If you have been arrested on a DWI charge in Texas, you are likely wondering what penalties you may be facing.
The potential punishments for a criminal offense typically depend on whether you have been previously convicted of the crime.
Below we will take a look at the penalties for a first and second offense DWI.
Section 49.04(b) of the Texas Penal Code makes a first offense DWI a Class B misdemeanor.
A first time offender faces a fine up to $2,000 and 72 hours-180 days in jail. Read more
In Texas, the penalties an offender faces are determined in part by whether the person has been convicted of the crime in the past.
Below we will take a look at the potential punishments and penalties an offender may face for his or her fourth DWI offense. Contact an attorney here.
Fines & Punishment
With certain exceptions, a first or second DWI offense is typically a misdemeanor. Usually a first time offense is a Class B misdemeanor and a second time offense is a Class A misdemeanor. Read more
Many Texans want to know if you can successfully defend against a DWI charge.
The answer is, you can, but probably not without hiring a DUI attorney.
Chances of Dismissal
First and foremost, you need to hire an experienced, qualified DWI attorney as early as possible in your case.
An attorney can examine the facts surrounding your case and your arrest.
An attorney that specializes in defending against DWI charges can readily discern the weak points in the State’s case and begin planning how to mount a strong defense.
Your attorney can also help you request, and subsequently defend you at, an “ALR Hearing.” When you are charged with a DWI, you often face two cases. Read more
Typically, a person is charged with a misdemeanor crime for a first or second DWI offense in Texas. Let’s take a look at when you may face a felony DWI charge in Texas.
Felony DWI – Texas
There are a number of situations in which being charged with a DWI in Texas may end in a felony conviction.
As we previously talked about, usually a first or second offense DWI results in a misdemeanor charge. Read more
Nearly every Texan has heard of, and knows a bit about, Texas’s “Open Container” laws. Below we will take a look at the Open Container laws and discuss some potential penalties.
Find a DWI attorney here.
The “Open Container” Law
Section 49.031(b) of the Texas Penal Code codifies the charge of “Possession of Alcoholic Beverages in a Motor Vehicle.” This is Texas’s Open Container law. Read more
A common source of confusion in Texas is the difference between a DWI and a DUI.
Texans often use the two terms interchangeably. However, the two offenses are largely dissimilar. Below we will take a look at how the two offenses differ.
It’s really going to depend on the jurisdiction. In some states, DWI and DUI have slightly different meanings, but I know that Louisiana law treats them both interchangeably and there is not legal difference between the two. -Danny Russell, Baton Rouge DWI Lawyer.
What is a DWI?
Driving While Intoxicated, or “DWI” for short, is a criminal offense charged under the Texas Penal Code.
An offender can be charged with a DWI if she or he has a blood alcohol concentration of .08 or higher or appears readily intoxicated.
Of the two charges, a DWI is a much graver offense.
DWI convictions can lead to hefty fines, driver’s license suspension, and/or a jail or prison sentence.
1st DWI Fine
Section 49.06 of the Texas Penal Code tells us that operating a watercraft “while intoxicated” is illegal. This is known as a “BWI” or “Boating While Intoxicated.”
What does“intoxicated” mean?
The first question is, what does it mean to be “intoxicated” under Texas Law?
Section 49.01(2)(A)-(B) tells us that intoxicated means the person has a blood alcohol concentration of .08 or more.
A great deal of Texans can tell you what the legal BAC limit is. However, many do not realize that intoxicated can also mean something else entirely. Read more
If you are arrested for a DWI in Texas, the first step is usually getting out of jail.
The good news is, this can usually be accomplished fairly quickly by posting bail. However, Texas’s bail system can be a bit confusing for those trying to understand it for the first time.
How does bail work in Texas?
Most Texans do not realize that if you refuse to take a breath or blood alcohol test in Texas, the Texas Department of Public Safety (“DPS”) can automatically revoke your driver’s license.
If you refused a test and were arrested for a DWI, you typically find yourself facing two separate cases: the criminal DWI case the State is bringing and the Administrative License Revocation (ALR) case brought brought by the DPS.
What happens at an ALR Hearing in Dallas, Texas?