According to the Texas Department of Transportation, every 20 minutes someone is injured or killed in a traffic accident involving alcohol across the state. As a result, state officials are cracking down hard on people suspected of driving while intoxicated and enacting severe penalties for even first-time offenders. The experienced Law Office Of Robert L. Buford has a history of successfully representing clients suspected of driving while intoxicated (DWI) and are here to help. Make sure that any DWI Attorney that you hire is Board Certified by the Texas Board of Legal Specialization.
Texas DWI Law
Section 49.04 of the Texas Penal Code defines driving while intoxicated when “[a] person is intoxicated while operating a motor vehicle in a public place.” For the purposes of the law, a person is considered intoxicated when “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body or having an alcohol concentration of 0.08 or more.”
Penalties for Texas DWI
The penalties for driving while intoxicated can be very serious, and Texas law increases the punishments for DWI with each subsequent charge. Sections 49.04 and 49.09 of the Texas Penal Code dictate the penalties for driving while intoxicated, which include:
First Offense DWI: Class B Misdemeanor
- Fine: up to $2,000
- Jail term: between three and 180 days
- Loss of driver’s license: up to one year
- Alcohol awareness class
Second Offense DWI: Class A Misdemeanor
- Fine: up to $4,000
- Jail term: between 30 days and one year
- Loss of driver’s license: up to two years
- Alcohol awareness class
- Ignition interlock device
Third Offense DWI: Felony in the third degree
- Fine: $10,000
- Prison sentence: between two and 10 years
- Loss of driver’s license: up to two years
- Ignition interlock device
A DWI Lawyer Can Help
An experienced DWI defense attorney will be able to help you fight your charge in a variety of ways. First, a lawyer can conduct their own independent investigation of the arrest by reviewing police statements, video, and witness testimony for any discrepancies. In addition, an attorney can look at any machinery used to conduct BAC testing to see if it is faulty. Finally, an experienced lawyer can make sure that your constitutional rights are protected and advocate on your behalf in court.
In addition to the criminal proceedings, there is also an administrative aspect to a DWI charge. An administrative hearing is held after an arrest for driving while intoxicated to contest the suspension of your driver’s license. However, the request for a hearing must be made within 15 days of the arrest or else the suspension is upheld until the DWI charge is resolved. An experienced DWI attorney knows how to request a hearing and can work to get you a temporary driving permit while the criminal aspect of the case is resolved.
Contact an Austin DWI Lawyer Now
If you or someone that you know has been charged with driving while intoxicated in the Austin area, let us at The Law Office Of Robert L. Buford help. All of our lawyers are Board Certified in Criminal Law by the Texas Board of Legal Specialization. Call the office or contact us today for a free and confidential consultation of your case. You need an experienced DWI lawyer that knows how to get results. We’ve got the experience you need and the client testimonials to prove it.
DWI Tests & Charges
DWI & Licenses
- DWI & Out of State Drivers Licenses
- DWI & Concealed Handgun Licenses
- DWI License Suspension
- DWI Occupational Drivers License
- DWI & Professional Licenses
Common DWI Questions & Information
- What to do if pulled over with DWI
- What is Breath test Source Code
- DWI Indicators Police Look For
- Common Defendant Mistakes
- Attorney Fees
- Ignition Interlock Devices
- ADP DWI
- DUI vs DWI
- Jail Release
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