Texas Penal Code Sec. 49.04: Driving While Intoxicated defines the state’s legal driving limit as being at or over 0.08 percent when the police test your blood, breath or urine. Driving while intoxicated is a serious offense in Texas. You face the risk of a DWI arrest any time you operate a motor vehicle in a public place while under the influence of “alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances.”
Texas drunk driving charges are a serious offense, and the potential penalties you may face increase with subsequent arrests, when your alcohol content increases above 0.15 percent, or when there are other aggravating factors.
How Serious is a Drunk Driving Offense Under Texas Penal Code Sec. 49.04?
In general, a first offense DWI in Texas with an alcohol concentration of between 0.08 percent and 0.15 percent is a Class B misdemeanor. This type of charge comes with a jail sentence and fine.
If the person stopped and arrested for a Texas drunk driving offense possessed an open container in their vehicle, the charge is also a Class B misdemeanor but with enhanced penalties.
When the driver’s blood, breath, or urine sample shows an alcohol concentration of 0.15 or above, the charge is a Class A misdemeanor.
Penalties for a Texas Driving While Intoxicated Conviction
A first-offense DWI conviction calls for penalties that may include:
- A fine not to exceed $2,000
- 72 hours to 180 days in jail
- A driver’s license suspension of 90 days to one year
- Mandatory attendance in an Alcohol Awareness Program
- Community service
A second-offense DWI is a Class A misdemeanor. Penalties may include:
- A fine not to exceed $4,000
- Between 30 days and one year in jail
- A potential two-year driver’s license suspension
- Mandatory attendance in an Alcohol Awareness Program
- Community service
A third-offense DWI is a third-degree felony. You may face the following penalties:
- A fine of up to $10,000
- Between two and 10 years in jail
- A potential two-year driver’s license suspension
- Mandatory attendance in an Alcohol Awareness Program
- Community service
Under Texas law, the Court can probate parts of your sentence on a first offense. This could allow you to avoid jail time and portions of the driver’s license suspension as long as you follow the terms set by the judge during your sentencing.
Talk to a Texas DWI Defense Attorney About Your Case
The drunk driving defense team from Eddington Worley can help you with your case if the police arrested you on suspicion of DWI or you face charges. Let us review your case and help develop a strong defense strategy to support a more favorable outcome in your case.
Call our office at 855-600-6695 to learn more about our services or to enlist our help with your Texas DWI case today.
