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TEXAS DRIVING WHILE INTOXICATED (DWI / DUI)
Being charged with a DWI can be one of the most traumatizing experiences a person may ever go through. More importantly, a conviction for DWI can have devastating consequences that can impact your future. However, the DWI attorneys at Joyner + Joyner have helped many clients mitigate the damage already done to help you move on with your life.
At Joyner + Joyner, we zealously advocate for our clients to ensure their rights are protected. Every situation is different and our DWI attorneys thoroughly review all the facts with our clients to make sure we prepare the most effective defense. The DWI attorneys at Joyner + Joyner are readily available to all their clients throughout the course of their case. We pride ourselves in client satisfaction and we stand by our clients every step of the way.
If you or a loved one has been charged with a DWI, contact us for a free consultation. Our DWI attorneys will meet with you and make sure that you have all the necessary information to make an educated decision regarding your particular case.
The experience of the attorney that you hire to represent you could be the difference in the outcome of your case. It is important that you get advice from an attorney immediately after you have been accused of driving while intoxicated. The State of Texas has created certain timelines for the suspension of your driver’s license. By contacting an attorney you may be able to avoid a suspension of your driver’s license.
If you are convicted of the criminal offense of DWI, your driver’s license may be suspended for 90 days or more. However, even before you are criminally charged, there may be an administrative hearing to temporarily suspend your license based on your breath test results. Our attorneys can represent you both on the criminal charges and the administrative hearing.
In addition to the punishment that the State of Texas imposes upon you, the Texas Department of Public Safety also assesses a surcharge to your driver’s license for any conviction for a DWI. The amount of the surcharge varies depending on the facts of the DWI. At a minimum, you can expect a $1000 a year for 3 years to be assessed to your driver’s license.
Our DWI lawyers represent clients on the following types of alcohol related offenses:
Our DWI defense lawyers represent clients facing DWI charges throughout the State of Texas including the counties of:
TEXAS DWI LAW
According to the Texas Penal Code 49.0:
A person commits an offense of driving while intoxicated if the state proves:
Defendant was intoxicated, while operating, a motor vehicle, in a public place.
What these terms mean:
1. The Defendant was intoxicated:
The State can prove this three ways:
a) through chemical (breath, blood, urine) testing that shows a 0.08 blood-alcohol concentration test result, or
b) by proving a defendant did not have his normal use of his mental faculties due to alcohol, or
c) by proving a defendant did not have his normal use of his physical faculties due to alcohol.
2. While operating:
The State must “wheel” a defendant. They must prove the person was behind the wheel of a motor vehicle at the time they were intoxicated. Usually, this means that the keys are in the ignition, and the car is able to be operated while the defendant is in the vehicle.
3. A motor vehicle:
Any vehicle with a motor.
4. In a public place:
Texas Penal Code 49.04(a) defines a public place as:
“any place to which the public or a substantial group of the public has access to and includes, but is not limited to, streets, highways and the common areas of schools, hospitals and apartment houses, office buildings, transport facilities and ships.”
The potential punishment for a DWI in the State of Texas varies based on the nature of the charge.
DWI 1st Offense
A first time DWI under 0.15 BAC is a Class B Misdemeanor. The punishment range on a first time DWI is from a $0 to a $2000 fine and from 24 hours to 180 days in jail.
A first time DWI with 0.15 BAC or higher is treated much like a Class A Misdemeanor. The punishment range on a second DWI is from $0 to a $4000 fine and from 72 hours to 1 year in jail.
DWI 2nd Offense
A second DWI is a Class A Misdemeanor. The punishment range on a second DWI is from $0 to a $4000 fine and from 72 hours to 1 year in jail.
DWI 3rd Offense or higher
A third DWI is a 3rd degree felony. The punishment range on a third DWI is from $0 to a $10,000 fine and from 2 years to 10 years in the Texas Department of Corrections.