Has a DWI charge left you feeling lonely in the Lone Star State? What you may not realize is that a DWI charge in Texas actually triggers two separate cases. The first is the obvious criminal case and the second is an administrative license revocation case where the state seeks to take away your license. After you receive a notice of suspension form, you only have 15 days from that date to request a hearing in writing. Otherwise, you will automatically lose your license.
For a first-offense you will lose your license for 90 days if you failed a chemical test or for 180 days if you refused to take a chemical test.
You are considered DWI in Texas if you are influenced by alcohol or drugs while driving. This can be determined through field sobriety tests or poor driving observed. You are also considered DWI if you have a blood alcohol content of .08% or more. Therefore, you don’t necessarily have to be impaired to be charged with DWI!
Texas-Size DWI Penalties
You may spend 3 days to 180 days in jail for a first offense. You will face a fine of $2,000 and have to pay an annual fee of $1,000 to $2,000 for three years in order to have your license reinstated. You can also face probation for 1 year. Other penalties may be: loss of job, restricted travel, insurance problems, ignition interlock, vehicle impoundment and alcohol treatment.
Texas BAC
If the police suspect you of DWI, you will be asked to take a chemical test (breath, blood or urine). If you have a blood alcohol content of .08% or more in Texas, you are DWI. Blood tests are the most accurate, but breath tests are often given because they can be administered on scene by police.
Field Sobriety Tests
The police may ask you to take a field sobriety test. The most common are the HGN (horizontal gaze nystagmus), the one leg stand and the walk and turn. These tests help police determine if you have been drinking and driving by checking skills such as balance and any involuntary eye jerking.
Ignition Interlock
The judge may order this device to be installed in your car. You must breathe in the machine alcohol-free in order for it to start.
Zero Tolerance
If you’re DWI while under 21, you will face serious penalties such as 60-day license suspension, up to a $500 fine, 20 to 40 hours of community service and an alcohol awareness class.
Find a Qualified Texas DWI Lawyer
Texas is the second largest state and in it are many skilled lawyers who specialize in DWI cases just like yours. Find one and you may win your case.