DWI Penalties in Texas

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The penalties for a DWI crime in Texas are stiff. The consequences will vary according to the criminal record of the defendant and the details of the crime. In Texas, an individual 21 years or older can be arrested for a DWI if their Blood Alcohol Concentration (BAC) is .08% or above. If the driver is under age 21 they can be arrested if their BAC is .02% or over. For commercial drivers, their BAC cannot be over .04% or they can be charged for a DWI as well. If you have been arrested for a DWI obtain legal representation from a San Antonio DWI defense lawyer from our firm.

Texas has a 10 year period in which any convictions within the 10 years will be considered a prior offense. The offense would be "pending" and can increase the penalties of a current offense. After 10 years it is no longer pending but remains on your criminal record. Some states allow for people facing DWI charges to plead for a lesser offense but that is not the case in Texas. The plea bargain of a "wet reckless" conviction is not allowed in Texas. This is why you need a skilled DWI lawyer to fight aggressively on your behalf.

Begin discussing your legal options today! Call The Law Office of John J. Fox to learn how we can help combat the charges you face.

Should I deny the chemical test to avoid DWI penalties?

Some people choose to deny the chemical test because they see that the penalties for refusing are less strict than the penalties of a DWI. At the same time, refusing a chemical test can be used against you in your DWI case. You might be able to avoid the DWI conviction because there is no evidence of your BAC level. But there is a possibility that you can still be found guilty for a DWI without taking a chemical test. In Texas, you can still be arrested even without submitting a chemical test. Law enforcement can arrest you as long as there is evidence to constitute probable cause for an arrest, such as slurred speech or reckless driving. After you are arrested they can further assess if you were driving while under the influence. When it comes to your hearing, the refusal of the test can be used as a piece of evidence against you. While the penalties for a DWI are harsh, refusing the chemical test is not a wise decision either.

Breakdown of DWI Penalties

The penalties are broken down by the number of offenses, such as:

First DWI Offense:

  • Jail sentence between three to 180 days
  • A fine of up to $2,000
  • License suspension lasting between 90 to 365 days
  • DWI program which can cost $1,000 each year for three years

Second DWI Offense:

  • Jail sentence between 30 days to one year
  • A fine of up to $4,000
  • License suspension lasting between 180 days and two years
  • Ignition Interlock Device installation
  • Community service between 80 to 200 hours
  • Rehabilitative treatment if prompted by the judge

Third DWI Offense:

  • Jail sentence between two to 10 years
  • A fine of up to $10,000
  • License suspension lasting between 180 days to two years
  • Ignition Interlock Device installation
  • Community Service for at least 80 hours but could be up to 200 hours
  • DWI surcharge of $1,500 each year for three years

Need a lawyer for your DWI case in San Antonio, TX?

If you are facing DWI charges it is imperative to seek aggressive representation from Attorney John J. Fox. The penalties of a DWI are strict and unforgiving and a conviction can stay on your criminal record. Our San Antonio DWI lawyers are familiar with defending clients against DWI charges and we may be able to help you in your case as well.

Call our firm today to schedule your free case evaluation and speak with one of our DWI attorneys about your specific case.

Contact the Law Office of John J. Fox