What Could Happen After My First Charge For DWI?

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Many people in Texas enjoy having a few beers at the sports bar or having a glass of wine at dinner.  Unfortunately, if you drive home after having a few drinks and you get pulled over, your likely going to be charged with a DWI.

The first thing to expect is that you are going to be arrested.  If there is not a sober driving to take control of your vehicle, it will be impounded.  So not only do you need to bond yourself out of jail, your going to pay to get your vehicle back.

In most cases, your drivers license will be confiscated and you will be given a temporary driving permit.  The Administrative License Revocation (ALR) suspension starts forty days after the arrest unless the person requests a hearing for an occupational license within 15 days of the arrest.

As long as your blood or breath alcohol concentration is below .15, you are over 21 years of age, there were no children in your vehicle at the time and you were not involved in an accident, you will likely be charged with a Class B misdemeanor.

The Class B misdemeanor will include probation up to two years, monthly probation fees, court costs, a fine up to $2,000.00, complete all classes and counseling ordered by the court and probation office and community service hours at a place determined by the probation office.  The court may also require you pay to have an ignition interlock installed in your vehicle and to pay a monthly charge to maintain it.

This does not include how your vehicle insurance will be affected, or what will happen with your employment.  If you’ve had a few drinks, call a friend to come get you, call a taxi or Uber.  If you don’t one of your next calls needs to be to an attorney.  Drive safe.

Daniel L Morris, The Morris Law Firm, (214)357-1782 info@themorrisfirm.net

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Texas DWI: Driving While Intoxicated

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In Texas, a person is legally intoxicated and may be arrested and charged with Driving While Intoxicated (DWI) with a .08 BAC (blood or breath alcohol concentration). However, a person is also intoxicated if impaired due to alcohol or other drugs regardless of BAC.

If you do not have a commercial drivers license, did not have an accident or child in the vehicle while driving intoxicated, the penalty ranges are as follows:

1st Offense

  • Up to a $2,000 fine.
  • Jail time between 3 days and 180 days.
  • License suspension for up to 2 years.
  • Annual surcharge up to $2,000 for 3 years to keep your           license.
  • DWI intervention or education program.
  • Possible ignition interlock device.

2nd Offense

  • Up to a $4,000 fine.
  • Jail time between 1 month and 1 year.
  • License suspension up to 2 years.
  • Annual surcharge of up to $2,000 for 3 years to keep your license.
  • DWI intervention or education program.
  • Possible ignition interlock device.

3rd Offense

  • Up to a $10,000 fine.
  • State prison time between 2 years and 10 years.
  • License suspension up to 2 years.
  • Annual surcharge of up to $2,000 for 3 years to keep your license.
  • DWI intervention or education program.
  • Possible ignition interlock device.

The Morris Firm, info@themorrisfirm.net, (214)357-1782