Bryan DWI Attorneys

SERVING CLIENTS THROUGHOUT BRAZOS County

A driving while under the influence (DWI) charge is a serious criminal offense in Texas. Just being arrested for this crime can affect the status of your driver’s license and ability to drive. A conviction could result in jail time, more expensive insurance premiums, fines, a loss of job opportunities, and more. 

Because of the severity of a DWI charge, it is important to seek the help of an experienced lawyer if you are facing one. At Rick Davis & Associates, our DWI lawyer in Bryan has defended clients for more than 30 years. If you have been arrested or charged with DWI in the College Station area, do not hesitate to contact us. 

What Counts as DWI in Texas

Operating a car or motor vehicle while under the influence of alcohol or drugs is considered DWI in Texas. To be “under the influence” of alcohol, a person’s blood-alcohol concentration (BAC) must be 0.08 or higher. There are exceptions to this rule. If a person is under 21 and driving with any measurable BAC, they are considered “under the influence.” Additionally, if a person's mental or physical capacities are impaired due to alcohol or drugs—regardless of their BAC or any other measurement—they are “under the influence” in the eyes of the law. 

Texas DWI Penalties 

Below you will find information about the specific penalties a DWI conviction carries:

• A first-time offense is a Class B misdemeanor. It could lead to a license suspension, fines of up to $2,000, and up to 180 days in jail. 
• In cases where a person’s BAC is over .15, a first-time offense is a Class A misdemeanor. It could result in a year-long license suspension, fines of up to $2,000, and up to a year in jail. 
• A second-time offense is a Class A misdemeanor. It could lead to a 2-year license suspension, fines of up to $4,000, and up to a year in jail. 
• A third offense is a third-degree felony. It could result in a 2-year license suspension, fines up to $10,000, and between 2 and 10 years in prison. 

DWI Driver’s License Suspensions

If a person has been arrested for DWI, the Texas Department of Public Safety (DPS) will suspend their license automatically for 90 days. The only way to stop this from happening is by requesting an Administrative License Revocation (ALR) hearing within 15 days of arrest. During this hearing, a defendant can challenge the validity of the arrest and possibly preserve their right to drive. 

Should the state move forward with the license suspension, there is still one other option for keeping certain driving privileges. Individuals who have been arrested for DWI may obtain an occupational license, which allows them to drive to and from work and make other essential trips. The state only grants occupational licenses once within 10 years. 

How Does an Officer Determine if a Person Is Under the Influence?

If a car is driving unusually slow or fast or swerving across lanes, police officers can pull the driver over and investigate a potential DWI. During the stop, officers can administer various tests to determine if the driver is impaired by alcohol or drugs. Common field sobriety tests include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests. Officers may also request that the driver take a breath or blood test to determine their BAC. 

Can You Refuse a Breathalyzer or Blood Test in Texas?

In Texas, drivers have the right to decline field sobriety tests, but this carries potential consequences. Police, judges, and juries could see a refusal as an admittance of guilt. Failing to take a breath or blood test after being arrested can also lead to a suspension of driving privileges for up to 180 days, with a two-year suspension for repeat offenders.

Schedule a free consultation to discuss your case by calling (979) 701-2888 or sending us a message online. We serve clients in Bryan, College Station, and elsewhere in Brazos County.