Texas DWI Defense Attorney
In Texas, if you are caught driving with a blood alcohol concentration (BAC) level of .08% or more, you will be charged and arrested for DWI. If you are charged with a first DWI in Texas (commonly referred to as driving under the influence or DUI in many other parts of the country), you can receive very serious penalties if convicted, including possible jail time, fines, a driver’s license suspension, increased auto insurance rates, a permanent conviction on your criminal record, possible limits on educational and professional opportunities, and other collateral consequences, etc.
***Warning: After a DWI arrest in Texas, you only have fifteen (15) days to request a hearing with the Department of Public Safety (DPS) to challenge the administrative suspension of your driver’s license.
If a police officer can legally prove that you intoxicated, by operating a motor vehicle in a public place, by reason of the loss of your normal mental or physical faculties, or by a BAC of .08%, you risk losing your driver’s license, going to jail, and being convicted for DWI. To be convicted of DWI in Texas, the state must prove that you were operating a motor vehicle in a public place, and that at the time of operation you had an alcohol concentration of .08 or more; or that you did not possess the normal use of your mental or physical faculties because of alcohol, drugs, or another intoxicating substance.
DWI Definitions under Texas Law
Under Section 49.04 of the Texas Penal Code, a person commits the offense of DWI they operate a motor vehicle while intoxicated in a public place. Intoxication is defined as either having an alcohol concentration of 0.08 or not having the normal use of mental or physical faculties by reason of the introduction of alcohol;a controlled substance;a drug;a dangerous drug; or a combination of two or more of the substances listed above; or
any other substance into the body.
Section 49.04 of the Texas Penal Code Section 49.04. DRIVING WHILE INTOXICATED:
(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. (c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days. (d) If is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
Texas Penal Code Section 49.01 states intoxicated as (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (B) having an alcohol concentration of .08 or more.
Possible Punishments for Texas DWI First Offenses
In Texas, a charge of DWI if it is a first offense can result in a Class B misdemeanor charge, which is punishable by a mandatory minimum term of 72 hours in jail and a maximum of 180 days in jail, according to Chapter 12 of the Texas Penal Code. If is alleged that you had a BAC of a .15 or greater, then it can also be filed as a Class A Misdemeanor offense.
DWI – 1st: Class B Misdemeanor
The potential range of punishment: Confinement for a minimum of 72 hours, up to a maximum term of 180 days in jail, and or a fine not to exceed $2,000.
Statute: Texas Penal Code: Section 49.04
DWI – 1st (with a .15 BAC or higher): Class A Misdemeanor
The potential range of punishment: Confinement for a minimum of 72 hours, up to a maximum term of 365 days in jail, and or a fine not to exceed $4,000.00.
Statute: Texas House Bill 1199
OTHER POSSIBLE CONSEQUENCES OF A DWI CONVICTION
Incur paying the State of Texas via various DPS surcharges:
- $1000 each year for 3 years, totaling $3,000 for a Class B Misdemeanor;
- $1,500 each year for 3 years, totaling $4,500 for a Class A Misdemeanor;
- Car insurance rates could increase possibly up to 3 times for annual premiums;
- A high likelihood of having to purchase and carry an SR-22 insurance policy;
- Perhaps having to obtain a (“DLD” – or “Ignition interlock device”) installed on your vehicle;
Contact Attorney Carl David Ceder Now
Attorney Carl David Ceder Now is here to help prevent legal consequences facing your DWI matter. A DWI will affect your driving privileges for many years down the road. If you feel you were at the wrong place at the wrong time or were adversely pushed into a situation unfairly; you need the legal advice of an experienced attorney to protect your rights. You need to always remember that in every criminal case, especially involving an offense of DWI, you are innocent until proven guilty. Defending a DWI charge in the state of Texas requires an experienced DWI Defense Attorney who understands, and how has taken the time to learn how to effectively fight and contest all aspects of the case. In order to ensure that you have the best assistance in negotiating through the maze and convoluted nature of how of administrative (DPS/Civil)and criminal hearings, contact The Law Offices of Carl David Ceder for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394).
If you’ve been arrested or have reason to believe you will be charged with a charge of DWI in any county in the Dallas-Fort Worth Metroplex, including Dallas County, Collin County, Tarrant County, Denton County, & Rockwall County, call Dallas-Fort Worth Criminal Defense Attorney Carl David Ceder immediately at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at [email protected]; or to the office for general inquiries at [email protected] Attorney Carl David Ceder is a knowledgeable Texas Criminal Defense Attorney who will fight the allegations against you. You can also e-mail Carl directly, at [email protected]; or to the office for general inquiries at [email protected] Phones should be answered 24 hours a day/7 days a week for immediate and prompt assistance.