Driving while intoxicated, also known as a DWI, is a criminal offense that is relatively common in most areas of Texas and the greater United States. Few experiences can be more nerve-wracking than having a couple of drinks with your buddies after work, only to be pulled over by a police officer on your way home. If a police officer pulls you over for a suspected DWI, you may be asked to perform a few tests that will be used to determine whether you are impaired by alcohol or another substance. While it is true that these kinds of tests do not have 100 percent accuracy, they are usually accurate in the vast majority of cases. So, if you have been arrested and charged for a first-time DWI in Texas, it is essential to be aware of the penalties you may face if you are convicted.

It can be easy to feel like all hope is lost if you have been charged with DWI. However, it is important to understand that qualified legal representation can assist you in fighting the charges and working towards a reduced sentence or dropping the charges altogether. If you have been charged with DWI, contact an experienced DWI defense attorney who will work to ensure your rights are protected while also pursuing a favorable case outcome in your favor.

Failing or Refusing a Chemical Test

The first penalty for failing or refusing a chemical test for blood alcohol concentration (BAC) is an ALR, also known as an Administrative License Revocation. For example, if you submit to chemical testing and your BAC is above the legal limit of 0.08 percent, your license will be suspended for a period of 90 days. On the other hand, if you decide to decline a chemical test, you may face a license suspension of 180 days. Notably, getting your license suspended through an ALR is separate from any added penalties you may up against related to your first-offense DWI.

It is well-known that DWI arrests tend to increase around any major holiday. When people are in a festive mood and out celebrating, they tend to drink more. Halloween is one of the more casual holidays, and for many, one of the most fun. Most adults only have a reason to dress up in a costume once each year and strive to make the most of their Halloween festivities. Unfortunately, nothing brings an abrupt end to a celebration like a DWI arrest. While you would be far from alone, the consequences of a DWI can be harsh. Texas is not known for light sentencing. Even as a first and only offense, a DWI can leave a mark on your record that closes doors.

If you are one of the hundreds who will be arrested for drunk driving this Halloween, it is important to take the matter very seriously and make finding a good criminal defense attorney a top priority. A DWI conviction could follow you for a lifetime like a haunting you cannot get rid of. 

Alarming Statistics About Drunk Driving Accidents on Halloween

Drunk driving can have serious penalties in Texas. Not only could you face jail time, but you are very likely to lose your driver’s license for some time. You may also face difficult collateral consequences, such as difficulty finding a job after a potential employer runs a background check. If you are accused of a DWI, it is important to fight back with help from an attorney. 

While the justice system may be set up for some forgiveness for a first mistake, if you are facing your second driving while intoxicated (DWI) charges in Texas, you are definitely at risk for some serious consequences. The penalties are harsher, the sentencing less forgiving, and you are staring down the possibility of a felony charge if you are arrested a third time.

Unfortunately, a repeat DWI charge suggests to the court and prosecutors that you failed to learn your lesson the first time. With this in mind, it is essential that you work with an aggressive, experienced Texas DWI defense attorney who can provide the representation you need.

Second Texas DWI Punishments

A second DWI is charged as a Class A misdemeanor, with increased penalties from a first DWI. The punishments that you are facing with a second DWI conviction include:

If you have been pulled over by the police on suspicion of driving while intoxicated (DWI), you may rightfully be nervous. You will be asked to perform a series of tests to determine whether you are impaired. While the tests do not have perfect accuracy, they can determine intoxication most of the time. It is important to know the penalties that you may face following a first-time DWI and hire a trusted attorney who can help fight for a reduced sentence or dropped charges.

Failing or Refusing a Chemical Test

The first penalty that you may face is an Administrative License Revocation (ALR). If a post-arrest chemical test to determine your Blood Alcohol Content (BAC) shows a BAC of 0.08 percent or higher, you will have your driver’s license suspended for 90 days. If you refuse to submit to a chemical test to determine your BAC, you are facing a 180-day driver’s license suspension. Losing your license through an ALR is separate from any additional criminal penalties that you may face.

Additional Criminal Penalties for a First-Time DUI in Texas

If you are charged with a first-time DWI offense, you are facing a Class B misdemeanor. Under Texas law, the penalties could be as high as 180 days in jail, $2,000 in fines, or both. However, judges will often grant first-time offenders community service or probation following a guilty plea or verdict, which will allow them to resume their daily activities. Community service requirements include:

 Driving while intoxicated by alcohol is a criminal offense in all fifty states, but states vary in terms of criminal penalties. In Texas, a first-time DWI offense is punishable by a maximum fine of $2,000, loss of driving privileges, and jail time. Texas is unique in that, unlike many other states, there is a minimum jail sentence for DWI even if the offender has never been arrested for drunk driving in the past. Penalties for second and third drunk driving convictions are punished more severely and penalties may include months or years in prison.  

If you were charged with drunk driving in Texas, contact a criminal defense lawyer for help. Your attorney can evaluate your situation and determine which defense strategies are most likely to yield favorable results in your case.  

Possible Defenses to Drunk Driving Charges in Texas

Each case is different and there is no foolproof way to defend against DWI charges. Some of the possible defense strategies a DWI defense attorney may have at their disposal include: