The consequences of a DWI conviction are overwhelming. A person convicted of DWI faces jail time, fines, surcharges, suspension of driving privileges, and a permanent criminal record. If you have been arrested for DWI in Austin, Georgetown, or San Marcos, you need a highly qualified DWI lawyer who concentrates in this area of the law. At Steven C. Lee & Associates we understand what you are going through. We know how important it is to fight these charges to save your reputation, your job, your family, and your future. A DWI conviction can affect the rest of your life. It is our mission to obtain a dismissal, prevent a conviction, protect your driving privileges, and get you back to your normal lifestyle. Don’t let a DWI ruin your life, call us today at 512-LAWFIRM for a free consultation of your DWI case.
Waiting to consult with a DWI lawyer can be a big mistake. Your DWI attorney will need time to investigate the details of your arrest and help you meet important deadlines. DWI charges involve many considerations, including the legality of the traffic stop and the roadside testing, the constitutionality of any search and seizure, the admissibility of your BAC, and your entitlement to refuse a breath or blood test (even during a “No Refusal” period). Call Steven C. Lee & Associates for a free consultation to discuss your case. We will give you honest legal advice and will discuss the best option available.
The Definition of Intoxication
The Texas legislature has specifically defined the term “intoxication” as it relates to DWI cases. There are two (2) definitions:
- 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. The law allows for intoxication by way of any intoxicating substance. It is no defense that the intoxicating substance was a prescribed drug; if any substance, legal or illegal, deprives a driver of the normal use of mental or physical faculties, the case may be prosecuted. Or:
- Having a blood alcohol concentration of 0.08 or more.
Texas DWI Penalties
DWI First Offense:
A first-offense includes a fine not to exceed $2,000.00 (unless a minor is in the vehicle), a jail term of up to 180 days, and a driver’s license suspension between 60-180 days. Additionally, a conviction for DWI will subject you to a surcharge by DPS of up to $2,000 per year for three years. (Class B Misdemeanor)
DWI Second Offense:
For a second offense, a conviction includes a fine of no more than a $4,000.00 (unless a minor is in the vehicle), a jail term of 30 days to one year, and a driver’s license suspension ranging from 180 days to 2 years. An ignition interlock device may be required as part of probation for a second conviction. (Class A Misdemeanor)
DWI Third Offense:
For a third offense, a conviction includes a fine not to exceed $10,000.00, imprisonment in the Texas Department of Corrections from 2 to ten years, and a driver’s license suspension from 180 days to 2 years. An ignition interlock device is mandatory on anyone with 3 or more DWI convictions. (3rd Degree FELONY)
DWI with an open alcohol container (First Offense):
In addition to the penalty referenced above there is a minimum of 6 days in jail and a fine of up to $2000.00 (Class B Misdemeanor)
DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication: This crime is called “intoxication assault”. Upon conviction you may serve a minimum of 2 years and up to a maximum of 10 years in jail. Additionally, you may have to pay a fine up to $10,000.00 (Third Degree FELONY)
DWI where a death has occurred as a proximate cause of intoxication: this crime is called “intoxication manslaughter.”
Upon conviction you may have to pay a fine up to $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxication Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies)
Administrative License Revocation (ALR) Program:
The ALR program is separate from your criminal case. The Texas Department of Public Safety will seek to have your driver’s license suspended for a period of 60 days upon arrest for driving while intoxicated (DWI) or boating while intoxicated (BWI). Texas DPS will suspend your license even if you refuse to take a blood or breath test. After an arrest, you have only 15 days to request a hearing, and if a hearing is not requested, your license will be suspended automatically.