Texas DUI/DWI: Penalties and Criminal Charge Defense

Texas DUI/DWI cases carry the potential penalties of both criminal and administrative action. Aside from the penalties associated with a specific criminal charge in violation of Texas DUI and DWI Laws, Texas is an implied consent state, meaning drivers who refuse the request of law enforcement for a chemical sample under suspicion of DUI will face an automatic license suspension of six (6) months, pending the outcome of a relatively brief administrative hearing. These penalties are in addition to any ensuing penalties related to the criminal charges as well.

Penalties upon Conviction of a Texas DUI or DWI Charge

• First Offense: Mandatory incarceration of at least three (3) days up to maximum of one hundred and eighty (180) days, fines and surcharges of at least $5,000 over the course of three (3) years (more likely incurred to complete conditions of sentence or probation), and mandatory license suspension of ninety (90) days.

• Second Offense: Incarceration of at least thirty (30) days up to one (1) year, fines and surcharges of at least $8,500 over the course of three (3) years (more likely incurred to complete conditions of sentence or probation), possibility of required ignition interlock device upon license reinstatement,  and mandatory license suspension of one hundred and eighty (80) days.

• Third Offense: Creates felony charge for third of subsequent offense, carrying penalties of two (2) to ten (10) years of incarceration, fines and surcharges well in excess of $10,000, license suspension of at least one hundred and eighty (180) days with possibility of significantly more.

A number of elevating factors exist per Texas law concerning DUI/DWI cases, including as mentioned above, refusal to submit under Texas implied consent laws, which carries a mandatory license suspension of six (6) months. Additionally, DUI/DWI zero tolerance laws are in place for drivers under the age of twenty-one (21). Finally, elevating factors include DUI/DWI with child present in vehicle (automatically elevates offense to felony) and enhanced penalties for extreme BAC (concentration higher than .15).

Texas DUI and DWI Charge Defense Methods

• On all charges, contesting the probable cause or reason for the initial traffic stop incident to arrest for DUI or DWI can potentially dismiss any evidence recovered, if the stop and search are deemed illegal at any point.

• Contest validity and accuracy of evidence, specifically blood alcohol content evidence, by probing the administration of the tests, the accuracy of the devices used, and the maintenance and performance of the device and individual administering test.

• Immediately following arrest, attending administrative hearing to contest automatic license suspension per administrative procedures in state of Texas.

Getting Legal Help with Texas DUI and DWI Defense

Aside from the criminal and administrative penalties, drivers convicted of DUI or DWI in Texas additionally face complications related to reinstatement of driver’s license, ability to maintain and find employment, and in many cases, incur numerous other costs related to increased insurance premiums and the costs of completing the conditions of one’s probation or sentence. If possible, a driver should take any measure possible to prevent conviction. Without the insight of legal counsel, a driver is without much recourse in terms of contesting evidence and negotiating plea bargains. For more information about your legal rights and options to prevent a Texas DUI and DWI conviction, consult with a criminal defense lawyer to learn more and obtain representation in your criminal case.