What is a DWI in Texas?
DWI, or Driving While Intoxicated, is a charge that applies to driving a vehicle while under the influence of alcohol or drugs. Driving while intoxicated (DWI) is one of the most common criminal offenses in Texas. In Texas, a DWI is defined as driving with a blood alcohol concentration (BAC) of 0.08% or higher. Those accused of DWI face severe consequences, including jail time, driver license suspension, substantial fines, and much more.
DWI Punishments
1st DWI – Class B Misdemeanor, punishable by between 3 and 180 days in jail and/or a maximum $2,000 fine
DWI Open Container – Class B Misdemeanor, punishable by between 6 and 180 days in jail and/or a maximum $2,000 fine
2nd DWI – Class A Misdemeanor, punishable by between 30 Days and 1 year in jail and a fine ranging from $2,000 to $4,000
DWI BAC >/= 0.15 – Class A Misdemeanor, punishable by a maximum 1-year jail sentence and/or a fine of up to $4,000
DWI – Child Passenger (<15y/o) – State Jail Felony, punishable by between 180 days and 2 years in state jail facility and/or a maximum $10,000 fine
Felony DWI (DWI 3rd) – 3rd Degree Felony, punishable by between 2 years and 10 years in prison and/or a maximum $10,000 fine
Due to a variety of factors, most District Attorney Offices in the Dallas – Fort Worth Metroplex prosecute DWI cases to the fullest extent permissible under the law. We recommend hiring an experienced attorney as soon as possible to ensure that your case is being handled in a timely manner.
How to Avoid a DWI:
(1) Don’t participate in Standardized Field Sobriety Test-
horizontal-gaze-nystagmus (HGN) test
the walk-and-turn test
the one-leg-stand test.
Always speak to the Police Officers cordially and with a respectful tone. Refusing to participate in the SFST may result in being detained. Officer body cam/dash cam footage is being recorded throughout the whole incident, refrain from resisting arrest and oblige by their simple instructions to be detained.
(2) Don’t Consent to Breath/ Blood-
Politely refuse to blow into the breathalyzer. If you have already been detained they will take you to a local hospital where they will threaten to draw your blood. If you refuse to get your blood drawn the police officers will have to obtain a warrant for your blood. Depending on the time of day, this can take anywhere from an hour to a few hours to obtain. We recommend waiting patiently and refraining from speaking to any nursing staff or officers.
(3) Don’t Answer Questions-
Always give the officers your government name, however avoid any questions pertaining to how many drinks you’ve had or where you are coming from or going to. Small talk with police officers seems harmless but is recorded and later on can be used against you.
DO NOT DRIVE WHILE INTOXICATED
Driving While Intoxicated is dangerous for yourself and others, it also can be very costly. We recommend scheduling an Uber/Lyft service ahead of time to limit the amount of drinks had. This allows for you to have fun while also staying responsible and safe.
If you or a loved one are facing a DWI offense, you need a dedicated criminal defense lawyer to be on your side! A DWI Conviction carries substantial prison time, permanently stains your criminal record, and results in numerous collateral consequences.
The Law Offices of David Sloane have prepared and experienced attorneys ready to FIGHT FOR YOU!
Our Tarrant County Criminal Defense Lawyers have helped thousands of clients fight DWI cases in Texas and throughout the greater Dallas – Fort Worth Area, such as: