Being arrested for drunk driving is frightening, embarrassing, and potentially devastating, no matter where the arrest occurs. In Texas, someone is hurt or killed every twenty minutes in an alcohol-related crash. If you have been charged with a DWI in Waller, TX, you will need strong and effective representation to help you with the charges. Speak with a Waller DWI lawyer with the firm of Eddington Worley Attorneys at 855-600-6695 for assistance with your DWI or drunk driving charge.
DWI Laws in Texas
As a Waller DWI lawyer can tell you, in Texas you are deemed legally intoxicated if you have a blood alcohol concentration (BAC) of 0.08 or more. You can also be arrested and charged with DWI if you drove impaired regardless of what your BAC is. Whether you are a driver or a passenger, you will be fined $500 if you have an open bottle of alcohol in your car.
The punishment for a DWI becomes more severe depending on any previous convictions you may have on your record. If you have had more than two convictions within a five-year period, you are required to install an ignition switch that automatically prevents you from driving if you have been drinking.
Sobriety checkpoints are not allowed in Texas.
DWI with a Child Passenger
If you are arrested with a child under fifteen years of age in your car, you can be charged with child endangerment and you may receive a sentence of:
- Up to two years in jail
- Loss of your driver’s license for six months
- A fine in the amount of $10,000
Penalties for First, Second, and Third Offenses
The more convictions you have, the more severe your penalties for drunk driving or a DWI will be. For example, in a:
First Offense
Your punishment may be:
- Three days to six months in jail
- Losing your driver’s license for up to a year
- A fine of up to $2,000
- An annual fee between $1,000 and $2,000 for three years to keep your driver’s license
Second Offense
Your punishment may be:
- One month to one year in jail
- Losing your driver’s license for up to two years
- A fine of up to $4,000
- An annual fee between $1,000 and $2,000 for three years to keep your driver’s license
Third Offense
Your punishment may be:
- Two to ten years in prison
- Losing your driver’s license for up to two years
- A fine of $10,000
- An annual fee between $1,000 and $2,000 for three years to keep your driver’s license
Besides the penalties listed above, the consequences of a drunk driving conviction on your record may be that you can be turned down for certain jobs, denied educational opportunities, and turned down for rental housing.
Good Advice for Drivers
- Never drink and drive
- Designate a driver
- Call a taxi or spend the night where you are to avoid driving while drunk or intoxicated
Refusing to Take a Breathalyzer Test
Some people that are pulled over by police for drunk driving or DWI refuse to take a breathalyzer test. If you are pulled over and refuse to take the test, your license may be suspended automatically, and you can face jail time. Prosecutors can still charge you with a DWI based on other evidence collected at the scene including the police report, witness statements, and the outcome of a field sobriety test. Refusing to take the test can also be used against you during a trial. Refusing to take a Breathalyzer test at the scene of your arrest may not carry penalties as severe as refusing to take a blood or urine test at the hospital or the police station.
The Implied Consent Law
Under the implied consent law in Texas, if the arresting officer has probable cause to believe that you are driving under the influence of alcohol or drugs, you must consent to be tested since you automatically consented to take a BAC test in exchange for having your driving privileges. Driving is considered a privilege and not a right.
If you refuse a test and have convictions on your record, the penalties may be more severe. BAC testing is mandatory in a drunk driving or DWI arrest if there are serious injuries or a fatality, or if you have prior convictions for intoxication assault, intoxication manslaughter, two or more prior DWI convictions, or one prior conviction involving a child passenger.
The Texas Impaired Driving Plan
In 2018, the Texas Department of Transportation Impaired Driving Task Force (TIDTF) came up with a plan to identify strategies and countermeasures that may help to reduce injuries and death caused by impaired driving. The plan has five main objectives for creating action plans to combat driving while impaired, including:
- Using data systems to identify alcohol licensed and permitted locations and their history of Alcoholic Beverage Code violations
- Increasing education for all drivers on the impact of impaired driving
- Increasing contact between police and impaired drivers through normal traffic enforcement
- Improving mobility options for impaired drivers
- Increasing training and resources for police and prosecutors in the area of intoxicated driving
If you have been arrested for drunk driving or DWI in Waller, TX, the team at Eddington Worley Attorneys at 855-600-6695 is waiting to help you. Speak with a Waller DWI lawyer today for a free and no obligation case review.
