We Defend Against All DWI Charges
What’s commonly called drunk driving or DUI in other states is called Driving While Intoxicated (or DWI) in Texas. According to Texas Penal Code § 49.04, a person commits a DWI offense when intoxicated while operating a motor vehicle in a public place. In Texas, DUI (or driving under the influence) is a separate crime that only applies to minors.
If you or a loved one are dealing with any of the following, it’s time to contact a knowledgeable DWI defense lawyer in Dallas.
First Offense DWI
If it’s the first time you are found driving while under the influence with a blood alcohol concentration (BAC) over 0.08, you could be charged with a Class B Misdemeanor. A BAC of 0.08 or higher is not, however required for you to be intoxicated under the law. Even if your BAC is under 0.08 (or even if it’s zero), if any substance has caused you to lose your normal mental or physical faculties, you can be charged with DWI. If your BAC is 0.15 or higher, your charge may be enhanced to a Class A misdemeanor.
Second Offense DWI
You could be charged with a Class A misdemeanor for your second DWI. This could result in mandatory jail time, higher fines, and a longer license suspension.
You could be charged with a third-degree felony for your third (or greater) DWI. This will include much steeper penalties and less court sympathy regarding alternative punishments.
DWI With Child
Driving while intoxicated with a child in the vehicle is a serious offense. It is considered a state jail felony if the child is younger than 15 years old, and you’ll be exposed to significant time in custody and a felony on your record.
DWI with a CDL
In Texas and under FMCSA guidelines, CDL holders are not allowed to operate vehicles above 0.04 BAC, half the civilian limit. The penalties for DWI, if you’re a CDL holder, vary based on the situation and the individual’s record. Pin addition to possible jail, a criminal record, and fines, perhaps most importantly, a DWI may also lead to the suspension or revocation of your CDL, impacting a CDL holder’s livelihood.
For CDL holders, a first DWI is a Class B misdemeanor, with penalties of up to 180 days in jail and a $2,000 fine. A second DWI could result in lifetime CDL disqualification and upgrades the offense to a Class A misdemeanor.
If carrying hazardous cargo when convicted, there could be a three-year suspension. In Texas, CDL holders have 15 days to request an ALR hearing post-suspension notification, so it’s important to consult a DWI attorney as soon as possible if you’re a professional driver charged with DWI.
Other DWI-Related Charges
See Our Results
Second DWI Dismissed
Our client, a combat veteran with a history of trauma and a previous DWI, wasn’t technically eligible for a pretrial diversion. We negotiated with the prosecutor to make an exception, and his case was dismissed.
Other DWI Cases
- Charge Reduction & Time-Served for DWI with Child Passenger
- Deferred Adjudication for DWI 1st with no DPS “Superfine”
Driving While Intoxicated in Dallas, TX
DWIs are amongst the most common and complicated criminal charges in Texas, with harsh punishments and stigma attached to a conviction.
DWI Penalties & Consequences
If you’re convicted of a DWI in Texas, you face incarceration, fines, and license suspensions.
- First DWI: Jail ranging from 3-180 days, maximum one-year license suspension, and up to $2,000 fine. Having an open container in the vehicle increases the minimum jail time from 3 up to 6 days.
- Second DWI: Jail ranging from 30 days to one year, maximum 2-year license suspension, and up to $4,000 fine.
- Third DWI: A prison sentence ranging from 2 to 10 years, a maximum two-year license suspension, and up to a $10,000 fine.
- DWI with a Child: Possible child endangerment charge, a 2-year max jail sentence, license suspension of 180 days, and a fine up to $10,000.
- CDL DWI: Jail ranging from 3-180 days in jail, a one-year maximum license suspension, and a $2,000 fine.
- Intoxication Assault: Prison sentence ranging from 2-10 years, license suspension, and a max fine of $10,000.
- Intoxication Manslaughter: Prison ranging from 2-20 years, license suspension from 180 days to two years, and a fine up to $10,000.