The Texas Definition Of A DWI, What Happens To Your Driver’s License, And More

In this article, you can learn about:

• Texas state’s definition of a DWI
• What happens to your driver’s license if convicted of a DWI.
• The penalties for first, second, third, and subsequent DWIs.

What Is The Legal Definition Of DWI In Texas?

In Texas, the legal definition of Driving While Intoxicated (DWI) is if you are operating a vehicle while under the influence of drugs or alcohol. To be considered under the influence of alcohol, your blood alcohol concentration (BAC) must be at or above 0.08%.

What Important Information Do I Need To Know About My Driver’s License After A DWI Arrest?

After a DWI arrest in Texas, your license is often taken and you are given a temporary license that includes some instruction about license suspension. If that happens, you have about 15 days to file an administrative law review hearing. This hearing takes place on the phone with an administrative judge to determine whether or not your license should be suspended.

This typically happens when you refuse a blood or breath test. If you consent to a blood or breath test, the question of whether or not to suspend your license will be taken up after the test has been analyzed.

If it’s determined that there was alcohol in your system, you will be sent a letter from the Texas Department of Public Safety (DPS) indicating your right to ask for an administrative hearing and the deadline by which to do so.

What Happens If I Refuse A Breathalyzer Test During A DWI Investigation?

When we talk about a breathalyzer, there are a couple of different things that people think about. One of them is the PBT, Portable Breath Test, which can be done on the side of the road.

These are used as a probable cause tool to determine if there is a need to further investigate whether or not a person is intoxicated.

You can refuse a blood draw in the state of Texas. If you do, a warrant will be sought and you would then be taken to the hospital for a blood draw done by warrant. These warrants are legal, but they should be scrutinized for the time they were requested, the time they were signed, the time of the law enforcement’s stop, and the blood draw.

What Happens To My Driver’s License After A DWI Conviction In Grayson County?

If this is your first DWI offense and you receive a probated sentence, your license will be suspended.

If this is more than a first offense, then you are looking at a license suspension upon conviction. Fortunately, Texas has done away with the extremely high fines. There’s now just a fee for the reinstatement class that has to be taken.

If this DWI is more than a second offense, your driver’s license suspension is between 180 days and 2 years.

What Is A Deferred Adjudication And A Non-Disclosure For A DWI?

As of September 2019, if this is your first-time DWI offense, you might qualify for deferred adjudication probation in Texas. This option is only available if you do not have a criminal history and the DWI was an isolated, one-time incident. You’ve learned your lesson and will never do it again.

There is also a non-disclosure statute, commonly known as sealing a record, that provides first-time DWI offenders the ability to hide the DWI conviction that will not show up on a background check. 

What Are The Penalties For A DWI Conviction In The State Of Texas?

A first DWI wherein your BAC was between 0.08% and 0.14% is typically considered a class B misdemeanor. This offense is punishable by license suspension, up to 180 days in jail, and up to a $2,000 fine.

For a second-time DWI, (or a first-time DUI where you had a blood alcohol content greater than 0.15%), you’re looking at a class A misdemeanor, which is punishable by license suspension, up to a year in the county jail, and a $4,000 fine.

In Texas, a third-time DWI is considered a felony in the third degree. This offense is punishable by 2 to 10 years in the Texas Department of Criminal Justice (or the penitentiary) and up to a $10,000 fine.

There is one other punishment range for DWI, which includes charges when one is charged with driving under the influence while a child is in the car. It is a felony and the penalty is automatically 6 months to 2 years in a state jail facility and up to a $10,000 fine.

If you have a fourth, fifth, sixth, seventh DWI, or your third DWI with a record of past felony convictions greater than a third degree, you could be looking at severe punishment enhancements that could increase the punishment range from 10 years up to life in prison.  

Do I Still Need To Hire A Collin County DWI Defense Attorney If I Plan On Pleading Guilty To DWI Charges?

You still need to hire a DWI defense attorney even if you plan to plead guilty.

First, you should consider whether or not you need to plead guilty. Second, you don’t know whether or not there’s something that occurred during that DWI stop that might need to be reviewed.

Additionally, there are all kinds of options in terms of length of probated sentence or length of confinement that need to be negotiated. Those things need to be handled by an experienced DWI attorney.

For more information on Misdemeanor And Felony Charges In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 865-3803 today.