Tuesday, January 10, 2012

Driving While Intoxicated (DWI): Definitions and Penalties


What is a Charge of DWI?

 

· If you possess a regular driver’s license, and you are found to have been driving in Texas with a Blood Alcohol Content (BAC) of 0.08% or higher, then you may be charged with DWI, or Driving While Intoxicated;

 

· It is important to note that the definition of DWI is simply that one’s physical and/or mental faculties were impaired while he or she was driving. As such, the charge of DWI is not limited to only being a charge involving intoxication from alcohol. It can also arise out of intoxication from drugs, including illegal narcotics or even legal prescription drugs.

 

· If you are found to have been driving in Texas with a BAC of 0.12% or higher, then you may be subject to higher penalties for DWI than if your BAC was only higher than 0.08% (but below 0.12%);

 

· If you are the holder of a Commercial Driver’s License (CDL), and you are found to have been driving any vehicle in Texas, commercial or otherwise, with a BAC of only 0.04% or higher, then you may be charged with DWI. In this case, a conviction will result in an automatic revocation of your CDL;

 

· If you are found to have been driving in Texas with a BAC of 0.08% or higher (0.04% or higher for Commercially Licensed Drivers), and you caused an accident resulting in specific injuries, then you may be charged with Intoxication Assault;

 

· If you are found to have been driving in Texas with a BAC of 0.08% or higher (0.04% or higher for Commercially Licensed Drivers), and you had a child under the age of fifteen in the vehicle with you at the time, you may be charged with a State Jail Felony DWI with a Child Passenger;

 

· If you are found to have been driving in Texas with a BAC of 0.08% or higher (0.04% or higher for Commercially Licensed Drivers), and you caused an accident where death occurs, you may be charged with Intoxication Manslaughter;

 

 

DWI Penalties:

 

A First Offense DWI is a “Class B” Misdemeanor that may lead to the following penalties:

 

· A fine of up to $2,000;

· Incarceration (Jail) for up to 180 days;

· Suspension of your driver’s license;

[A qualified attorney may be able to secure an Occupational Driver’s License (a restricted non-commercial license issued to persons whose Class C license has been suspended or revoked for certain offenses) for you depending on the circumstances of your case.]

· Mandatory participation in alcohol education classes;

 

A Second-Offense DWI is a “Class A” Misdemeanor that may carry to the following penalties:

 

· A fine of up to $4,000;

· Incarceration (Jail) for up to one year;

· A lengthy suspension of your driver’s license;

· A defined period of community service;

 

A Third-Offense DWI is a Third Degree Felony that may carry the following penalties:

 

· A fine of up to $10,000;

· Incarceration (Jail) for up to ten years;

· A significantly lengthy suspension of your driver’s license;

· Possible defined period of community service;

· Installation of Ignition Interlock Device on your vehicle, and the assessment of an initial installation fee and recurring monthly monitoring fees;

· Possible Inpatient Substance Abuse Treatment;

· Possible Extended Probation depending on completion of classes on alcohol education with an agreement to undertake a mandatory prescription of Ant-abuse;

 

Intoxication Assault is a Third Degree Felony that may lead carry the following penalties:

 

· A fine of up to $10,000;

· Incarceration (Jail) for up to ten years;

· A significantly lengthy suspension of your driver’s license;

· Possible defined period of community service;

 

Intoxication Manslaughter is a Second Degree Felony. It may carry the following penalties:

 

· A fine of up to $10,000

· Incarceration (Jail) for a minimum of two years, up to a maximum 20 years;

· Possible defined period of community service and/or mandatory classes on alcohol education;

· Permanent revocation of your Driver’s License;

Print
Author: Andrew Sullo
0 Comments
Please login or register to post comments.
I understand that by submitting my contact information to Sullo & Sullo LLP for review, I consent to receive telephone, email, and text messages regarding this legal matter as well as marketing for any other potential legal matters in the future without limitation unless terminated by me in writing. Standard messaging and data rates apply.
Receive an Immediate Response
ANDREW SULLO IS A TOP 100 NATIONAL TRIAL LAWYER 2013 • 2014 • 2015 • 2016 • 2017 • 2018 • 2019
Obtener una Respuesta Inmediata
Andrew Sullo – 100 Mejores Abogados Nacional | 2013 • 2014 • 2015 • 2016 • 2017


#1

ON YELP'S LIST OF THE
BEST 10 LAWYERS IN HOUSTON*

*APRIL 2019 THROUGH SEP 2020



Andrew Sullo has been named a

TOP 100 NATIONAL TRIAL LAWYER*
2013-2020

*BY THE NATIONAL TRIAL LAWYERS

 

CALL NOW FOR A FREE LEGAL CONSULTATION
(800) 730-7607
CALL NOW FOR A FREE LEGAL CONSULTATION (713) 839-9026 CALL NOW FOR A FREE LEGAL CONSULTATION (713) 335-9485


Andrew Sullo is a recipient of the

AVVO CLIENT'S CHOICE AWARD*
FOR 2019

*GIVEN BY AVVO


Justice

Andrew Sullo is a Member of the

AMERICAN ASSOCIATION OF JUSTICE
2013-2020

*GRANTED BY THE AAJ

 

IF YOU OR A LOVED ONE WERE SERIOUSLY INJURED DUE TO THE NEGLIGENCE OF ANOTHER, CONTACT SULLO & SULLO IMMEDIATELY.
CALL NOW
(800) 730-7607
CALL NOW
(713) 839-9026
CALL NOW
(713) 335-9485

GET LEGAL HELP