What Are the Consequences of a DWI Conviction in Texas?
Driving while intoxicated (DWI) is a serious offense here in Texas, and a conviction can lead to harsh penalties that may affect your freedom, finances, and future. If you’re facing a DWI charge in Copperas Cove, it’s important to understand what’s at stake and how our skilled criminal defense attorneys can help.
What is a DWI in Texas?
A DWI is when someone operates a motor vehicle while their ability to drive is impaired by drugs or alcohol. In Texas, you’re considered legally intoxicated if your blood alcohol concentration (BAC) is 0.08% or higher or if you’re impaired due to alcohol or drug use, even if your BAC is below 0.08%.
Our state takes DWIs seriously, and even a first offense can have long-lasting consequences.
What are the criminal penalties for a DWI conviction?
For a first-time DWI conviction, your penalties may include fines up to $2,000, three to 180 days in jail, and a license suspension of up to one year. The courts often require attendance at an alcohol education or treatment program.
If you’re convicted of a second DWI, the penalties increase. You could face fines of up to $4,000, 30 days to a year in jail, and a license suspension of up to two years. You’ll also likely be required to install a breathalyzer device in your vehicle.
In Texas, a third DWI conviction is treated as a felony and comes with serious consequences, including fines up to $10,000, prison time from two to 10 years, and a license suspension of up to two years. Having a felony conviction on your record can affect your ability to vote, own firearms, and secure employment or housing.
Certain circumstances can lead to harsher penalties, even with a first-time DWI. These penalties include the following:
- If your BAC is 0.15% or higher, the offense is elevated to a Class A misdemeanor, which carries steeper fines and potential jail time.
- Driving while intoxicated with a child under 15 in the car is a felony, punishable by up to two years in state jail and a $10,000 fine.
- If your actions result in serious injury, you could also face charges for intoxication assault, which is a third-degree felony. If someone dies, it becomes intoxication manslaughter, a second-degree felony with up to 20 years in prison.
Besides these criminal penalties, a DWI conviction can trigger administrative consequences:
- Even before a conviction, your license could be suspended if you refuse a chemical test or fail one. This is known as an Administrative License Revocation (ALR).
- The court often requires an ignition interlock device for repeat offenders or cases involving high BAC levels.
A DWI conviction stays on your criminal record permanently here in Texas. There is no automatic expungement or sealing for DWI convictions, which means potential employers, landlords, and licensing boards can see it during background checks. However, some cases may qualify for a non-disclosure order if you successfully complete deferred adjudication probation.
What other consequences come with a Copperas Cove DWI conviction?
A DWI conviction can also affect your life in ways that go beyond fines and jail time. Here are some examples.
- Many employers run background checks, and a DWI conviction can raise red flags. Jobs that require driving or operating heavy machinery may be off-limits to you, and your professional licenses may be at risk.
- After a DWI, your car insurance premiums will go up. You’ll also need to file an SR-22 form, which is a certificate of financial responsibility required for high-risk drivers.
- A DWI conviction can strain relationships with family and friends. It can also affect child custody arrangements in cases of divorce or family law.
- Some countries, like Canada, restrict entry to those with DWI convictions. This can limit your ability to travel for either work or pleasure.
How can I defend against a DWI charge?
A DWI charge is certainly serious, but it’s not a guaranteed conviction. The skilled DWI defense attorneys at Mary Beth Harrell Criminal Defense and DWI lawyers can evaluate your case for potential defenses, including:
- The officer must have had reasonable suspicion to pull you over. If not, the stop may be deemed illegal.
- Field sobriety tests are subjective and can be influenced by factors like medical conditions or uneven road surfaces. Our lawyers can call the results of these tests into question.
- Breathalyzers and lab equipment aren’t foolproof. Calibration errors, contamination, or improper handling can all lead to inaccurate results.
What steps should I take after a Copperas Cove DWI arrest?
If you’ve been arrested for DWI, taking the proper steps can make all the difference in your case.
First, don’t admit guilt. Anything you can be used against you, so politely decline to answer questions without an attorney present.
You can request an ALR hearing within 15 days to contest your license suspension.
Consult with an experienced Copperas Cove DWI attorney. Our knowledgeable DWI defense lawyers can guide you through the legal process and work to minimize the impact on your life.
How can your Copperas Cove DWI defense attorneys help?
Every DWI case is unique, and a one-size-fits-all approach won’t work. Our experienced DWI defense attorneys can:
- Look for weaknesses in the prosecution’s case, like improper procedures or lack of evidence.
- In some cases, we may be able to secure reduced charges or alternative sentencing options.
- If your case goes to trial, we work to present a strong defense and to protect your rights.
A DWI charge is a serious challenge, but it doesn’t have to define your future. By understanding the potential consequences and working with the dedicated attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers, you can take steps to mitigate the impact and move forward with your life. If you’re facing a DWI charge in Copperas Cove or anywhere in Texas, don’t hesitate to seek help. The sooner you act, the better your chances of protecting your rights and achieving a favorable outcome. Call us or fill out our contact form today.
I’ve dedicated my legal career to defending my clients. I demand all the evidence. I investigate all the facts, the so-called witnesses and even the police officers. I make it my business to know the law. Cases can be won or lost before you even set foot inside the courtroom.
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