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Texas' DWI Guide |
TexasDWI.pro Professional TX DWI Defense
Austin DWI Law Office
2010
Texas DWI Defense Section 49.04 DWI w/ a Child Passenger Section 49.045 Open Container
State of Texas Felony and Misdemeanor Defense
Tex. License Revoked Suspended
Administrative license revocation (ALR)
DWI Surcharge
DWI Intervention Program DWI Education Program TCADA
Hit & Run
Penalties DWI School
Per Se DWI
Mandatory Minimum Jail Time
What happens after a Texas drunk driving arrest.
TX DWI Court
Court of Criminal Appeals
Intoxilyzer 5000 TX Implied Consent ALR Proceedings
Breath Tests .08 % Percent Accident
First DWI Offense Second DWI Offense Third DWI Offence Felony DWI Offense
Ignition Interlock Device
Austin Dallas Houston El Paso San Antonio Galveston Fort Worth
Williamson County Hays County Travis County Dallas County Harris County Bexar County Dallas County Galveston County
West Texas
DWI Law Links
Order Your Texas Driving Record
Alabama DUI
DC DUI
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I just got arrested for a State of Texas DWI charge. What happens now?
ISSUE ONE: The Texas Implied Consent / ALR Civil Proceeding: The most pressing matter may be requesting an appeal / hearing on your proposed administrative license revocation (ALR). Your Texas driver license was most likely suspended for anywhere from 90 days to two years for failing or refusing a breath test or a blood test. This administrative license revocation typically begins on the 41st day after the date of your Texas DWI arrest.
The table below shows the revocation lengths for persons over 21 years of age who fail or refuse a chemical test. The "2nd Offense" column applies to persons previously suspended for failing or refusing a chemical test or previously suspended for a DWI conviction, Intoxication Assault conviction or Intoxication Manslaughter conviction during the past 10 years:
If you would like to challenge the proposed ALR, you must make your request no later than the 15th day following your DWI arrest. If you represent yourself on this issue, make sure that you do not miss the deadline or you will waive your right to challenge your ALR. If you hire a Texas defense attorney in time, your lawyer will make this request on your behalf. Upon receiving a timely hearing request, the Office of Administrative Hearings will schedule a hearing where an administrative law judge (ALJ) will determine whether to uphold or overturn your ALR.
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ISSUE TWO: The Texas DWI Criminal Case: Separate from the ALR proceeding is the criminal charge for driving while intoxicated (DWI) and driving while intoxicated with a child passenger.
In the State of Texas, a person commits the crime of DWI if the person is intoxicated while operating a motor vehicle in a public place. The term “intoxicated” means either:
(1) not having the normal use of your mental or physical faculties by reason of the consumption 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
(2) having an alcohol concentration of 0.08 percent or higher. Make sure you do not miss your court appearance or a warrant will be issued for your arrest (more on that below).
A person
commits the offense of driving while intoxicated with a child passenger if:
(1) the person is intoxicated while operating a motor vehicle in a
public place; and (2) the vehicle being operated by the person is occupied by a
passenger who is younger than 15 years of age.
Important: These two issues (the ALR proceeding and the Texas DWI criminal charge) are completely separate from one another.
Will my Texas drivers license be revoked / suspended?
RELATED TO ISSUE ONE ABOVE: Your Texas drivers license (or your right to drive in Texas if you do not have a valid Texas license) may be suspended for failing―blood alcohol content .08% or greater (lower for minors (persons under 21 years of age))―a breath or blood test or for refusing a breath, or blood test. If you act quickly (typically within 15 days of your arrest), you can request an appeal of the proposed administrative license revocation for failing or refusing the test. A hearing will then be scheduled on your appeal request.
If you had a valid Texas drivers license at the time of your breath test failure / refusal, you should have received a temporary permit that allows you to drive for the 40 days following your arrest On the 41st day following your arrest, the suspension begins (unless your appeal is successful).
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RELATED TO ISSUE TWO ABOVE: If you are convicted of a Texas DWI charge or a charge of DWI with a Child Passenger, you will also lose your Texas license (or your right to drive in Texas if you don't have a valid Texas license). These criminal DUI conviction suspensions typically last from 180 days to two years.
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Also keep in mind that your license can be suspended for a variety of other reasons unrelated to any DWI arrest such as for a drug conviction or failure to pay child support.
What happens if I get caught driving while my license is suspended / invalid (DWLS) in the State of Texas?
A driving while license suspended (DWLS) charge can be either a Class B or Class A misdemeanor. If convicted of a Texas DWLS, a defendant typically faces a fine of between $100 and $500 and jail time ranging from 3 to 180 days. An SR-22 filing (see below) is also required for two years following the DWLS conviction. In addition, an additional license suspension is imposed.
I really need to drive. Will I be able to get a occupational / conditional / probationary permit?
An occupational drivers license (ODL) may be available to you if your license is suspended and you had a valid Texas Driver License at the time of your suspension. An occupational license authorizes the operation of a non-commercial motor vehicle in connection with a person’s job, for educational purposes or in the performance of essential household duties. You must file an SR-22 in order to obtain an occupational license.
Speak to your Texas DWI lawyer about whether you qualify and how to apply for an occupational license. The State of Texas not issue Occupational CDL permits. Put another way, you cannot get a ODL to drive commercial vehicles.
What is the difference between a DWI, DUI, DUII, OWI, DWAI, OUI, OMVI, DWUI etc.?
These terms are all acronyms that refer to the crime commonly known as "drunk driving." Different states have different names for the charge. For example, Florida, California, Idaho and a number of other states use the term DUI. Texas law uses the term "driving while intoxicated" or DWI. [Note: There is a separate charge of driving under the influence of alcohol by a minor found in Section 106.041; this offense is a Class C misdemeanor.]
Is a DWI offense in Texas a misdemeanor or felony charge?
In Texas, a DWI offense is a misdemeanor crime if you have no prior DWI related offenses unless you had a child 14 years of age or younger in the car with you. DWI with a child passenger is a felony crime. A third or greater DWI conviction is also a felony crime under Texas law.
What type of sentence / penalties might I face if I am convicted of a Texas DWI charge?
If convicted of a Texas DWI, a defendant will receive a variety of sentencing penalties. A range of penalties is set forth below:
Will I be able to plea bargain / negotiate my Texas DWI offense down to a lesser type charge? Possibly. Texas DWI plea bargaining and charge reduction are two areas that any experienced Texas DWI lawyer will discuss with the prosecutor on the client's behalf. Whether your DWI attorney will be able to obtain a lesser offense for you will depend on a number of factors including the strength of the case against you and your DWI / DUI history. Will a Texas DWI conviction go on "my driving record?" Yes. A DWI conviction will go on your Texas driving record. If you are found not guilty of the DWI offense or the charge was dismissed, you may be able to apply to seal your arrest record. Just how much jail time will I have to do if I am convicted of a DWI offense in Texas? The amount of incarceration (jail or prison) received for a Texas DWI will depend on a number of factors, including (but not limited to) the following: • your prior driving record especially your DWI history (including DWI / DUI convictions in other states); • your level of intoxication / impairment (your BAC level); • whether there was a collision / accident involved; • whether there was an injury to another person in the collision; • which Texas county or municipal court your case is in; • what judge you are sentenced by; • whether there was a passenger / child in your car (especially a child under 15 years of age); • whether the court feels you have accepted responsibility.
Will I be placed on probation if I am convicted of a DWI in Texas?
Yes. A Texas DWI will almost certainly result in a period of probation that you must complete. While there are a number of special probation conditions, most probationers will have to follow these standard conditions of probation:
I am licensed to drive in a state other than Texas and I was cited for a DWI in Texas. Will my driver license be suspended / revoked? Texas only has the authority to suspend your right to drive in the State of Texas. However, Texas and 44 other states and the District of Columbia have adopted an agreement known as the "Driver License Compact." Texas will report an Texas DWI conviction to the home state of the driver (assuming the home state has also adopted the Compact). Your home state will then generally take action to suspend your license. This also works in reverse. If you are a Texas licensed driver and you are convicted of a DWI / DUI charge in another state, Texas will likely suspend your license when / if it learns of the conviction. Will I have to install an Ignition Interlock Device on my car?
An ignition interlock device is a breath alcohol measurement device that is connected to a motor vehicle ignition. In order to start the motor vehicle, a driver must blow a breath sample into the device which then measures alcohol concentration. If the alcohol concentration exceeds the startup set point on the interlock device, the motor vehicle will not start.
You may have to install an ignition interlock device in your car depending on your circumstances. Such a device is often required if you have two or more DWI convictions within a five year period. Talk to your Texas DWI lawyer about this requirement. What will a Texas DWI charge do to my insurability? If your insurance company finds out about a Texas DWI conviction one of two things typically happen. Either your Texas insurer will raise your rates or you may be cancelled or non-renewed. Your insurance company will learn of your Texas DWI if you have to file an SR-22. What is an SR-22? An SR-22 is a certificate from an Texas licensed insurance company certifying that you have purchased liability insurance that meets the minimum required coverage limits. The SR-22 provides proof to the Texas Department of Public Safety that you are insured. If you cancel your insurance or the insurance company cancels your policy before your suspension period is over, the company must notify DPS that the certificate is canceled. You will need to get a new SR-22 certificate on file with DPS within 30 days or your license will be suspended. If you are asked to prove “future financial responsibility” by having an SR-22 on file with DPS, a copy of your insurance binder or your insurance card is not considered acceptable proof. What about an open container violation? It is a Class C misdemeanor under Texas law to possess an open container of alcohol in the passenger area of a motor vehicle which is on a public highway or the right-of-way adjacent to a public highway. It doesn't matter whether the vehicle is moving or stopped or parked. You can be fined up to $500 for having an open alcohol container in a vehicle regardless of whether you're the driver or passenger. What happens if I was on probation for another offense when I was arrested for my Texas DWI? Committing a new offense while you're on probation for a previous crime creates two concerns. First, you face the new Texas DWI charge. Second, you face a probation violation hearing for failing to obey all laws. The most serious scenario is when you receive a new Texas DWI offense when you're already on probation for a previous DWI conviction. When this happens, its in your best interest to speak to a Texas defense lawyer as soon as possible. I'm not a US citizen. Will a Texas DWI conviction result in my removal from this country? Probably not. Typical, first time Texas DWI offenses (no priors; no child in car) are not considered crimes of moral turpitude or aggravated felonies resulting in removal. It is important to consult an experienced immigration lawyer about your situation just as you should consult with an experienced Texas criminal defense lawyer about your pending Texas DWI offense. Keep two points in mind. First, it is very important to answer honestly all questions about prior arrests / convictions on immigration and Visa applications and forms. Lying on these forms is often considered more serious than any DWI conviction. Second, non-citizens must take extra care not to drive on a suspended or revoked license. Are there special concerns for licensed pilots who get a Texas DWI?
Yes. The FAA has special reporting requirements for certain Motor Vehicle Actions including Texas DWI convictions and certain administrative (ALR) driver license suspensions. Learn more here.
Are there any concerns for mariners licensed by the United States Coast Guard who get a DWI in Texas?
Yes. An applicant for a Coast Guard credential must disclose all criminal convictions on their application form. In addition, the Regional Exam Center (REC) performs a National Driver Register check on applicants. Once a DWI conviction is identified, the REC evaluates the applicant's reported conviction and associated facts. I missed my Texas court date. What do I do now? Failing to appear (FTA) for court is to be avoided. When you miss a court appearance, bad things follow. At a minimum, the court typically issues a warrant for your arrest (known as a bench warrant). Talk to a Texas DWI attorney as soon as possible. Sometimes, your only option is to turn yourself in at the jail on the outstanding warrant. A new court date will then be scheduled for your appearance. Can I represent myself in court on my Texas DWI and / or other charge(s)? Yes. You have an absolute right to represent yourself on any Texas criminal charge no matter how serious including a DWI. Keep in mind that Texas DWI defense is a complex area of the law as shown by the information above. If you cannot afford to hire your own counsel, you definitely should apply for court appointed counsel to represent you. You have no right to court appointed counsel at the administrative license revocation proceeding. Copyright 2010, 2009 |
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