Driving while intoxicated is a serious crime in Texas. DWI Texas laws consider drivers to be legally intoxicated when their blood alcohol content levels are at or above .08. Charges and convictions for a DWI carry heavy penalties that dramatically affect your life and the routine of your family.
DWI charges have varying punishments depending on the number of offenses a driver has, as well as whether or not their driving caused property damage or bodily injury. The less damage a DWI charge carries, the more forgiving penalties will be.
The Hager Law Firm is here to help, with experienced and knowledgeable DWI Lawyers who will fight to help you navigate the court process for DWI charges.
There are several sections and subsections that make up DWI laws in Texas, each of which requires a different approach when facing charges. The Hager Law Firm is dedicated to providing assistance for all types of the following offenses.
Although the terms “DWI” and “DUI” are often used interchangeably, they are different charges under Texas law. Driving under the influence is a term only applicable to drivers under the age of 21. If a minor driver is found to have any alcohol in their system, even if it’s below the .08 legal limit, they can be charged with a DUI offense. Because of Texas’ zero-tolerance policy, drivers under the age of 21 are not legally allowed to drive with any alcohol in their system. Minor drivers can still be charged with a DWI if their BAC is over .08.
First offenses for DWI charges are considerably lesser than consecutive offenses, as long as there is no property damage or bodily injury. Most drivers are given a plea bargain that further reduces the penalties. First offenders must spend a minimum of 72 hours in jail, but could face a maximum of six months of jail time. Drivers will also be required to pay a fine of up to $2000. First offenders can have their licenses suspended anywhere from 90 days to a year.
Second offenses for DWI charges double the penalties of first offenses, meaning a maximum of one year in jail with two years of license suspension. Secondary offenses are considered a Class A misdemeanor. Any further convictions are classified as third-degree felonies. Third-degree felonies carry a maximum jail time of ten years with a state fine of up to $10,000.
Driving with Open Containers
Even if you have no alcohol in your system, driving with an open container filled with alcohol content still violates Texas state laws. Texas penal code 49.031 defines an open container as “a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.”
Texas DWI laws consider a driver to be driving with an open container if the container is in the passenger area. Open containers are not considered in the passenger area if they are in the following spaces:
- Locked glove boxes or similar storage containers
- Space behind the last upright seat of a vehicle (if the vehicle has no trunk)
Why Choose The Hager Law Firm for Your DWI Charge?
Everyone makes mistakes, and sometimes those mistakes can greatly affect your life and family. Jail time, fines, license suspension, and even the time it takes to attend court proceedings can all impact your future. With the help of a qualified Texas DWI attorney, you can quickly move through the process and get your life back on track again.
At The Hager Law Firm, we understand that not everyone is perfect. We don’t judge our clients; we just help them find a way forward. When you work with a DWI Lawyer from The Hager Law Firm, you get a compassionate advocate for your defense.
Understanding of Texas DWI Laws
A DWI charge includes several court appearances and procedures within the DMV. This process can be lengthy and confusing. At The Hager Law Firm, we’ve been through the process before and can help you understand your next steps as you go through it yourself.
The court may see you as just a number, but we see you as a person worth fighting for. When you choose The Hager Law Firm to help your defense, you get a team of passionate advocates who will work tirelessly to help you fight charges, lower penalties, and work through the court procedures.
Contact The Hager Law Firm for Consultation
If you face DWI charges, don’t face them alone. Contact The Hager Law Firm at (903) 466-0001 to get a consultation with a qualified and experienced Texas DWI Attorney.
What our clients say
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