DWI Charges in Texas

According to statistics from the Texas Department of Transportation, there were about 53 total crashes involving drivers under the influence of alcohol in Bryan, Texas in 2019. Driving while intoxicated is a very serious crime that is usually punished severely in the state of Texas. If convicted, the offender could be facing severe penalties, including hefty fines, a lengthy jail sentence, license revocation or suspension, and other life-altering ramifications.

If you are facing drunk driving allegations or if you've been arrested and charged with a DWI, it is imperative that you retain an aggressive and highly-skilled Texas criminal defense attorney immediately to protect your rights. I am dedicated to providing comprehensive legal guidance and reliable representation to individuals facing DWI charges. As your legal counsel, I will fight vigorously on your side to defend your rights, determine your best defense strategy, and fight the charges against you with all available exculpatory and mitigating evidence in pursuit of a favorable outcome in your case.

My firm, Rick Davis & Associates, is proud to serve clients throughout Bryan, Texas, and the surrounding communities of College Station, Brenham, Anderson, Navasota, Madisonville, Caldwell, Brazos County, Washington County, Grimes County, Burleson County, and Madison County, Texas.

Under Texas law, driving or operating a motor vehicle while under the influence of alcohol, controlled substances, or drugs is prohibited. Once your blood alcohol concentration (BAC) level reaches 0.08% or greater, you are considered to be legally intoxicated as it may affect your ability to drive. A person suspected to be driving while impaired by drugs or alcohol can also face DWI (driving while intoxicated) charges. The severity of your punishment for a DWI conviction will depend on whether it is your first, second, or third offense, as well as other circumstances, such as your blood alcohol concentration (BAC).

First Offense

A DWI is considered a first offense if the person has no previous drunk driving convictions. Upon conviction of a first DWI offense in Texas, the potential criminal penalties include:

  • Charge: Class B misdemeanor
  • Jail Time: From three to 180 days in a county jail
  • Fines: Up to $2,000
  • Possible Probation which may include: DWI education program, DWI Victim Impact Panel, Random drug and alcohol testing, community service, and a requirement for a Deep Lung Ignition Interlock Device installed on any vehicle that you drive.
  • License Suspension: Loss of driver's license for up to 180 days, possibly longer if you have had prior suspensions.

Also, Texas imposes an annual license surcharge of between $1,000 and $2,000 for three years on a person convicted of or put on probation for Driving While Intoxicated (DWI).

Second Offense

A DWI is considered a second offense if the defendant has one previous DWI conviction on their record. Upon conviction of a second DWI offense in Texas, the potential criminal penalties include:

  • Charge: Class A misdemeanor
  • Jail Time: From 30 days up to one year in jail
  • Fines: Up to $4,000
  • Possible Probation which may include: DWI education program, DWI Victim Impact Panel, Random drug and alcohol testing, community service, and a requirement for a Deep Lung Ignition Interlock Device installed on any vehicle that you drive.
  • License Suspension: Loss of driver's license for up to two years

Also, Texas imposes an annual license surcharge of between $1,500 and $2,000 for three years for DWI Second Offenders.

Third Offense

In Texas, a third DWI conviction may be considered a felony. Potential penalties for third (or subsequent) DWI offenses include:

  • Charge: Third-degree felony
  • Jail Time: Not less than two years nor more than ten years in state prison
  • Fines: Up to $10,000
  • Probation, which is not guaranteed, may include: DWI education program, DWI Victim Impact Panel, Random drug and alcohol testing, community service, and a requirement for a Deep Lung Ignition Interlock Device installed on any vehicle that you drive, treatment in the Texas Substance Abuse Felony Punishment Facility (SAFPF, a lockdown facility where you have to stay for at least six months), Shock Probation (which includes spending up to 180 days in prison before being put on probation).
  • License Suspension: Loss of driver's license for up to two years

Other Factors Considered

Some other circumstances that may determine the severity of your punishment after a DWI conviction include:

Accidents Resulting in Death or Injury

If the DWI resulted in the injury or death of another person, this would be a second-degree felony, at least, punishable by not less than two nor more than 20 years in state prison and a fine of up to $10,000.

A Child in the Car

If the defendant was driving while intoxicated (DWI) with a child under 15 years of age in the car, it is considered a State Jail felony, which is punishable by not less than 180 days nor more than two years in a state jail facility and a fine of up to $10,000. You will also lose your driver's license for another 180 days. 

Refusing a Blood or Breath Test

Under the state’s  "implied consent" law, all drivers lawfully arrested for driving while intoxicated are required to submit to chemical testing to determine their blood alcohol concentration or the presence of a controlled substance in the person's system.

While you are within your rights to refuse a blood or Intoxilyzer (also called a breathalyzer) test in Texas, you will face a license suspension for refusing. For a first refusal, your driver's license will be suspended for 180 days. For subsequent refusals, you could lose your driver's license for up to two years.

Trust an Experienced Attorney

Defending your drunk driving charges yourself without proper guidance or representation can potentially increase your risk of being convicted and receiving the maximum penalties when an acquittal or reduction may have been an option. If convicted, you could face hefty fines, jail time, license suspension, and other social ramifications. It is crucial that you retain an experienced Texas criminal defense attorney immediately to help protect your rights and outline an effective defense for your case.

At Rick Davis & Associates, I have devoted my career to providing outstanding legal services and defending individuals in their drunk driving cases. As a knowledgeable Texas DWI defense attorney, I will investigate the facts of your situation and outline an effective defense strategy to maximize the prospects of a favorable outcome in your case. I can fight vigorously on your side to defend your rights, protect your driving privileges, and keep your record clean. Reach out to my firm today to schedule a free consultation and put my extensive legal experience and knowledge on your side.

DWI Defense Attorney
Serving Bryan, Texas

Facing a DWI charge can be a scary, unnerving, and unsettling experience. You don't have to face your drunk driving charges alone. Contact me at Rick Davis & Associates today to schedule a free one-on-one case evaluation. I can offer you the experienced legal counsel, advocacy, and strong representation you need. My firm proudly represents clients across Bryan, College Station, Brenham, Anderson, Navasota, Madisonville, Caldwell, Brazos County, Washington County, Grimes County, Burleson County, and Madison County.


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