DUI / DWI
A DWI (Driving While Intoxicated) charge in Texas carries serious legal and personal consequences. The severity of penalties depends on factors like blood alcohol concentration (BAC), prior offenses, and whether an accident occurred. Spiegelhauer Law has a Texas DWI/DUI attorney for your case.
Legal Penalties
- First Offense: Up to $4,000 fine, 365 days in jail, and license suspension up to 1 year.
- Second Offense: Up to $4,000 fine, 1 month to 365 days in jail, and license suspension up to 2 years.
- Third Offense: Up to $10,000 fine, 2 to 10 years in prison, and license suspension up to 2 years.
- Aggravating Factors: If a child under 15 is in the vehicle, penalties increase to up to 2 years in jail and $10,000 fine.
DUI/DWI FAQs
Will my driver's license be suspended? If so, for how long?
In Texas, a DWI arrest will typically trigger an administrative suspension separate from any criminal court proceedings. This is handled through the Administrative License Revocation (ALR) program.
- Failed Test (0.08+ BAC): Will usually result in a 90-day suspension.
- Refusal to Test: Typically results in a 180-day suspension.
- Important: You have only 15 days from the date of your arrest to request an ALR hearing to contest the suspension.
Can I still drive if my license is suspended?
No, driving with a suspended license in Texas is a criminal offense (DWLI). If your license is suspended, you must stop driving until you obtain an Occupational Driver’s License (ODL) or your suspension expires. Operating a vehicle without a valid license or a court-ordered ODL can lead to additional arrests and extended suspension periods.
What is an occupational license?
An Occupational Driver’s License is a restricted license that allows you to drive for “essential needs,” such as commuting to work, attending school, or performing necessary household errands. Spiegelhauer Law can help clients petition the court for these licenses, which require proof of SR-22 insurance and a formal court order.
Do I have to get an Interlock device put on my vehicle?
It is possible that the judge will require an Ignition Interlock Device (IID) as a condition of your bond or probation. An IID is often required if:
- Your BAC was 0.15 or higher.
- This is a second or subsequent DWI charge.
- The court determines it is necessary for the public’s general safety.
What if I'm not driving or don't have a vehicle?
If an Interlock device is ordered but you do not own a car, you may be required to sign an affidavit stating you will not operate any motor vehicle. In some instances, the court may order alternative alcohol monitoring, such as a portable breath-testing device or a SCRAM ankle monitor.
Will a DWI be on my record permanently?
Yes, a DWI conviction typically remains on your Texas criminal record indefinitely. However, there are options for some people to mitigate the impact:
- Expunction: Possible if your case is dismissed or you are found “not guilty.”
- Non-Disclosure: Certain first-time offenders may be eligible to have their records sealed from the general public.
What is the State Traffic Fine for a DUI/DWI?
Texas imposes mandatory State Traffic Fines for DWI convictions. These are paid in addition to court costs and other penalties:
- $3,000 for a first conviction within 36 months.
- $4,500 for a second conviction within 36 months.
- $6,000 if the BAC was 0.15 or higher.
Should I consent to give blood or breath if I'm pulled over?
Under Texas “Implied Consent” laws, refusing a test results in an automatic, longer license suspension. However, providing a sample gives the state scientific evidence to use against you. If you refuse, the officer may still seek a search warrant to obtain a blood sample forcibly. This is a critical moment in your case, and the situation’s specific circumstances are relevant: there is no one answer.
What if the police didn't let me call an attorney before deciding whether to consent?
In Texas, you generally do not have a legal right to speak with an attorney before deciding to submit to a breath or blood test. The right to counsel will apply after the initial investigation phase. However, if police procedures were violated during your arrest, a lawyer can evaluate those details to build your defense.
Can a DWI be proven without a breathalyzer or blood sample?
Yes. The prosecution can attempt to prove you were intoxicated by showing that you lost the “normal use of mental or physical faculties.” They will likely use officer testimony regarding your driving behavior, your performance on Field Sobriety Tests (FSTs), and any video footage from the scene.
How long does a DWI case take to resolve?
Every case is unique, but most Texas DWI cases will take between 6 and 18 months to resolve. The timeline depends on the county, the size of the backlog at blood-testing labs, and whether the case is resolved through a plea agreement or proceeds to a jury trial.
