Driving While Intoxicated

DWI charges are taken very seriously in Texas and can have devastating consequences including a suspension of your driver’s license, difficulty finding or keeping a job, difficulty being admitted into school, and an increase in auto insurance rates. You need a lawyer in your corner, one with experience fighting DWI charges.

Fallon knows how to fight these charges and will analyze your case based on a variety of defenses including challenging the legality of the stop, improper police conduct including the right to administer sobriety tests, and the admissibility of the lab results.

Protect your reputation and your future by calling Fallon LaFleur for a free consultation.

 

First Offense

A person commits a DWI if they are intoxicated while operating a motor vehicle in a public place. Under the law, intoxication is defined as having an alcohol concentration of 0.08 or more or not having the normal use of mental or physical faculties due to alcohol, drugs, a controlled substance, a dangerous drug, a combination of these substances, or any other substance in the body.

This offense is a Class B misdemeanor and carries a possible punishment of up to two years probation or 72 hours up to 180 days in the county jail and up to a $2,000 fine. An additional “super fine” of $3,000 in addition to any court fines may be assessed.

DWI with BAC .15 or Higher

Additional penalties are imposed for those charged with a DWI whose blood sample shows a BAC of 0.15 or greater. This allegation increases the charge from a Class B to a Class A misdemeanor.

The penalty for this charge is up to two years of probation or one year in jail; a fine up to $4,000; a “super fine” of $6,000, in addition to any court fines; suspension of your driver’s license anywhere between 90 days and one year; and a mandatory ignition interlock device on your vehicle.

Second DWI

Upon arrest for DWI, law enforcement will run your criminal history and driving record. If they find any previous DWI on your record, no matter how long ago, you will be charged with a second DWI offense, which means additional penalties.

A second DWI is a Class A misdemeanor, which carries a possible punishment of up to two years probation or anywhere from 30 days to one year in the county jail. If you are eligible for probation, you will also be required to serve 3 to 5 days in jail depending on when your previous DWI occurred. A court fine of up to $4,000, and an additional “super fine” of $4,500 (or $6,000 if you BAC shows an alcohol concentration of 0.15 or greater)  is assessable. Your driver’s license may be suspended for 180 days to two years and you will be required to have a ignition interlock device on your vehicle.

Felony DWI

A felony DWI includes the following offense:

  • DWI 3rd (or more)

  • DWI with a Child Passenger

  • Intoxication Assault

  • Intoxication Manslaughter

If you have two or more prior DWI convictions and are arrested a third (or more) time, you will be charged with a felony DWI. This is a third degree felony, which carries a possible punishment of two to 10 years in prison and a $10,000 fine.

If you are charged with a DWI, even a first offense, and there was a child in the car, you will be charged with a state jail felony. This charge carries a possible punishment of 180 days to two years in state jail and a fine of $10,000.

A DWI that results in serious bodily injury or death is a second degree felony, which carries a possible punishment of two to 20 years in prison and a $10,000 fine.