Houston DWI Attorneys - DWI in Texas:
Texas DWI Laws - Offenses & Penalties

If you have been through a Harris County Arrest for DWI in Texas, the very best thing you can do is to contact the experienced Houston DWI Lawyers of Sullo & Sullo. Under Texas DWI Laws, driving while intoxicated by drugs or alcohol is a criminal offense with very serious legal consequences. That being said, Texas DWI Laws can sometimes be difficult to decipher on your own. Whether you are facing a DWI in Texas First Offense, or a subsequent DWI in Texas offense, your goal will be to avoid Harris County Criminal Records and Harris County Texas Jail.

The Sullo & Sullo Houston DWI Attorneys can try to negotiate on your behalf with the Harris County District Attorney, plus we offer Houston Criminal Lawyer Free Consultations for DWI in Texas. Further, you may wonder “Is DWI a Felony in Texas?” Our knowledgeable Houston Criminal Lawyers can effectively answer that question for you, based on the facts of your case. We will also be by your side in Harris County Criminal Court, staunchly defending your rights and fighting for your future. Below are the things you need to know about Texas DWI Laws, offenses and penalties:

  • First, although the legal BAC limit in the state of Texas (and across the nation) is 0.08 percent, you can also be found guilty of DWI in Texas if you are judged to have not had the normal use of your mental and physical faculties due to the consumption of drugs or alcohol—even if your BAC is below the legal limit.
  • If you are under the age of 21, Texas DWI Laws allow no detectable amount of alcohol in your system, and if you are a commercial driver, the legal BAC is 0.04 percent—whether you are driving your commercial vehicle or your own personal vehicle.
  • You may be asked to engage in Field Sobriety Tests once you have been stopped on suspicion of DWI in Texas. You do not legally have to take field sobriety tests however your refusal could potentially be used against you to show that you believed you were inebriated, therefore refused the tests. On the other hand, if you do take the Field Sobriety Tests, your Houston DWI Lawyers could be able to challenge the results for a variety of reasons.
  • You will be asked to take a Breathalyzer Test. Again, you can refuse the test, but there is a penalty attached—you will lose your driver’s license for six months. As with Field Sobriety Tests, there are problems associated with Breathalyzer Tests as well, which means your Houston Criminal Defense Lawyers may be able to challenge the results of your Breathalyzer Test based on a number of factors such as gender, size, whether you are taking certain medications, whether you have certain illnesses, and other factors as well.

Penalties for DWI Offenses in the State of Texas Under Texas DWI Laws

The following are the penalties you could face for DWI in Texas offenses:

  • DWI in Texas First Offense: This is a Class B misdemeanor, and can bring the following penalties upon conviction—up to $2,000 in fines, from 72 hours to 180 days in jail, and a driver’s license suspension from 90 to 365 days.
  • Boating DWI in Texas First Offense (BWI)—Also a class B misdemeanor with the same fines and penalties as a “regular DWI first offense".
  • DWI in Texas with a BAC at or over 0.15 percent—This is a Class A misdemeanor, and upon conviction you could pay fines as large as $4,000, you could spend from 72 hours to one year in county jail, and you could have your license suspended for a period of 90 days to 365 days (BWI with a BAC at or over 0.15 carries the same penalties).
  • DWI in Texas First Offense with open container enhancements—This is a Class B misdemeanor; if you are convicted of this offense, you will face up to $2,000 in fines, you could spend from 6 days to 180 days in a county jail, and could have your driver’s license suspended for a period of 90 days to 365 days.
  • DWI in Texas second offense is a Class A misdemeanor. If you are convicted of this offense, you could face fines as large as $4,000, you could spend from 72 hours to one year in a county jail, and you could have your driver’s license suspended for a period of 90 days to 365 days (a second offense BWI carries the same penalties).
  • DWI in Texas third offense is a 3rd degree felony. If convicted, you could face up to $10,000 in fines, you could spend from 2-10 years in a state prison, and you could lose your license for a period of 180 days to 2 years (a third offense BWI carries the same penalties).
  • DWI in Texas third or subsequent offense with one prior state prison sentence. This offense is punished as a second-degree felony, meaning you could face fines as large as $10,000, you could spend from 2-30 years in a Texas state prison, and you could lose your driver’s license for up to 2 years (BWI in Texas, third offense or subsequent with one prior state prison sentences carries the same penalties).
  • DWI in Texas third or subsequent offense with two prior state prison sentences. This offense is punished as enhanced felony punishments of up to $10,000 in fines, 25 years to live in a Texas state prison, and the loss of your driver’s license for up to two years (BWI in Texas third or subsequent offense with two prior state prison sentences carries the same penalties).
  • Intoxication Assault—DWI which results in serious bodily injury—This is a third-degree felony; if you are convicted, you could face up to $10,000 in fines, could spend from 2-10 years in a Texas state prison, and could lose your driver’s license for a period of 180 days to 2 years.
  • Intoxication Manslaughter—DWI which causes a death—This is a second-degree felony; if you are convicted, you could face up to $10,000 in fines, could spend 2-10 years in a Texas state prison, and could lose your driver’s license for a period of 180 days to 2 years.
  • DWI with a child passenger younger than 15 years—This is a state jail felony; if convicted, you could face fines as large as $10,000, could spend six months to 2 years in a state jail facility, and could lose your driver’s license for a period of 90 days to 2 years.

You may also face probation, be required to enroll in an alcohol education class, could be sentenced to community service and could be required to have an ignition interlock device installed on your vehicle. The Sullo & Sullo Houston DWI Lawyers want to help you during this difficult time. We believe you deserve another chance, and understand that good people make mistakes. Whether you are facing a DWI in Texas First Offense or any of the other DWI in Texas offenses, our goal will be to fully represent you in Harris County Criminal Court, to keep you from having Harris County Criminal Records or spending time in Harris County Jail whenever possible, and to try and negotiate with the Harris County District Attorney on your behalf.

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