driving drunk indicators police look for in Houston

Texas DWI: What Police Look For 

A Texas DWI is a serious matter, and it requires experienced legal representation. With decades of experience as a Houston DWI lawyer, Herman Martinez knows the ins and outs of law enforcement and court procedures in regard to drunk driving in Harris County. Let us go in-depth about driving drunk indicators that officers look for.

From speeding to missing taillights, police look for any legal reason to pull someone over to examine them for signs of impairment. Below, we want to provide you with a list of signs police officers look for as they decide whether someone might be intoxicated – before and after they pull them over. 

What Driving Drunk Indicators Do the Police Look for When They Search for Drunk Drivers? 

Per research from the National Highway Traffic and Safety Administration (NHTSA), the police have a long list of signs to pull from to determine when a person is likely driving while intoxicated.

Here’s a list of some common indicators for drunk driving:

Curiously, the NHTSA does not list speeding as a sign of drunk driving. Oftentimes, a prosecutor can argue that speeding depicts “risk-taking” behavior related to impaired judgment. However, many officers admit that in reality, a majority of sober people speed at night due to more favorable traffic conditions. 

Texas DWI: What Officers Look for After Pulling You Over 

When it comes to Texas DWI cases, it’s important to remember that law enforcement officers do not always have medical training. Moreover, you are not legally required to submit to a field sobriety test. These notoriously inaccurate tests only help the arrest officer build their case against you. 

Here are some traditional signs of intoxication that many officers are taught to look for:

Facing a Texas DWI? Hire a Houston DWI Lawyer

In Texas, DWI consequences are severe. When you face a DWI conviction, the impact can spread throughout your life. That’s why you need an advocate on your side who understands your situation and how the system works. 

At The Martinez Law Firm, our DWI defense team provides legal representation that acts in your best interests. When you face DWI charges in Harris County, contact the criminal defense attorneys at our firm for a free consultation. We specialize in the complex field of Texas DWIs. At your consultation, your attorney will review your case and guide you through the best strategy available. 

know when you're too drunk to drive

Helpful Hints to Let You Know You’re Too Drunk to Drive

As Houston DWI Lawyers, we know how easy it can be to slip up. Maybe you meet with your friends to grab a drink, and it turns into a few more throughout the course of the evening. Know when you’re too drunk to drive to make that decision. Should you get in your car to drive home, or it better to call an Uber and play it safe?

If you have to ask yourself “Am I too drunk to drive,” it’s probably best to open that ride-sharing app. Frankly, this is the easiest way to know when you’re too drunk to drive. If you think you might be, you probably are. However, when you need a little reassurance, we’ve gathered a few tips to help prevent you from drunk driving.

Understanding Your Limits

Any responsible adult should know their limits when it comes to drinking. With today’s plethora of alternative transportation options, it’s easy to have a back up plan, even on the fly. When you drink, it’s easy for the impaired mind to rationalize, though. You convince yourself that you’re okay to drive. In reality, you might not be.

When you understand your limits ahead of time, you can avoid going over your limits. More importantly, you can avoid DWI charges and the severe toll they have on your personal and professional life.

1 Hour = 1 Drink

On average, the body processes about one alcoholic drink per hour. However, this doesn’t mean that you can take down those 5 drinks in a single hour and wait around 5 hours before you get behind the wheel.

Instead, it’s important to pace yourself, using your best judgment. Remember that this differs based on your body. Smaller-than-average people, for example, might need more time for their body to process each drink.

Calculating Your BAC

Your BAC is your breath/blood alcohol content. Your body weight is a major factor when it comes to long it takes you to process alcohol. There are some sophisticated apps and calculators that help you consider the following factors in order to estimate your BAC.

In Texas, the legal limit for your BAC is 0.08. When you approach this level, it’s important to find a safer ride. When you surpass this level, you risk Driving While Intoxicated (DWI) charges in addition to putting your fellow Houstonians at risk on the road. Meaning you’re too drunk to drive. Should you find yourself facing DWI charges, contact our Houston DWI lawyers immediately.

Your Houston DWI Lawyer

When you face a DWI conviction, it’s important to have an experienced Houston DWI defense attorney on your side. At The Martinez Law Firm, we advocate for our clients’ best interests to help them avoid the severe consequences of a DWI in Texas.

If you’ve been arrested for a DWI, it’s important to act fast. Call our legal team today to schedule a free consultation.

reduce dwi charges in Houston

Houston DWI Fines: How to Reduce DWI Charges

In Houston, DWI fines are nothing to scoff at when charged with this crime. Texas takes driving while intoxicated (DWI), or drunk driving, charges quite seriously. From maximum fines in the thousands to jail time and interlock devices, the penalties for a DWI can be quite severe. Moreover, these penalties change based on certain factors. 

Nevertheless, a Houston DWI lawyer like Herman Martinez can fight to reduce your charges or potentially even get them dismissed. When you face DWI charges, it is crucial to call on a DWI defense attorney to discuss the unique details of your case. A DWI conviction has severe financial and personal consequences, even for first-time offenders. 

What Are the Penalties for a DWI? 

In Texas, you are legally intoxicated when you lose the normal use of your mental or physical faculties or your blood/breath alcohol concentration or BAC reaches 0.08%. A BAC at .15% or over raises the penalties to the same as a second offender, even if it is your first offense.

First offense

Second offense

Third offense

DWI Charges with a Child Passenger 

An example of the variables that significantly change your case, having a child passenger as you drive drunk drastically increases the penalties of your DWI. 

Can I Reduce Houston DWI Fines? 

While many other states have anti-plea-bargaining laws in place for DWI offenses, Texas allows prosecutors to offer reduced charges in certain cases. Your Houston DWI defense attorney fights to negotiate with prosecutors to lower your DWI charges. 

When your lawyer has your charges reduced, it means the charge lowers in severity to that of a lower crime. Oftentimes, this leads to more leniency with fines, jail time, and other restrictions resulting from the case. 

What Are Some Examples of Reduced DWI Charges? 

These are just certain examples of how to avoid Houston DWI fines through reduced charges. When you hope to pursue avenues such as these, it is crucial that you hire an experienced Houston DWI lawyer to act as your advocate in Court. 

When you face DWI charges in Harris County, call on the DWI defense team at The Martinez Law Firm. With decades of experience as a former Judge and Chief Prosecutor, we know the system to advocate for your best results.  Contact us today to schedule a free case consultation.

what to do after a DWI arrest in Houston

Need to Know After a DWI Arrest in Houston 

After a DWI arrest in Houston, you might feel overwhelmed or intimidated. For many people, it is their first time dealing with the law. When the officer reads you your rights and books you into jail, it is no laughing matter. Everything that follows the arrest simply compounds the fear and pain. It’s a confusing time. 

However, when you have the right knowledge of the process, it is much easier to make it through. Herman Martinez is a DWI lawyer in Houston with a great deal of experience helping to dismiss. Through the guide, we help you understand the DWI process in Houston and surrounding areas. 

If you still have questions after reading or need representation, contact our offices for a free legal consultation today. 

What to Know Following a DWI Arrest in Houston 

After a DWI arrest in Houston, a lot can happen. It’s crucial to understand the overall processes that happen. 

• The administrative process decides the future of your driving privileges. 

• The criminal process determines your guilt or innocence, potentially establishing a permanent criminal record. 

The Costs of DWI Arrests 

When you want to fight your charge with a lawyer, there are costs. These costs have an impact on your bank account as well as your future. 

What Should I Do After a DWI Arrest in Houston, TX? 

Following your DWI arrest, there are a few things you should keep in mind. 

• Do not speak to the police aside from providing identification such as your name or address. 

• At your arraignment, do not plead guilty. 

• Within 15 days, request an ALR – administrative license revocation hearing. 

• Contact a criminal lawyer as soon as possible 

When you have a DWI lawyer on your side quickly, they can represent you at the arraignment hearing. Moreover, they can request the ALR hearing and provide representation there as well. 

Your Houston Lawyer 

Of all the things you should do after a DWI arrest in Houston, contacting a DWI defense attorney is crucial. You need an advocate on your side committed to your best interests. Oftentimes, a trial is your best bet to obtain your best result.

A DWI defense is about more than avoiding a conviction. It is about your future and your reputation. What you do after a DWI arrest makes a huge difference in your life. Simple mistakes are detrimental to your future, so you need the right lawyer at your side. 

Contact The Martinez Law Firm today to learn more about your options for DWI defense. 

how can a dwi affect my job?

DWI in Texas: Can You Lose Your Job?

Can you lose your job in Texas when you get a DWI? Avoid a DWI conviction, it’s not worth your job. In Texas, employment is at-will, which means your employer does have the right to fire you upon a DWI conviction in many cases. Legal statutes prevent your boss from firing you for a variety of reasons protected by the Equal Employment Opportunities Commission. However, these laws do not apply to criminal convictions.

Union and government workers have some additional protections from at-will termination. Unfortunately, though, a majority of Texas workers do enjoy these protections. Therefore, your employer more than likely has the right to terminate your position when you get a DWI in Texas.

A majority of employers likely won’t terminate you without a specific cause. Still, it’s important to avoid having a DWI in Texas for this reason and many others. If you face DWI charges, a lawyer can help you avoid the complex unemployment program in Texas.

What Jobs Have a Higher Chance of Termination for a DWI in Texas?

While many employers have the option to fire you for a DWI in Texas, some companies have their hands forced in drunk driving cases.

Driving or Operating Heavy Machinery

When driving is a core aspect of your job duties, your employer may have restrictions on their insurance that do not allow them to keep you employed. Jobs that require the operation of heavy machinery or where safety is an issue are likely to face a similar problem.

Moreover, truck drivers should remember that they could lose their commercial driver’s license (CDL) over a DWI in Texas. After a commercial DWI, your employer has no choice but to let you go.

Jobs Involving Children or At-Risk Adults

People who work with children, such as a therapist or teacher, may face termination of a DWI conviction. This is because drunk driving convictions create potential liability issues. Similarly, you might lose your job over a DWI when you work with vulnerable adult populations. This includes the elderly as well as special needs adults.

Sensitive Data or Financial Assets

When your job involves financial assets or sensitive information, you face termination because your conviction makes you a criminal. These assets range from securities and medical assets to insurance, real estate, and banking. However unrelated your conviction is, it puts your employment at risk.

Professional Licenses

A majority of the professional licensing boards in Texas reject applications with DWIs on their records. Similarly, a DWI in Texas can result in losing your professional license. Teachers, realtors, and nurses all require professional licenses. A DWI conviction puts your livelihood in jeopardy. Even outside of these industries, a DWI conviction puts your job at risk.

Avoid Getting Fired for a DWI in Texas

When you have a DWI on your record, the best thing to do is be upfront and honest. Eventually, every employer finds out, so staying ahead of it is of benefit to you. If you make it clear that this DWI in Texas was a one-time occurrence, they might be understanding.

Of course, your best bet is to avoid a DWI conviction altogether. Herman Martinez is a lawyer with decades of experience helping people mitigate DWI charges. Schedule a free consultation to explore your options. Our DWI defense attorneys fight to reduce or dismiss your charges, always pursuing your best interests.

Contact the legal team at The Martinez Law Firm today to schedule a free case evaluation.

what is a controlled substance dwi?

Controlled Substance DWI: What Is It? 

Oftentimes, a controlled substance DWI comes as a surprise to many. Typically, people associate driving while intoxicated (DWI) laws with alcohol and nothing more. However, Texas law does not agree with them. Because the effects of controlled substances are at times similar to alcohol, the law views intoxication the same.

The vast majority of controlled substances may have an impact on your driving because they impair your motor functions. Even some prescription drugs could lead to a controlled substance DWI in Texas. 

If you or a loved one faces charges for a DWI that involves drugs, contact an experienced DWI attorney. At The Martinez Law Firm, we have decades of experience with DWI defense cases. Contact us today for a free consultation. 

Do DWI Laws in Texas Include Drugs? 

A controlled substance DWI is a serious charge in the state of Texas. While many believe that only alcohol leads to DWI charges, the truth of the matter is that driving while intoxicated due to the use of drugs can also lead to a DWI.

Per Texas Penal Code § 49.04, you commit a DWI when you: 

• Operate a motor vehicle on a public road and 

• Your BAC is at or above .08 OR

• You have lost the normal use of your mental or physical faculties due to the use of a controlled substance of alcohol

With alcohol, law enforcement may have a much easier time detecting intoxication. Moreover, a chemical test and field sobriety test allows them to assess your physical and mental condition. When it comes to a controlled substance DWI, it is a bit more complex.

Controlled Substance DWI Testing 

Oftentimes, the police default to blood or urine analysis when they suspect drugs are what caused the driver to drive intoxicated. However, neither of these processes are perfect. This is because traces of some drugs remain in your system long after their effects have worn off.

For instance, marijuana has the potential to stay in your system for two weeks, even when you do not use it regularly. This is because the metabolites and other chemical components remain in your body for days or even weeks after using the drug. The police might charge you with a controlled substance DWI because drugs you used days ago appeared in your test results. 

While blood tests are more accurate in terms of drug use, this analysis still has problems. For example, human error can lead to a false positive when a lab technician makes even a slight mistake. Additionally, outdated equipment in a crime lab can lead to incorrect results. 

People often ask DWI defense attorneys whether they should submit to DWI testing. Typically, attorneys respond with, “No, you should not comply.” 

When you refuse a test, it makes their job more difficult because they need to rely on objective or circumstantial evidence if they do not obtain a search warrant to obtain your blood.

Charged with a DWI for Controlled Substances? Call A Lawyer 

If a controlled substance led to a DWI for you or someone you know, it is crucial to contact an experienced DWI defense attorney. It would be best if you never took chances with DWI charges because they can have a severe impact on your life. 

Contact The Martinez Law Firm at (713) 242-1779 today to schedule a free consultation with our trusted legal team. At your consultation, we can discuss your charges and set the path for your defense. 

avoid Thanksgiving DWI's

Avoid a Thanksgiving DWI Arrest

With Thanksgiving just around the corner, the holiday season is in full swing. While they look a little different this year, many people decide to take calculated risks to see their loved ones. Whether you plan to drive out to see your in-laws or stop by a friend’s house for Friendsgiving, be careful of Thanksgiving DWIs. 

As experienced Houston DWI lawyers, we see these instances peak every year around the holiday season. Many don’t consider Thanksgiving to be a day of heavy drinking. However, law enforcement agencies often think of Thanksgiving as one of the busiest when it comes to DWI arrests.

A quick note:

If you gather with your family this holiday season, we hope you take full advantage of the free drive-through COVID testing locations around Houston. Before you put anyone at risk, a quick test can ensure you have a much safer Thanksgiving. Results take up to 72 hours but often come back as quickly as the next day. 

Holiday Season and Thanksgiving DWI’s

Frequently, the holiday season comes with an increase in checkpoints across Harris County. Police stop cars to check the driver’s condition in hopes of preventing severe car accidents. Per this information from Scram Systems, over 800 people died in drunk driving accidents in the mid-2010s during the Thanksgiving holiday period. 

As with most holidays, alcohol tends to be a significant part of seasonal celebrations. After all, there’s a reason people refer to Thanksgiving Eve as Blackout Wednesday. Law enforcement officials know this and often plan extra measures to keep the roads safe. 

Every year people plan extensive road trips or even short trips across town to see their loved ones. Hopefully, this year sees fewer people on the road. However, it is essential not to let drunk driving squash the holiday spirit. 

However, a Thanksgiving DWI arrest is not always handled unlawfully. That’s why you need an advocate on your side. Call our legal team to schedule a free case evaluation today.

Thanksgiving DWI Arrest? Call on Our DWI Defense Attorneys

Our experienced Houston DWI lawyers will help you stand up for your rights at The Martinez Law Firm. While the best way to avoid a Thanksgiving DWI is not to drink and drive, people find themselves in these situations. Remember that even though Texas is strict with DWI cases, you have options. 

Our DWI defense attorneys understand how to evaluate the evidence. We can help you fight for the best possible outcome for your case, working to reduce or dismiss charges. Have a safe holiday season, and call on The Martinez Law Firm whenever you require an advocate.

how to appeal a DWI in texas

You have the option to appeal a DWI in Texas per Texas Code of Criminal Procedure § 44.02. This code establishes the defendant’s right in any criminal case to appeal the court’s decision. Typically, the basis for your appeal must state that the court misapplied the law or allowed inappropriate behavior that led to a wrongful conviction.

For example, some common errors utilized in DWI appeals include the following:

• Court rulings that were made in error 

• Testimonies that should have been excluded

• Improper conduct on the part of the prosecutor

When you work with an experienced Houston DWI defense lawyer, they will help you identify and demonstrate errors made in your case. In doing so, the court may grant your request for a new DWI trial. 

File a DWI Appeal in Texas

How to Appeal a DWI in Texas 

To appeal a drunk driving conviction in Texas, you have to file a motion for appeal with the court’s Clerk where your initial trial occurred. Similarly, you can file a Motion for New Trial, which is the next step in the process if the court grants your request to appeal a DWI. 

Generally, the clerk forwards the motion and relevant documentation to the appeals court. Then, the court obtains the necessary information they require to consider the motion. Oftentimes, this includes a subsequent appellate brief that explains the justification for the appeal. Upon consideration, the court files its own brief and rules on your appeal. 

When you work with a Houston DWI lawyer, their law firm handles this process on your behalf. Typically, the legal process is difficult to navigate, leaving people open to missteps that have their appeals thrown out. When you face a charge of driving while intoxicated, you need a defense attorney fully familiar with the process. 

At The Martinez Law Firm, we have decades of experience helping people appeal DWI rulings. Contact us today for a free consultation on our legal representation and let us help you appeal to a DWI in Texas. 

How Much Time Do I Have to Appeal a DWI in Texas? 

To be frank, you don’t have much time when you want to appeal a DWI decision. When you miss the deadline, you lose your right to appeal. Keep this in mind. 

You have 30 days to file a petition and appeal to a DWI in Texas. 

Time is not on your side, and you need to act quickly. With a DWI on your record, your options are severely limited. When you have a chance to fight, it’s important to work with a Houston DWI lawyer to appeal your case. 

However, missing the deadline does not mean you are out of options. When you miss the deadline, a Houston DWI defense attorney with the right experience will know how to help you find other potential options. 

What If I Lose My Appeal? 

In Texas, if you lose your DWI appeal, you might have another option. Depending on your initial trial location, your appeal proceeding takes place in a Texas Court of Appeal. When you want to appeal their decision, you have the option to file a motion with the Texas Court of Criminal Appeals. 

Generally, people only pursue this level when they face potential felony charges, which come with severe penalties. Your DWI defense lawyer is there to act as your advocate and provide legal advice so that you can determine the best path for your defense. 

What Happens If I Win the Appeal? 

When you appeal a DWI and win, the court schedules a new trial for your original charges. While you are not in the clear just yet, your Houston DWI defense lawyer should have a better understanding of the evidence and what went wrong in the first case.

While this does not guarantee a victory, you often stand a better chance to gain a favorable result. Moreover, your attorney has the opportunity to negotiate before the trial. In doing so, they may be able to reduce the charges or even have them dismissed entirely. 

When to Hire a Houston DWI Lawyer to Appeal a DWI

There is no requirement to have legal representation in Texas when you appeal a DWI or even go to trial. However, it is important to consider the experience of a Houston DWI defense lawyer. The appeals process for drunk driving cases is quite complicated. 

Moreover, many criminal defense attorneys lack full knowledge of the process and proceedings, so handling it yourself can lead to many missteps. When you miss a deadline or commit an error while filing motions, it puts your appeal in jeopardy. 

An experienced Houston DWI lawyer knows how to evaluate the evidence and facts within your case. In turn, they determine how viable your appeal is and how best to approach it.

Want to Appeal a DWI in Texas? Call Us for a Free Consultation 

Our Houston criminal defense attorneys at The Martinez Law Firm offer comprehensive legal representation to people who face charges related to DWIs and drunk driving. With decades of experience in the courtroom, our Houston DWI lawyers understand how Texas’s criminal justice system works. 

With our legal team, we utilize this knowledge and experience to advocate for your best interests. Let us fight for your future and help you attain the best possible outcome in your DWI case. 

If you have questions about how to appeal to a DWI in Texas, contact our law firm for a free consultation. We can discuss and evaluate your case and provide legal advice on how to proceed. 

how to get dwi dismissed in texas

Having a DWI Dismissed in Texas 

Having a DWI dismissed in Texas may seem like an impossible task. However, with the right DWI lawyer on your side, it is entirely possible. Still, the Lone Star State is known for having some of the strictest DWI laws across the United States. In the state of Texas, you can be charged with driving while intoxicated (DWI) when your blood alcohol concentration is .08% or higher (.04% for commercial drivers). 

When you test above the legal limit, a DWI conviction can feel almost inevitable. However, it is important to know that it is possible to have DWI charges dismissed or reduced. Even when the prosecution has evidence against you, you have options. The right Houston DWI lawyer will advocate for you and guide you through the process. 

How Can a DWI Charge be Dismissed? 

For a talented criminal defense attorney, there is an array of options to have DWI charges dismissed or at least reduced. Oftentimes, these are options that the average person may not think to explore. For instance, when a breathalyzer is not properly maintained, any evidence it produces cannot be used against you. Similarly, when your rights are infringed upon in any way throughout the arrest process, your DWI case could potentially be dismissed. 

While these are just two examples of how a DWI lawyer might defend you, it is also important to remember that the burden of proof lies with the prosecution. This means that they must prove beyond a reasonable doubt that you are guilty. If they are unable to show that the arrest process was handled properly, the court may not convict you.

This is one reason why it is crucial to work with experienced criminal defense attorneys, such as Herman Martinez. When you do, it dramatically improves your chances to have your DWI dismissed or your charges reduced. 

What Happens After a DWI Dismissal? 

A DWI dismissal is the best possible outcome for anyone accused of driving drunk. While it is not always possible, a Houston DWI lawyer can still work to reduce the penalties. In the State of Texas, DWI penalties can be severe.

DWI consequences include:

Are DWI Courts Closed Due to the Pandemic? 

No. Most locations throughout Texas have reopened courts or shifted to virtual hearings. However, a backlog of cases may cause DWI cases to be postponed for at least a 30-day period. Some Texas DMV locations may remain closed during this health emergency, which may cause delays for DWI driver’s license suspension hearings for many people. 

When you want to have your DWI dismissed, it is crucial for any DWI defendant without a court date or with a postponed hearing to seek legal advice. An experienced Houston DWI lawyer will pinpoint the best defense to beat DWI charges as quickly as possible. 

Working with a Houston DWI Lawyer 

Have you been arrested for DWI? Whether you’ve had a breath or blood test, our defense team will examine the police report to find the best possible defense to have your case dismissed. When you work with a defense lawyer, they will examine every aspect of your arrest and help you avoid criminal charges.

When you need a DWI dismissed, a Houston criminal defense attorney is essential. An experienced DWI lawyer will fight for your rights and strive to attain the best results possible for your case. If you find yourself facing DWI charges and in need of a talented DWI defense team, please contact us today. 

how to fight your first DWI

Navigate Your First DWI in Texas with a DWI Lawyer 

In the state of Texas, drinking and driving is a serious offense. With a DWI in Texas, you face severe penalties regardless of whether it’s your first, second, or third DWI. Your first DWI in Texas is a class B or A misdemeanor. If the court convicts you, it can cost you thousands of dollars in fines and up to one year in the county jail. However, these are still the lesser of the punishments you could face when your situation is more complex. 

A Houston DWI defense attorney can help you navigate the proceedings and advocate to reduce or dismiss your charges.

Houston’s Rise of DWI Cases

As Texas began to reopen earlier this summer, we saw an increase in DWI cases in Texas. According to the Harris County District Attorney’s Office, 278 people were charged with DWI over the course of the Memorial Holiday weekend. This is just 43 cases fewer than the same long weekend in 2019. 

“As things began to open up and restrictions ease, you saw a gradual increase (in DWIs),” Sean Teare, head of the Vehicular Crimes Division of the Harris County DA’s Office was quoted saying. “We’re in the middle of a pandemic, we have bars and restaurants open at 25 percent capacity, and we see no drops as in years past. My concern is as we open up, you’re going to see more people try to make up for a lost time, so to speak.”

Typically, when the police arrest someone for a crime in Texas, they don’t receive any penalties until they receive a conviction from the court. However, this is not true for drunk driving in Texas. 

A first-time DWI offender is likely to face administrative penalties before they go to court. Should they go to court and receive a conviction, they may face criminal penalties.

Your First Penalty: Suspension of Your License 

When you fail or refuse to take a chemical test, Texas law allows the officer to seize your license. Then, you receive a “Notice of Suspension” from them. This notice allows you to drive, functioning as a temporary driving permit. 

You have 15 days to request a hearing to save your license. Otherwise, you can continue to drive on the temporary permit for 40 days. However, it is important to know that when you do not contest the decision, your license will be automatically suspended anywhere from 90-180 days. 

The good news is that if your driving privileges get suspended, you can apply for an occupational license. This license restricts all your driving privileges except the allowance to drive to school, work, and essential locations.

To obtain an occupational license, you must agree to an ignition interlock device and provide evidence of an SR-22.

The Second Penalty: Potential Criminal Penalties

Oftentimes, a first conviction is a class B misdemeanor. There are exceptions to this, though, which include a blood alcohol content (BAC) of .15 percent. The legal limit in Texas is .08 percent. When you hit or exceed .15 percent, it becomes a class A misdemeanor. 

Upon conviction of a DWI in Texas, you receive a fine, a jail sentence, or both. The maximum penalties are $2,000 for class B and $4,000 for class A. Your potential jail sentence could range from 72 hours to 6 months (or a year for class A). 

These fines and sentences are standard. However, even for a first-time DWI in Texas, there’s more. 

When the suspension of your license ends, you may also have to pay an annual surcharge for three years. This surcharge is often between $1,000 and $2,000. 

Potential Additional Penalties for DWI in Texas 

While the penalties above cover the DWI in Texas, the situation may call for additional penalties. For instance, when you are caught drunk driving with a minor in the car, you face escalated penalties. DWI with someone under 15 in the vehicle is a felony, and your fine can increase up to $10,000. You may also face up to two years of State jail time. 

If you get in an accident where someone dies, the charge can include Intoxication Manslaughter, which is a second-degree felony. This crime can give an offender 2-20 years in the Texas Department of Corrections

Examples of DWI Defense Plans 

While a DWI in Texas is incredibly serious, you have legal arguments when pulled over while intoxicated but have a good reason. Oftentimes, it is not possible to argue that you weren’t intoxicated unless the tests prove it. Instead, some DWI defense plans include: 

In other cases, you may be able to argue a technicality. 

You may refuse a blood test or chemical test.

You Need a DWI Lawyer 

A DWI in Texas is one of the most common crimes. Sometimes, drivers do not take DWIs as seriously as they should. However, treating them as inevitable is a mistake because the state takes them quite seriously. 

Have you been arrested for a DWI in Texas? Call on our DWI defense attorneys to stay in control of what happens next.