What is DWI?
Driving While Intoxicated (DWI) in Texas refers to operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol or drugs to the extent that one cannot safely operate the vehicle. This law applies to all drivers, regardless of age or license status. It's important to understand that DWI laws are strict, aiming to reduce accidents and fatalities caused by impaired driving.
Source: Driving Laws
Penalties for DWI in Texas
In Texas, the penalties for a DWI conviction can be severe and vary based on several factors, such as the offender's BAC, prior DWI convictions, and whether any minors were in the vehicle at the time of the offense. Typical penalties may include:
First Offense: Fines up to $2,000, jail time of 3 to 180 days, license suspension for up to 2 years, and DWI education programs.
Second Offense: Fines up to $4,000, jail time of 1 month to 1 year, license suspension for up to 2 years, and the installation of an ignition interlock device.
Third Offense: Fines up to $10,000, imprisonment for 2 to 10 years, license suspension for up to 2 years, and mandatory substance abuse evaluation and treatment.
Source: Driving Laws
Defenses Against DWI Charges
Several defenses can be used in DWI cases to challenge the charges or reduce the penalties. Some common defenses include:
Improper Stop: Arguing that the officer lacked reasonable suspicion to make the traffic stop.
Field Sobriety Test Issues: Questioning the accuracy or administration of field sobriety tests.
Breathalyzer Accuracy: Challenging the calibration and accuracy of breathalyzer tests.
Medical Conditions: Demonstrating that medical conditions or medications affected the BAC reading or the officer's observations.
It's crucial to consult with an experienced DWI attorney who can evaluate the specifics of the case and build a strong defense.
Source: MSO Law
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