5 things you need to know about DWI charges in Texas

If you are arrested for driving while intoxicated (DWI) in Texas, there are a few things you need to know. Texas is known for being tough on DWI offenses, and the penalties can be severe. A first offense can result in jail time, a large fine, and a driver's license suspension, but when prior offenses are involved, the penalties get even more severe. A DWI charge can be expensive and inconvenient, but it doesn't have to ruin your life.

In this blog post, we will discuss the basics of DWI charges in Texas and what you can expect if you are convicted.

• 5 things you need to know about DWI charges in Texas
• What is a DWI conviction?
• What are the penalties for a DWI conviction?
• Texas DWI Law
• Things about DWI charges in Texas
• 1) You can be charged with DWI even if you're not driving
• 2) Your blood alcohol level doesn't have to exceed 0.08 percent
• 3) You can fight a DWI charge
• 4) You can be charged with a felony DWI
• 5) There are two types of sentences for a DWI conviction
• Conviction without probation
• Other things that might affect your DWI case
• Strong defense with a DWI defense attorney
  

A DWI conviction is a criminal offense in Texas. A DWI is defined as driving or operating a motor vehicle while intoxicated. This means that you are legally drunk and unable to operate a motor vehicle safely.



The state of Texas takes Driving While Intoxicated (DWI) charges very seriously. In many states, a DWI is considered a misdemeanor, but in Texas, DWI is a class B misdemeanor that can become a felony if it isn't handled correctly. If you've been charged with DWI in the state of Texas, knowing your rights and having an experienced attorney on your side can make all the difference when you go to court.

The penalties for a DWI conviction vary depending on the severity of the offense and whether it is your first or subsequent offense. Under Texas Law, a DWI conviction can result in jail time, probation, fines and license suspension. If you are convicted of driving while intoxicated, the penalties can include jail time, fines, and a driver's license suspension. The penalties will depend on whether you have prior DWI convictions or other aggravating factors that make your offense more severe.



Generally, the penalties include:

• A jail sentence
• A fine
• Driver's license suspension
• Alcohol education or treatment
• Community service
  

In the state of Texas, operating a motor vehicle while intoxicated (OWI) by alcohol or drugs is illegal and punishable as a crime. The legal limit in Texas is a blood alcohol content (BAC) level of 0.08%. A BAC level of 0.08% is considered a per se violation of the law. This means that if you are at or above the limit, you can be charged with DWI. If your BAC is below that level, it does not mean you are "in the clear." If your driving indicates impairment, you may still be arrested and charged with DWI. In addition to having a BAC over the legal limit, other things that may cause an officer to arrest you for DWI include:

• Signs of intoxication
• Vehicle weaving or swerving
• Failure to maintain your lane
• Impaired speed control
• Driving at unusual hours for no apparent reason

In Texas, it is illegal to operate a motor vehicle while intoxicated. The state defines intoxication as not having the normal use of one's mental or physical faculties due to the introduction of drugs or alcohol into the body.

DWI charges are very serious offenses in Texas, and if convicted you could face harsh penalties. While every case is unique, there are some general truths about DWI charges that everyone should know.

The most common misconception about DWIs is that you must be operating a car to be arrested for driving while intoxicated. This is simply untrue: it is possible for someone to be charged with DWI even if they are not behind the wheel of a car.  If you are found to be intoxicated and in control of a motor vehicle, you can be charged with DWI, face Texas department incarceration, a state jail felony or even prison time, and lose your driver's license.

This means that you can be arrested for DWI even if you are not driving: you could be sitting in the driver's seat with the car off, you could be sleeping in the passenger seat, or you could even be parked on the side of the road. If an officer suspects that you are intoxicated, they can arrest you and charge you with DWI As long as your keys are in the ignition.

You should never drive a motor vehicle if you've been drinking. The best way to avoid a DWI is to take public transportation, call a cab, or designate a driver.

This is factually true, but only in limited circumstances. In Texas, it is illegal to drive while intoxicated by any amount of alcohol in your system  including a blood alcohol level below 0.08 percent if the police officer believes you have lost control of your mental or physical faculties due to alcohol consumption. If you refuse to submit to a blood or breath test, your driver's license will automatically be suspended for 180 days.

In other words, if an officer suspects you of being intoxicated, you can be arrested and charged with DWI even if your blood alcohol level is below the legal limit.

Many people arrested for DWI believe that they have no chance of beating the charge. This is not always true: with the help of an experienced DWI attorney, you can fight your charge in court.

As anyone who has ever been arrested for a criminal offense knows all too well, anything you say can and will be used against you. This is especially true in the context of a DWI arrest, so it is important to remember that you have the right to remain silent.

Even if you have prior convictions, is your first time DWI offense, is your second DWI offense or you have faced DUI penalties and other types of criminal charges, you still have the right to an attorney and a fair trial.

Texas DWI penalties, criminal law and DWI cases might be frightening and confusing, but it is important not to panic. The best thing to do is remain calm and remember your rights.

In Texas, a first offense DWI is classified as a misdemeanor. However, if you have been previously convicted of DWI, or if you are charged with felony DWI for any other reason, your case will be handled in a district court. If you are convicted of felony DWI, the consequences can be much more severe than a misdemeanor offense: you could face up to twenty years in prison and a $ ten thousand fine.

If you are convicted of a first offense DWI, you must know that there are two types of sentences you may face. Texas DWI laws allow for two types of sentences: conviction without probation and conviction with deferred adjudication.

A sentence without probation means you will serve jail time in addition to other penalties such as fines and license suspension. The minimum jail time in texas first offense is three days and up to 180 days. This might increase to a second degree felony with a minimum of two years in prison.

Conviction with deferred adjudication.

Deferred adjudication is an alternative to jail time. You may be sentenced to probation, fines and license suspension instead of jail time. This means you will not have a criminal conviction on your record as long as you comply with the terms of your probation.

If you’re sentenced with deferred adjudication probation (sometimes called straight probation), you will not have to serve jail time provided that you successfully complete the terms of your probation. However, once your probation ends, the conviction will appear on your criminal record unless it’s expunged or sealed.

If you violate the terms of your probation, you will be convicted and sentenced to jail time.

It’s important to note that whether or not you are sentenced with jail time depends on many factors including the circumstances of your arrest and whether or not you have a prior criminal history. Generally speaking, the more serious the DWI offense, the more likely you are to receive a jail sentence.

As we have mentioned in a previous blog, DUI and DWI are serious criminal offenses in the state of Texas, which can result in severe consequences if convicted. In addition to the factors we have discussed in this post, there are a number of other things that can affect your DWI case.

• The arresting officer's testimony
• The results of your blood or breath test
• Whether you refused to take a blood or breath test
• You had a child passenger in the vehicle (DWI with a child under 15 years of age)
• You had an open container or drugs in your car at the time of arrest
• You caused an accident that resulted in serious injury or death (DWI with a child passenger, intoxication assault, intoxication manslaughter)

If you are facing DWI charges in Texas, it is important to seek legal assistance. The attorneys at the Law Office of Rolando Cantu handle DWI cases throughout the state of Texas. Contact us today to discuss your case and learn how we can help you get the best possible outcome.

If you have been charged with DWI, it is important to know that you do not have to face your charge alone. An experienced DWI defense attorney can help you better understand your case and explain the best options for defending against a DWI charge.

At the Law Office of Rolando Cantu,  we have helped many clients charged with DWI and other intoxication offenses to reach favorable results in their cases. As a DWI defense lawyer, he understands the complex Texas DWI laws and can provide you with the strongest possible defense, an excellent attorney client relationship and legal information. Contact us today for a free consultation.

If you have been caught drunk driving, you didn't pass your sobriety test, you refused the breathalyzer or blood test, or you have any questions about your DWI case in Texas please contact us now and get the legal assistance you deserve!