DWI is a Serious Crime

A knowledgeable attorney can protect your rights.

Driving while under the influence of alcohol or drugs (DWI) is a serious crime in Texas. If you are charged with DWI, you not only face criminal penalties, but also civil penalties in a separate administrative action. Under the civil law, you are subject to an administrative license revocation (an ALR).

An experienced criminal defense attorney can help you fight both the criminal charge and the administrative penalties. Because there are strict time limits within which you must act, it is important that you contact an attorney immediately following your arrest.

What is the legal blood alcohol limit for a DWI?

In Texas, you will be charged with DWI if you are caught driving with a blood alcohol concentration of .08 or more. You may also be charged with a DWI if you are thought to be driving while impaired due to alcohol or drugs, regardless of your blood alcohol concentration.

What if I fail or refuse to take the test?

If you fail a blood or breath test, and this is your first offense, you will automatically lose your driver's license for 90 days. If you refuse to take a blood or breath test at the request of a law enforcement officer, you will automatically lose your driver's license for 180 days. If your driver's license has previously been suspended, you could lose your license for up to two years. However, a criminal defense lawyer can request a hearing and fight the license suspension.

What are the penalties for a DWI conviction in Texas?

  • First Offense (Class B misdemeanor )
    • Fine up to $2,000
    • 3 to 180 days in jail
    • Loss of driver's license for up to one year
    • Annual fee of $1,500 to $2,000 per year for three years to keep your driver's license (DWI surcharge)
  • Second Offense (Class A misdemeanor)
    • Fine up to $4,000
    • One month to one year in jail
    • Loss of driver's license for up to two years
    • Annual fee of $1,500 to $2,000 per year for three years to keep your driver's license (DWI surcharge)
  • Third Offense or more (3rd degree felony)
    • Fine up to $10,000
    • Confinement for 2 to 10 years in prison
    • Ignition interlock device on your car as condition of bond and your occupational license
    • Annual fee of $1,500 to $2,000 per year for three years to keep your driver's license (DWI surcharge)
  • DWI with a child passenger under 15 years old (State jail felony)
    • 180 days to 2 years in jail
    • Fine up to $10,000
  • DWI where serious bodily injury occurred (3rd degree felony)
    • 2 to 10 years in jail
    • Fine up to $10,000
  • DWI where a death has been caused (2nd degree felony)
    • 2 to 20 years in jail
    • Fine up to $10,000

How can an attorney help me?

If you are charged with DWI, you are actually fighting two separate cases: the criminal case and the administrative case. Each case has its own penalties, its own deadlines, and its own requirements. An attorney experienced in DWI defense can help you challenge both cases, do everything possible to save your license, and ensure that your rights are fully preserved.

To discuss your case with an attorney experienced in DWI defense, contact us today. The Law Office of Kris Davis-Jones serves clients in Austin and its surrounding communities, including Round Rock, Pflugerville, Westlake, Lakeway, Buda, Kyle, Bastrop, Elgin, Georgetown, San Marcos, New Braunfels, Lockhart, and San Antonio.