Pearland DWI Lawyers

What is a DWI? In Texas, a DWI stands for “Driving While Intoxicated.” This is a type of criminal offense that occurs when an individual operates a motor vehicle while under the influence of alcohol and/or drugs.

In order to be convicted of a DWI in Texas, prosecutors must prove beyond a reasonable doubt that an individual was operating the vehicle with their blood-alcohol content (BAC) at 0.08 percent or higher, or that they were impaired due to drugs and/or alcohol. However, the BAC limit is 0.04 percent for commercial driver’s license (CDL) holders and anything above 0.0 percent for underage drivers (individuals under 21 years of age).

A conviction can result in serious consequences ranging from fines and license suspension to jail time. It’s important to understand what you’re up against if charged with this type of crime so you can make informed decisions about how to proceed with your case.

Texas Drunk Driving Laws 101 Individuals who drink and drive are subject to law enforcement pulling them over to the side of the road and administering a sobriety test. If the officer believes the person is impaired, they will arrest the driver. The officer’s opinion on whether someone is impaired is based on the driving the officer observed; the person’s speech; dexterity in getting out their driver’s license and insurance; if there is an odor of alcohol; if there are red, bloodshot, or glassy eyes; and how the person does on the three standard field sobriety tests. Then, if a driver has a blood alcohol level measuring .08% or higher, the officers will charge the driver with a DWI.

What Are the Penalties for DWI in Texas? The penalties issued by the courts depend on whether there are prior DWI offenses and how many. It’s a felony if you are charged with DWI while your license is suspended or revoked. Felonies also include a prior felony DWI conviction, a hit and run accident, or causing an accident that resulted in injuries or fatalities. Most arrests for a DWI, whether a misdemeanor or felony, result in an automatic license suspension for a specified amount of time ranging from 6 months to three years.

Following are the most common DWI penalties:

• Jail or prison, probation, supervision, and large fines
• Court-ordered alcohol programs and classes
• Suspension or revocation of a driver’s license
• Installation of a vehicle ignition interlock device (BAIID) at the driver’s expense

Following your DWI evaluation, a judge may order additional penalties of community service, restitution, and attendance at alcohol-related counseling. Underage drivers convicted of a DWI can face problems in pursuing a career or attending a school of choice due to a criminal DWI record. With a future at stake, it is essential to have a good criminal defense who can challenge the police arrest reports, sobriety test administration procedures, and other evidence produced by the prosecution.