Driving While Intoxicated
Driving while intoxicated is a serious crime in Texas, and you can be charged with a Class A misdemeanor or even a felony with repeated offenses. DWI Texas laws consider drivers to be legally intoxicated when their blood alcohol content levels are at or above .08. You can also be charged with a DWI if you have any illegal drugs in your system. Charges and convictions for a DWI carry heavy penalties that dramatically affect your life and 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.
Practice Areas
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.
DWI
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.
Although a first-offense DUI is only a Class C misdemeanor (meaning there’s no jail time and a maximum of $500 in fines), a conviction has heavy consequences that can carry over into a teen’s adult life. Being put on probation, performing community service, and attending alcohol awareness classes can take away from school, work, and family. And in most cases, license suspension is the same as an adult DWI case, meaning teens will have to go back to relying on others for their transportation needs, drastically reducing their freedom.
The Consequences of DWI
If you are convicted of a DWI in Texas, you could face severe consequences. With the help of an experienced DWI lawyer, however, you can avoid or lessen these penalties. Without an attorney on your side, you face the following punishments for a successful conviction:
First Offenses
First offenses for DWI charges are considered a Class B misdemeanor, as long as there is no property damage or bodily injury. While it’s possible for many drivers to reach a plea bargain with the help of their lawyer, there are still heavy penalties for being convicted. First-time offenders can expect:
- A minimum of 72 hours in jail, with a maximum of six months
- Fines up to $2000, plus additional insurance surcharges
- A minimum of 90 days’ license suspension, with a maximum of one year
Subsequent Offenses
Secondary offenses are considered a Class A misdemeanor. While not yet a felony, Class A misdemeanors carry double the penalties of a Class B misdemeanor. If you are convicted of a second DWI offense, you can expect:
- A minimum of 72 hours in jail, with a maximum of one year
- Fines up to $4000, plus additional insurance surcharges
- A minimum of 180 days’ license suspension, with a maximum of two years
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.
Don’t let a DWI conviction complicate your life. Contact the Hager Law Firm as soon as possible to begin building a strong defense that will help you avoid such drastic charges.
Driving with Open Containers
Even if you have no alcohol in your system, driving with an open container filled with alcohol 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
- Trunks
- 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.
Compassionate Assistance
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.
Passionate Advocacy
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.