Protecting Your Freedom and Driving Privileges
Driving While Intoxicated, also called a DWI, is a very severe offense in Texas and around the country. DWI charges have the potential to endanger the public, which is why the law takes them so seriously. Even first-time offenders can face hefty fines, a license suspension, and jail time. If you have been charged with a DWI, you need a criminal defense attorney to defend your case and protect your rights.
At Drehner Law, we know how important it is to maintain your freedom and keep your driving privileges. We have helped countless clients defend themselves against DWI charges in Houston, and we are confident we can assist you, too. As a former chief felony prosecutor, Attorney Shannon Drehner is prepared to use her years of experience and prosecutorial knowledge to get you the best possible outcome in your case. For more information and to receive a free consultation, call us today at 832-626-0063.
How Does Texas Define DWI?
Individuals can be charged with a DWI if they are found driving a motor vehicle under the influence of drugs or alcohol. Any substance that impairs the normal ability to drive can lead to a DWI charge. You do not have to have a blood alcohol content (BAC) of 0.08% or more to get a DWI charge. If the police can prove that you do not have control over your faculties while driving, you can be arrested and charged.
A DWI charge is not a Driving Under the Influence (DUI) charge, although they are similar. In Texas, most DUI charges are assigned to minors who are found driving with alcohol in their system. Because it is illegal to drink alcohol under the age of 21, minors can face penalties for driving with any amount of alcohol in their system.
What Are the Penalties for a DWI Conviction?
The penalties for a DWI conviction can impact your life in many ways. In most cases, your penalties will depend on how many prior DWI convictions you have on your record.
The potential penalties for a DWI conviction include:
First DWI Offense
Up to 180 days in jail, $2,000 in fines, and up to one-year license suspension.
First DWI Offense With a BAC of 0.15% or Higher
Up to one year in jail, $4,000 in fines, and up to a year license suspension.
Second DWI Offense
Up to one year in jail, $4,000 in fines, and up to a two-year license suspension.
In addition to the prescribed fines for specific offenses, persons finally convicted of an offense relating to the operating of a motor vehicle while intoxicated shall pay one or more of the following fines:
- $3,000 for the first conviction within a 36-month period
- $4,500 for a second or subsequent conviction within a 36-month period
- $6,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time of the analysis.
Third DWI Offense
Up to ten years in prison, $10,000 in fines, and up to a two-year license suspension.
DWI With a Child Present
Up to two years in state prison and a $10,000 fine.
Intoxication Manslaughter
Up to 20 years in prison and a fine of $10,000.
How Do You Defend Against a DWI Charge?
DWI charges are serious. Our legal team will create a personalized legal defense strategy unique to your case.
There are many ways to defend against a DWI charge, including:
Challenging the Traffic Stop
Police officers must have a valid reason for stopping you in the first place. If their evidence is shaky or invalid, our team can challenge it before a judge. If the traffic stop is ruled invalid, the charges must be dismissed.
Challenging the Probable Cause
Probable cause is the reasonable suspicion held by police officers that you were driving under the influence. Field sobriety tests and other observations may be exaggerated or incorrect. Our team will investigate this evidence to determine if the case against you is invalid.
Challenging Forensic Evidence
Forensic evidence includes urine and blood samples. Our team can challenge the validity of the testing done on your samples to have this evidence dismissed.
Do I Need a DWI Attorney?
A DWI conviction can lead to fines, probation, jail time, and a loss of your driving privileges. Working with our defense team is the best way to protect your rights and get the outcome you deserve. To learn more about our services, contact Drehner Law for a free consultation by calling 832-626-0063.