Menu

Is it .08 or more when I drive or .08 or more at the time I’m tested, or both, that will make me guilty of DWI?

Our DWI law in Texas requires the prosecution to prove that you were .08 BAC or blood alcohol content at the time of driving in order to convict you. A subsequent breath or blood test can yield three possibilities in relationship to the time of driving. The test may show that the driver was

    1. under .08 at the time of driving, or
    2. at .08 or greater at the time of driving, or
    3. at the same BAC at the time of driving.

Said another way, a subsequent BAC test is not conclusive proof of a BAC at the time of driving. This is because a jury can refuse to believe a BAC test result.

 

  • FIRST TIME OFFENDERS who had a BAC of .08 to .14 may apply for a "non-disclosure" two years after your probation ends. But you must install an ignition interlock device on your vehicle and keep it for 6 months. A non-disclosure restricts who can see your criminal record. Ask your attorney for more information about this program.
  • A SECOND OFFENSE penalties for DWI means the maximum fine increases to no more than $4,000.00 and/or jail from 30 days to one year, and a possible driver’s license suspension ranging from 180 days to 2 years (Class A Misdemeanor).
  • THIRD OFFENSE, you may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment, and suspension of your driver’s license ranging from 180 days up to 2 years (3rd Degree Felony). Note that imprisonment is in a state-run penal institution whereas jail is a county-run institution. A felony conviction also disqualifies the person from voting and possessing a firearm. An open alcohol container increases the minimum jail penalty to six days in jail.
  • INTOXICATION ASSAULT is where an accident occurred with serious bodily injury resulted as a proximate cause of the intoxication. Upon conviction, the penalties for DWI are more severe. You can be sentenced to a minimum of two years and up to a maximum of 10 years in prison. If you get a probated sentence, you'll serve a 30-day minimum jail sentence. Additionally, you may be fined up to $10,000.00 (a 3rd Degree Felony) if the vehicle was driven in a way that made it a “deadly weapon.” In this case, there is an additional penalty that prohibits good time credit in prison to be considered for early release until half of the sentence has been satisfied.
  • INTOXICATION MANSLAUGHTER is a DWI where a death occurred in an accident and where the intoxication was the proximate cause of the death. Upon conviction, you can be sentenced to pay a maximum fine of $10,000.00 and/or be imprisoned from two to 20 years (2nd Degree Felonies). Where probation is granted, you must serve a required 120-day jail sentence. If the vehicle was driven in a way that made it a “deadly weapon”, then there is an additional penalty that prohibits good time credit in prison to be considered for early release until half of the sentence has been satisfied.
  • DWI WITH CHILD PASSENGER is where a person is DWI and there is another person in the vehicle who is under 15 years of age. Punishment is by confinement in State jail for any term of not more than two years or less than 180 days and a fine not to exceed $10,000.00 (State Jail Felony).

TELL US ABOUT YOUR CASE

Form Submissions Get A Fast Response

  • This field is for validation purposes and should be left unchanged.

Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for genenral information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

© 2019 Trichter & LeGrand. All rights reserved

MENU