League City DWI Defense Lawyer
Driving While Intoxicated (DWI) is a serious criminal offense in Texas, with repercussions that could negatively impact your ability to work and live your life as before. In many ways, a DWI conviction can impact your life much more severely than a conviction for other more “serious” offenses. Before you give any statements or make any pleas, it’s important to speak with a legal professional who can counsel you on your options and represent you for the best result. In the Galveston Bay area, contact John Reed, Attorney at Law, for personal attention and excellent representation from an experienced and successful League City DWI defense lawyer.
What Is DWI in Texas?
DWI is defined in the Texas Penal Code § 49.04. Under this law, a DWI occurs when an individual operates a motor vehicle in a public place while intoxicated. Furthermore, intoxication can be established in one of two ways:
- Impairment: The driver does not have the normal use of mental or physical faculties due to alcohol, drugs, or any other substances.
- Blood Alcohol Concentration (BAC): The driver has a BAC of 0.08% or higher.
Section 49.04 makes it clear that any driver found to be impaired or over the legal BAC limit while driving can face DWI charges. It is important to note that DWI does not just pertain to alcohol but also includes impairment caused by controlled substances, prescription drugs, or a combination of substances.
DWI with a Child Passenger
Under Texas Penal Code § 49.045, the penalties for a DWI offense are significantly enhanced if a child under the age of 15 is a passenger in the vehicle at the time of the offense. This is considered a state jail felony, carrying heavier punishments including possible jail time, fines, and the suspension of driving privileges.
DWI vs. DUI in Texas
Though the two terms are often used interchangeably in other states, DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) have distinct meanings in Texas. The primary difference lies in the age of the offender.
- DWI: This charge applies to drivers aged 21 and older who operate a vehicle while intoxicated by alcohol or drugs, or who have a BAC of 0.08% or higher.
- DUI: Under Texas law, DUI is a separate charge that applies specifically to drivers under the age of 21. Texas enforces a zero-tolerance policy for underage drinking, meaning any detectable amount of alcohol in a minor’s system can result in a DUI charge, regardless of impairment. DUI in Texas is sometimes referred to as DUIA (Driving Under the Influence of Alcohol), but it has the same effect as DUI.
While DUI charges are generally misdemeanors and carry less severe penalties than DWI charges, they can still result in fines, community service, and a suspension of driving privileges. However, if an underage driver’s BAC exceeds 0.08%, they could face DWI charges instead of, or in addition to, DUI.
Possible Defenses to a DWI Charge
A skilled criminal defense lawyer will assess every aspect of a DWI case to determine the best defense strategy. Some of the common defenses to DWI charges in Texas include:
1. Challenging the Traffic Stop
For a DWI arrest to be lawful, the officer must have had reasonable suspicion to make the initial traffic stop. If the officer lacked a valid reason, the stop and any evidence obtained may be inadmissible in court.
2. Disputing Field Sobriety Tests
Field sobriety tests are often used by officers to determine if a driver is impaired. However, many of these tests are subjective and nonscientific and can be challenged. Factors such as medical conditions, fatigue, or even uneven road surfaces may have contributed to a failed test rather than intoxication.
3. Questioning the Accuracy of BAC Testing
Breathalyzers and preliminary alcohol screens are not foolproof. A criminal defense lawyer can challenge the accuracy of the test results by examining whether the equipment was properly calibrated, if the officer followed protocol, or if other substances might have skewed the results.
4. Rising Blood Alcohol Defense
Sometimes, a driver’s BAC may be below the legal limit at the time of driving but may rise above 0.08% by the time the test is administered. This could occur if the driver recently consumed alcohol before being pulled over. A defense lawyer can argue that the driver was not legally intoxicated while operating the vehicle.
5. Involuntary Intoxication
If the driver unknowingly consumed alcohol or drugs, such as when a beverage is spiked, this may be a valid defense against a DWI charge.
DWI Penalties in Texas
Driving while intoxicated (DWI) in Texas is a serious criminal offense that carries significant legal penalties. Whether it’s your first offense or you’ve had prior convictions, the consequences of a DWI conviction can have lasting impacts on your life, freedom, and finances. John Reed, Attorney at Law, helps individuals facing DWI charges by protecting their rights and providing advice and representation geared toward getting the best result. Contact us today to review your case with an experienced and successful League City DWI defense lawyer.
What Is DWI in Texas?
Under Texas law, you can be charged with DWI if you are caught operating a motor vehicle in a public place while intoxicated. Intoxication is typically defined as having a blood alcohol concentration (BAC) of 0.08% or more, but you can also be considered intoxicated if your physical or mental abilities are impaired due to alcohol, drugs, or a combination of substances, regardless of BAC. Texas takes DWI charges seriously, and the penalties increase in severity based on the circumstances of the offense.
Penalties for a First-Time DWI Offense
For most individuals, a first-time DWI is classified as a Class B misdemeanor. However, certain aggravating factors, such as a BAC of 0.15% or higher, can elevate the offense to a Class A misdemeanor. Below are the typical penalties for a first-time DWI offense in Texas:
- Fines: You could face fines of up to $2,000. If your BAC is 0.15% or higher, the maximum fine increases to $4,000.
- Jail Time: A first-time DWI conviction may result in a jail sentence of three to 180 days.
- Driver’s License Suspension: You may lose your driver’s license for up to one year. Additionally, the court may impose an annual surcharge of $1,000 to $2,000 for three years to retain your license.
- Community Service: Offenders are typically required to complete 24 to 100 hours of community service.
- DWI Education Programs: Completion of a DWI education program may be mandated by the court. In some cases, the installation of an ignition interlock device (IID) on your vehicle may be required.
Penalties for a Second DWI Offense
If you are convicted of a second DWI offense, the penalties increase significantly, no matter how long ago the first offense occurred. A second DWI is generally classified as a Class A misdemeanor, and the following penalties may apply:
- Fines: Fines can reach up to $4,000.
- Jail Time: You could face a jail sentence ranging from 30 days to one year.
- Driver’s License Suspension: A second offense typically results in a driver’s license suspension of up to two years, along with the possibility of annual surcharges to keep your license.
- Community Service: The required community service hours increase to a minimum of 80 and can go up to 200 hours.
- Ignition Interlock Device (IID): For a second offense, the court will likely require you to install an IID on your vehicle, which prevents you from starting your car if alcohol is detected on your breath.
Penalties for a Third DWI Offense
A third DWI conviction is classified as a third-degree felony in Texas. The penalties for a third offense are much harsher and can include:
- Fines: You could face fines of up to $10,000.
- Prison Time: A third DWI conviction can result in two to 10 years in prison.
- Driver’s License Suspension: Your license could be suspended for up to two years, with an annual surcharge of $1,000 to $2,000 for three years to retain your driving privileges.
- Community Service: The court may require you to complete 160 to 600 hours of community service.
- Ignition Interlock Device (IID): Mandatory installation of an IID on your vehicle is highly likely for third-time offenders.
Additional Consequences of a DWI Conviction
Beyond the legal penalties, a DWI conviction can impact your life in other ways. A criminal record can make it difficult to secure employment, housing, or professional licenses. In some cases, you may face increased car insurance rates, or your policy could be canceled altogether. It’s also important to note that Texas imposes additional penalties for certain aggravating factors, such as driving with a child passenger, causing an accident while intoxicated, or having prior DWI convictions.
DWI with a Child Passenger
If you are caught driving while intoxicated with a passenger under the age of 15, the offense is upgraded to a state jail felony. Penalties include up to two years in state jail and a fine of up to $10,000.
Intoxication Assault
If you cause serious bodily injury to another person while driving intoxicated, you can be charged with intoxication assault, a third-degree felony. This offense carries a prison sentence of two to 10 years, as well as fines of up to $10,000.
Intoxication Manslaughter
If a DWI results in the death of another person, you can be charged with intoxication manslaughter, a second-degree felony punishable by two to 20 years in prison and fines up to $10,000.
Defending Against DWI Charges
Every DWI case is unique, and the penalties you face depend on the facts of your case, including your BAC level and other evidence, whether you have prior DWI convictions, and if any aggravating factors were present. John Reed, Attorney at Law, understands DWI charges and works diligently to examine all aspects of your case. Potential defenses may include challenging the legality of the traffic stop, questioning the accuracy of BAC test results, or arguing that your rights were violated during the arrest.
If you are facing DWI charges in League City, having an experienced criminal defense lawyer like John Reed on your side can make a significant difference in the outcome of your case. Contact our office today at 281-928-8228 to schedule a free consultation and discuss your legal options.
League City DWI FAQs
If you have been charged with Driving While Intoxicated (DWI) in Texas, you likely have many questions about the legal process, potential consequences, and what to do next. Attorney John Reed is here to provide answers to some of the most common questions about DWI charges in League City, Texas. For personalized advice tailored to your specific situation, contact John Reed, Attorney at Law, for personal attention from an experienced and successful League City DWI defense lawyer.
What Is DWI in Texas?
In Texas, Driving While Intoxicated (DWI) refers to operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol or drugs. Texas law takes DWI offenses seriously, and even first-time offenders can face harsh penalties.
What happens if I refuse a breath or blood test?
Under Texas’ “implied consent” law, drivers who are lawfully arrested for DWI are required to submit to a chemical test, such as a breath or blood test, to determine BAC. Refusing to take the test can result in an automatic suspension of your driver’s license for up to 180 days, even if you are not ultimately convicted of DWI. While refusing the test could limit the evidence against you, the fact of a refusal to test could be used against you as well.
What are the penalties for a first-time DWI offense in Texas?
A first-time DWI conviction in Texas can result in:
- Fines up to $2,000
- Jail time ranging from 3 to 180 days
- A driver’s license suspension of up to 1 year
- An annual fee (up to $2,000) to retain your license for three years
- DWI education or intervention programs
These penalties can increase if certain aggravating factors are present, such as having a child passenger or a BAC significantly above the legal limit.
Can I get a DWI conviction removed from my record?
In Texas, DWI convictions generally cannot be expunged or sealed through the process of non-disclosure. However, if your case was dismissed or you were acquitted, you may be eligible for an expunction, which removes the charge from your criminal record.
Will a DWI affect my insurance rates?
Yes, a DWI conviction is likely to cause your auto insurance rates to increase significantly. In addition, you may be required to file an SR-22 form with the Texas Department of Public Safety to prove that you have the minimum required insurance coverage. This can make it more difficult and costly to obtain auto insurance.
Can I drive after a DWI arrest?
If you were arrested for DWI and your license was suspended, you may be eligible for an Occupational Driver’s License (ODL). An ODL allows you to drive to specific places, such as work, school, or to complete essential household errands. You must apply for an ODL, and certain restrictions and requirements apply.
What defenses are available in a DWI case?
There are several potential defenses in a DWI case, depending on the circumstances. Some common defenses include:
- Challenging the legality of the traffic stop
- Questioning the accuracy of the breathalyzer or blood test results
- Arguing that field sobriety tests were improperly administered
- Proving that your rights were violated during the arrest or investigation
An experienced criminal defense attorney like John Reed can evaluate your case and develop a defense strategy tailored to your situation.
Can I be charged with DWI if my BAC is below 0.08%?
Yes. In Texas, you can be charged with DWI even if your BAC is below 0.08% if the officer believes that you are intoxicated or impaired by alcohol or drugs and unable to operate a vehicle safely. This is in contrast to a “per se” DWI charge, where you can be guilty of DWI with a BAC at or above 0.08% regardless of impairment. Officers may use field sobriety tests, observations of your behavior, and other evidence to support the charge.
How long does a DWI stay on my record in Texas?
A DWI conviction in Texas stays on your criminal record permanently. This can affect your ability to find employment, secure housing, or obtain professional licenses. That’s why it’s important to have an experienced DWI attorney by your side to fight the charges and protect your future.
Should I hire an attorney if I’m charged with DWI?
Yes. A DWI charge in Texas carries serious consequences, including potential jail time, fines, and long-term impacts on your personal and professional life. John Reed, Attorney at Law, has extensive experience defending clients against DWI charges in League City, Texas. He can help you understand your rights, navigate the legal process, and work to achieve the best possible outcome for your case.
How a Criminal Defense Lawyer Can Help
Being charged with DWI in Texas can have severe consequences, including hefty fines, a suspended driver’s license, and even jail time. Additionally, a DWI conviction can have long-lasting effects on employment, housing, and personal reputation.
John Reed, a League City criminal defense attorney with a great deal of experience handling DWI cases, can provide invaluable assistance in a DWI case by:
- Examining the Arrest: He will review the circumstances of the traffic stop and arrest to see if law enforcement followed proper legal procedures.
- Analyzing Evidence: Whether it’s field sobriety tests or BAC results, a defense lawyer can scrutinize the evidence for any flaws or inconsistencies.
- Negotiating for Lesser Charges: In some cases, an attorney can negotiate with prosecutors to reduce the charges from DWI to a lesser offense, which may carry fewer penalties.
- Fighting for Your Rights: Throughout the legal process, a criminal defense lawyer advocates for the client’s rights, striving for the best possible outcome, whether that means dismissal of charges, a reduction in penalties, or acquittal.
Contact Attorney John Reed for Strategic, Effective Help With DWI Defense in League City
If you have been charged with DWI in Texas, the consequences can be severe, but a knowledgeable criminal defense lawyer can help protect your rights and fight the charges. John Reed is an experienced League City DWI lawyer, defending individuals facing DWI accusations and will work tirelessly to achieve the best possible result for your case. Contact us today by filling out our online form or calling 281-928-8228 for a free consultation.