Driving Under the Influence
In Texas, driving under the influence (DUI) refers to the crime committed when a minor under age 21 has any detectable amount of alcohol in his or her system. Texas considers the first DUI offense to be a Class C misdemeanor, which is punishable by a fine of up to $500, alcohol education classes, license suspension of up to 180 days, and possibly community service.
Driving While Intoxicated
Texas defines driving while intoxicated (DWI) as the operation of any vehicle while intoxicated. The legal threshold for intoxication is a .08 blood alcohol concentration. For other drugs, intoxication occurs when the person has lost some of his or her normal physical or mental faculties. A DWI is a Class B misdemeanor, which is punishable by a fine of up to $2,000, a license suspension of up to a year, and up to 180 days jail time.
Multiple/Felony DUIs and DWIs
Multiple DUI or DWI convictions carry increasingly severe punishments. If you have been arrested for a DUI or DWI and already have a conviction on your record, it is especially important to hire an experienced attorney.
- Second offense: Class A misdemeanor. Punishments include a $4,000 fine and/or jail time from 30 days to one year, and a license suspension from 180 days to two years.
- Third offense: Third Degree Felony. Punishments include a fine of up to $10,000 and/or jail time from two to ten years, and a license suspension from 180 days to two years.
License Revocation
Under the Texas Transportation Code, the arresting officer in a DUI or DWI case can take your driver's license away and give you a temporary license that is valid for 40 days. After your arrest for a DUI or DWI, you only have 15 days in which to schedule a License Revocation Hearing, otherwise you face losing your license before your trial even begins.
Seek Experienced Legal Counsel
Even if you know you did drink and drive, it is important to hire an experienced defense attorney who can uncover law enforcement errors, negotiate a plea on your behalf, and ensure that your rights are fully protected. At Sondra Kaighen & Associates, P.C., we are committed to helping you defend the criminal charges you are facing, and we have extensive experience in successfully handling DUI and DWI cases. To schedule a consultation, contact us today.
