Being stopped for driving while intoxicated (DWI) in Conroe, TX, can change your life in a second. If it is your first offense, you have no experience to draw on and may be overwhelmed with what is happening to you and the consequences you may face. If this is your second or third arrest for DWI, you know that you will be facing harsher sentences and fines than you did before. Call a Conroe DWI lawyer from Eddington Worley Attorneys at (855) 600-6695 for a no-cost case consultation about the charges filed against you.
Texas Penalties and Fines for DWI Convictions
The legal blood alcohol limit in Texas is 0.08. If you are stopped by law enforcement and your breathalyzer test indicated that your blood alcohol concentration (BAC)—as defined under TX § 49.01—was 0.08 or more, you are over the legal limit of alcohol in your blood and can be arrested. You may also be arrested if you were observed by the arresting officer to be driving erratically.
Misdemeanors or Felonies
First offense DWIs are class B misdemeanors. Second and third offenses can be felonies under certain circumstances. Even a first offense can be a felony if you were driving with a minor under the age of fifteen in your car or there were other aggravating circumstances.
If this is your first time being charged with a DWI, you may face a $2,000 fine, between three and 180 days jail time, license suspension for up to one year, an annual surcharge of up to $2,000 to keep your license, mandatory attendance at a DWI intervention program, and possible installation of a special ignition switch that prevents you from driving if you have alcohol in your system.
Judges have the discretion to grant some individuals the opportunity to do community service instead of jail time.
If this is your second DWI offense in Conroe, TX, you will probably have to install a special ignition switch. Your charge will likely be a class A misdemeanor and your penalties may include a fine of up to $4,000, jail time of 30 days to one year, and a driver’s license suspension from 180 days to two years. Even if you receive probation instead of jail time, you may be asked to spend three days in the county jail. You will also need to pay a fee between the amount of $1,500 to $2,000 every year for three years to keep your license.
A third DWI is a third-degree felony. You can lose your license for up to two years and face $10,000 in fines and between two and 10 years in prison.
Intoxication Assault or Intoxication Manslaughter
If you allegedly caused an accident that resulted in serious injury or death, you can face intoxication assault or intoxication manslaughter charges, respectively.
Intoxication assault is a third-degree felony. Intoxication manslaughter is a second-degree felony.
You can face aggravated charges if the victim was a first responder or if you have prior DWI charges.
What an Attorney Can do for You
Our Conroe DWI lawyers are familiar with drunk driving laws in the state of Texas, and we can help your case and make sure that your rights are protected. Our goal will be to minimize your charges as much as possible or get them completely dismissed. We will also try to help you get the penalties and fines for your offenses reduced.
There may be several defenses to DWI charges depending on what kind of evidence law enforcement has. To make a lawful arrest, the law enforcement officer must have probable cause to stop you. If they do not, any evidence collected can be ruled inadmissible in court. If the law enforcement officer administered a sobriety test, an attorney may be able to challenge the findings on several grounds, including:
- If they used a breathalyzer machine, it may have been improperly calibrated;
- You may have used mouthwash earlier in the day;
- You may have a medical condition that impacted your result; and,
- The officer was not trained in administering the tests.
- Human error can compromise blood test results during the collection, handling, and analysis.
In general, the prosecution must prove that you operated a motor vehicle in a public place while you were under the influence of alcohol with a greater than 0.08 BAC and/or you did not have the normal use of your mental or physical faculties and were driving without regard to your safety or the safety of others on the road.
After you are arrested, the arresting officer must give you paperwork regarding the suspension of your driver’s license. From that moment, you have fifteen days to request an administrative license revocation (ALR) hearing to respond to the suspension according to the Texas Department of Public Safety. If you don’t respond, your license may be automatically suspended.
Contact an Attorney
A DWI attorney will investigate the facts and evidence in your case and know what to do to begin building a strong and effective defense. Call the Conroe DWI lawyers at Eddington Worley Attorneys at (855) 600-6695 for a no cost case consultation. They know what to do to help.