Arrested for drunk driving in Texas (TX) – Drunk Drivers (2024)

FAQs

What can result from first offense DWI in Texas answers? ›

Penalties for a DWI in Texas first offense

With no aggravating factors present, you will likely be looking at the following criminal penalties: A fine of up to $2,000. Between 3 days and 180 days of jail time. License suspension for up to 2 years.

First offense

Up to a $2,000 fine. Up to 180 days in jail upon conviction with three mandatory days. Loss of driver license up to a year.

In Texas, if you're convicted of a DWI, you are facing up to 180 days in jail for a first offense if your BAC is under a . 15. If it is a second offense or your BAC is equal to or greater than a . 15 you are facing up to 365 days in jail.

The charges and consequences for a DWI are the same for alcohol, controlled substances, drugs, or a combination of any of these. If convicted, you could lose your driver's license, face jail time and fines, and risk losing your professional certifications.

The chances of a DWI dismissal in Texas range from 52% to 9.4%, depending on the charge type. However, it's worth noting a few things: A dismissal does not mean no punishment – sometimes there are conditions associates with a dismissal. Or the DWI will be 'dismissed', but replaced with a lesser charge.

To beat a DWI charge in Texas, you must assert and protect your constitutional rights. You must utilize due process to confront all witnesses and challenge all evidence. This means disputing reasonable suspicion, probable cause, and all forensic evidence. You can't win if you don't fight.

First offense DWIs are deemed to be Class “B” misdemeanors by the state of Texas. This means that if you are convicted, you will most likely be looking at a fine of up to $2,000, as well as up to 180 days in county jail.

House Bill 393, also known as Bentley's Law, went into effect on September 1, 2023.

Results of Chemical Tests

The results of blood, breath, or urine tests are often the most pivotal evidence in a DWI trial. The results are easy for a jury to wrap their mind around; if the resulting blood alcohol concentration is found to be . 08 or higher, the jury may find that convincing evidence.

Between community service and educational classes, there are a handful of meetings you'll be required to attend during DWI probation in Texas. You will submit to routine testing. During probation, you are expected to avoid alcohol and drugs. Your probation officer will conduct routine testing to ensure this.

Does a DUI stay on your record forever in Texas? ›

Unless your record is sealed or expunged, a Texas DWI will stay on your record forever. A conviction could result in a lifetime of complications, especially if it's a felony DWI. If you have a DWI conviction on your record, you could find it difficult to keep a job or find appropriate housing.

Can you drive in Texas after DWI? Yes, a person can drive for 40 days after a DWI offense and individuals who requested an ALR hearing can drive until after the hearing date if the administrative law judge suspends their license.

Penalties for a Texas DWI Test Refusal

While you do have the statutory right to refuse to take a blood or breath test, doing so will result in the automatic suspension of your license. Your license will be suspended automatically for: A minimum of 180 days if it is your first test refusal or.

A DUI is a Class C misdemeanor in Texas, while a DWI is a more serious Class B misdemeanor charge. DUI charges only apply to minors, defined as those under the legal drinking age of 21.

The officer will ask you to take either a blood test or breath test to establish your blood-alcohol concentration (BAC). Under the implied consent laws of Texas, if you refuse to submit to such testing, you are subject to a license suspension under the Administrative License Revocation (ALR) program.

DWI arraignment

At your arraignment hearing, a judge will read the charges against you and you will be asked to enter a plea (guilty or not guilty). Your next court dates will be set depending on your plea.

First-time DUI offenders will likely face misdemeanor criminal charges unless there are extenuating circ*mstances such as causing an accident or having a child in the car. In most cases, offenders will have their licenses suspended and be sentenced to probation.

If charged with a DWI for the first time, there is a mandatory minimum sentence. While those who drink and drive for the first time can face up to 180 days in jail, the state also imposes a mandatory three days for those convicted. It is important to note that this is just the minimum charge.

If it was a consensual blood test, then 40 days after getting noticed that you were over 0.08, then your license will be suspended. If you consented to the breath or blood tests on a first offense, it's a 90-day suspension. If you refuse to give a breath or blood, then it's a 180-day suspension.