DWI (Driving While Intoxicated)

What is Considered DUI in Texas?

The main difference between DWI charges and DUI charges is the age of the person charged. For those under 21 years old, driving under the influence of any detectable amount of alcohol or drugs is an offense. Therefore, for those under 21, the state doesn’t need to prove intoxication but the presence of any alcohol or drugs.

How common are DWI and DUI Charges in Texas?

In 2020, the number of arrests for DWI/DUI was 60,906. Of those arrests, 7.3% of persons charged were under the age of 21.

What are the Penalties for DWI Charges in Texas?

DWI charges are typically a Class B misdemeanor. For individuals charged with their first offense, the potential punishment is between 6 and 180 days in jail, a fine of up to $2,000, license suspension of 90 days to 1 year, and an annual fee of up to $2,000 for 3 years to retain your driver’s license.

For individuals charged with their second offense, the potential punishment is between 1 month and 1 year in jail, a fine of up to $4,000, license suspension for at least 1 year, and an annual fee of up to $2,000 for 3 years to retain your driver’s license.

For individuals charged with their third offense, the potential punishment is 2 to 10 years in prison, up to a $10,000 fine, license suspension for 1 to 2 years, and an annual fee of up to $2,000 for 3 years to retain your driver’s license.

Being charged with DWI with a blood alcohol concentration of 0.15 or more can lead to a higher penalty even on the first charge as the offense is a Class A misdemeanor with a potential sentence of up to 1 year in jail and a fine of up to $4,000. The penalty for DWI can also be enhanced if there is a child under 15 in the vehicle. DWI with child passenger is a state jail felony which carries a punishment of 180 days to 2 years in state jail and a fine of up to $10,000.  

What are the Penalties for DUI Charges in Texas?

A DUI charge is typically a Class C misdemeanor which brings a maximum fine of $500 and the potential for a 60 day driver’s license suspension. However, prior DUI convictions and the use of certain illegal drugs can increase the level of the offense.

What is the range of punishment for DWI and DUI in Texas?

While a sentence is on the table for most DWI charges and some DUI charges, there are other options available for individuals charged with these crimes. In Texas, qualifying first-time offenders can plead guilty or no contest to DWI in exchange for a deferred judgment or a probationary period which would allow the charge to be dismissed upon the successful completion of the probation period. Additionally, individuals may be ordered to complete mandatory community service hours.

What are the Defenses to DWI and DUI Charges in Texas?

A good DWI attorney will strategize to get the best outcome for your case based on your priorities and history. Defense strategies can include challenging the validity of sobriety tests, challenging any blood or breathalyzer tests, seeking to suppress evidence that might have violated the accused’s state and federal constitutional rights, and negotiating with the prosecution. Depending on the facts of your case, there may be affirmative defenses available to you such as duress, necessity, involuntary intoxication, and/or insanity.

How do you Beat DWI and DUI Charges in Texas – Hire a DWI Attorney in Houston, TX Today

Consult with a DWI attorney right away. As you can tell, even DWI charges can have a significant impact on your life, livelihood, and freedom. The attorneys at Walker & Taylor can provide experienced legal representation to help fight the charges. Contact the firm for a free case evaluation by calling (281) 668-9957 today!