Is DWI a Misdemeanor in Texas?
The short answer to this question is yes, in Texas, Driving While Intoxicated (DWI) is typically classified as a misdemeanor offense. However, the severity of the consequences and the range of possible penalties can vary greatly depending on the specifics of the case.
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What is DWI?
Driving While Intoxicated (DWI) in Texas is defined as operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both. The specific statute governing DWI is found in Texas Transportation Code, Section 49.04, which states that a person commits DWI if they:
- Have an alcohol concentration of 0.08 or greater at the time of testing
- Are under the influence of alcohol or a drug to the extent that it impairs their mental or physical faculties
- Fail to perform a standard field sobriety test (FST) to the extent that it appears their ability to operate a vehicle is impaired
Types of DWI Offenses in Texas
Texas categorizes DWI offenses into two main categories:
- Class B Misdemeanor DWI: This is the most common type of DWI charge and is typically prosecuted for first-time offenders. Penalties for a Class B Misdemeanor DWI can include up to 180 days in jail, a fine of up to $2,000, and a suspended or revoked driver’s license for up to 365 days.
- Felony DWI: If you have a prior DWI conviction within the last 10 years, you may be charged with Felony DWI. Penalties for a Felony DWI can include 2-10 years in prison, a fine of up to $10,000, and a suspended or revoked driver’s license for 1-5 years.
Enhanced Penalties for DWI
The following factors can enhance the penalties for a DWI offense in Texas:
- Second or subsequent offense: If you have been previously convicted of DWI within the last 10 years, you may be charged with a Felony DWI.
- BAC of 0.15 or higher: If your blood alcohol concentration (BAC) was 0.15 or higher at the time of testing, you may be subject to enhanced penalties, including longer jail sentences and larger fines.
- DWI with a child passenger: If you had a child under the age of 15 in your vehicle at the time of the DWI, you may be charged with a State Jail Felony DWI, which carries more severe penalties.
- DWI with an open container: If you were transporting an open container of an alcoholic beverage in your vehicle at the time of the DWI, you may be subject to enhanced penalties.
Penalties for DWI Offenders in Texas
The following penalties may be imposed on individuals convicted of DWI in Texas:
Charge | Jail Time | Fine | License Suspension |
---|---|---|---|
Class B Misdemeanor DWI | Up to 180 days | Up to $2,000 | 90-365 days |
Felony DWI | 2-10 years | Up to $10,000 | 1-5 years |
Consequences of a DWI Conviction in Texas
A DWI conviction in Texas can have long-lasting consequences, including:
- Increased Insurance Costs: Your insurance premiums may increase significantly after a DWI conviction.
- Loss of Employment or Professional Opportunities: A DWI conviction can impact your employability and professional prospects.
- Social Consequences: A DWI conviction can damage your social reputation and relationships.
- Increased Fines and Penalties: Future DWI convictions can result in longer jail sentences, larger fines, and longer license suspensions.
Defense Strategies for DWI Cases in Texas
If you are charged with DWI in Texas, it is important to consult with an experienced attorney who can help you build a strong defense strategy. Some common defense strategies used in DWI cases in Texas include:
- Challenging the Validity of the Traffic Stop: If the traffic stop was unlawful, it may be possible to challenge the validity of the subsequent arrest and any evidence collected during the stop.
- Challenging the Results of Field Sobriety Tests: If you refused to take a standardized field sobriety test or if the test results are inconsistent with the evidence, it may be possible to challenge the results and avoid a conviction.
- Challenging the Reliability of Breathalyzer Test Results: If you took a breathalyzer test and the results were allegedly over 0.08, it may be possible to challenge the reliability of the test results and question whether the test was conducted correctly.
- Showing Evidence of a Medical Condition or Intoxication by Means Other Than Alcohol: If you have a medical condition that may have impaired your ability to operate a vehicle or if you were intoxicated by means other than alcohol, it may be possible to argue that your behavior was not the result of drinking and driving.
In conclusion, while a DWI conviction in Texas can result in significant consequences, it is important to remember that you have legal options available to you. An experienced attorney can help you build a strong defense strategy and work to mitigate the penalties associated with a DWI conviction. If you have been charged with DWI in Texas, do not hesitate to contact a lawyer today to schedule a consultation and learn more about your legal options.