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misdemeanor-felony-dwiIn Texas, driving while intoxicated (DWI) means drunk driving, and the state uses your blood alcohol concentration (BAC) to determine whether you’re too intoxicated to operate a motor vehicle. Texas is an “implied consent” state, meaning that if you are arrested for the DWI, you must take a chemical test to determine your BAC. You are not required to take any field sobriety tests or chemical tests if you have not been arrested. However, if an officer has probable cause to believe that you are driving while intoxicated, you can be arrested for a DWI and be required to submit to testing. If you have been arrested, your refusal to take a chemical test will result in a 180 day license suspension. The fact that you refused to take a chemical test can also be used as evidence against you in court. Once you have taken a chemical test, the authorities will determine whether you can be charged with a DWI.
 
 
Below are the state’s BAC limits:

21 years old or older: 0.08%
Commercial drivers: 0.04%
Younger than 21 years old: Any detectable amount.
Alcohol can affect you based on the number of drinks you’ve had, your body weight, and even your gender. Check out the TX blood alcohol percentage charts to learn more.

Offenses: DWI Alcohol or Drugs

First Offense

Up to a $2,000 fine.
Jail time between 3 days and 180 days.
License suspension for up to 2 years.
Annual surcharge up to $2,000 for 3 years to keep your license.
DWI intervention or education program (see below).
Possible ignition interlock device (see below).

Second Offense

Up to a $4,000 fine.
Jail time between 1 month and 1 year.
License suspension up to 2 years.
Annual surcharge of up to $2,000 for 3 years to keep your license.
DWI intervention or education program
Possible ignition interlock device

Third Offense

Up to a $10,000 fine.
State prison time between 2 years and 10 years.
License suspension up to 2 years.
Annual surcharge of up to $2,000 for 3 years to keep your license.
DWI intervention or education program
Possible ignition interlock device

Texas requires multiple DWI offenders to attend a DWI intervention program. The course is 32 hours-long and covers topics related to lifestyle choices, responsibility, a study of the effects of drugs and alcohol on family dynamics and individual thinking, and planning for the future through the use of treatment options, 12-step groups, and relapse prevention. Some offenders may also be required to use an ignition interlock device in order to be allowed to drive. An ignition interlock device requires drivers to submit to a breath test in order for the vehicle to start.

A conviction of DWI is a very serious offense in Dallas, Texas. Individuals not only face legal repercussions, but financial ones as well. If you’ve been arrested for a DWI, it is important to seek proper representation by a lawyer. The Law Offices of Robert Gregg will take the time to review the details of your arrest and determine whether the officers involved had proper probable cause to arrest you. Contact our firm today to protect your rights.

 
 

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