In addition to the administrative penalties, like driver's license suspension, a driving while intoxicated (DWI) offense can attract serious and life-altering legal consequences after conviction, including up to ten years of jail time. Since it is a priorable crime, the penalties you will face after conviction will become harsher if you have a prior DWI conviction on your criminal record.
That is true even if the prior DWI conviction occurred in another state. When you are under investigation or have pending DWI charges, retaining the legal assistance of a seasoned criminal defense attorney could be helpful.
Even if you are certain the allegations you face are untrue, you must support your argument in court to secure a desirable outcome. That is where the services of an aggressive criminal defense attorney become critical.
DWI at a Glance
According to the Texas Penal Code (PC) 49.04, it is illegal for someone to operate a car in any public space while intoxicated by alcohol or drugs. The term “intoxication” under this statute could mean having a blood alcohol concentration (BAC) that exceeds the legal limit of 0.08% or not having the physical and mental capacity to operate a car like a cautious driver would in a similar situation.
To determine your BAC level, the police will ask you to blow into a gadget known as a breathalyzer, which determines the amount of alcohol in your breath vapor. However, it is worth noting that a police officer can arrest you for an alleged DWI offense even if your BAC was below the legal threshold of 0.08% if he/she determines that you do not have the proper mental and physical ability to drive cautiously.
Also, when you are underage or a commercial driver, the BAC legal threshold you must comply with could vary. For example, if you are a commercial driver, driving with a BAC that exceeds 0.04 percent is illegal. On the other hand, when you are underage, operating a car with any detectable amount of alcohol in your system is unlawful under the zero-tolerance laws.
Generally speaking, a DWI is a grave offense that could carry lifelong consequences after conviction. However, you do not have to navigate the complex and confusing legal process alone. Ensure you consult a credible criminal defense attorney to help craft legal defense arguments to challenge and weaken the prosecutor's evidence against you for the best possible outcome.
An Overview of First, Second, and Third DWI Offenses
Following an arrest for an alleged DWI offense, the prosecutor could file a first, second, or third DWI charge against you, depending on your criminal background. Subsequent DWI charges will attract graver legal consequences than the first because they show you are a notorious offender. Here is a look at the first, second, and third DWI offenses, respectively:
First DWI Charge
As the name implies, you will face a first DWI offense if you do not have a record of DWI-related offenses. If it is your first DWI, the prosecutor will file your offense as a Class B misdemeanor. Since it is a misdemeanor, many people underestimate the seriousness of the offense, but it could attract serious consequences after a conviction. After a conviction at trial, you should anticipate the following penalties:
- Up to seventy-two (72) hours to 180 days of jail time
- A fine not exceeding $2,000
- License suspension for not more than one year
- Attend an alcohol education program
- Increased insurance premiums
- Annual surcharge of up to $2,000 to retain your DL
If your BAC level was at 0.15 percent or higher at the time of your arrest, the prosecutor could file Class A misdemeanor charges against you, resulting in harsher consequences after conviction, including:
- Up to one year of jail time
- A fine amounting to up to $4,000
Other additional consequences you could face after a first DWI conviction include the following:
- Agree to install an ignition interlock device (IID) in your car at your cost
- Perform community service
- Up to 24 months of misdemeanor probation
Complying with the set conditions is vital if the court awards you probation instead of jail time. Any breach or violation of the court-set probation could lead to a rearrest and another criminal charge.
Second DWI Charge
When the police arrest you for an alleged DWI offense, the prosecutor will file a second DWI charge against you if you have one prior DWI in your record. Unlike other states like California, which has a “lookback period” where your past convictions only count for a specific limited time (ten years), the prosecutor will consider your entire lifetime record of DWI convictions when determining the degree of your offense.
That means, even if your past arrest occurred 20 or 30 years ago, any DWI-related charge could attract a second-time DWI charge. Unfortunately, repeat DWI offenses not only hit harder on the legal consequences but also financially with fines, surcharges, and deeper economic tolls. If your case goes to trial, the prosecutor must prove the facts listed below to secure a guilty verdict against you for a second DWI offense:
- You were operating a motor vehicle
- You were intoxicated, meaning your BAC was at or above the legal threshold, or you had impaired faculties
- You have a prior DWI on your criminal record
If the prosecutor has enough evidence to back up these facts, the judge will convict you for a second DWI offense, which is punishable by:
- Up to one year of jail time
- A fine not exceeding $4,000
- Up to two years of license suspension
- Annual surcharge of up to $2,000
- Install an ignition interlock device on your phone for up to two years (mandatory)
In addition to these legal consequences, the court could also order the following:
- Attend a DWI intervention program that lasts at least 32 hours
- Perform community service
- 2-year probation
Aggressive legal representation could mean the difference between a conviction and walking free if you are under arrest or charged with a second DWI offense. However, you could still face administrative consequences, including DL suspension from the Texas Department of Public Safety, if your attorney successfully manages to secure a dismissal of your case.
Third DWI Charge
A third DWI charge crosses a grave legal threshold because the prosecutor can file it as a third-degree felony. After conviction, this offense could attract life-altering consequences that extend beyond the immediate standard legal penalties. Generally speaking, after a third DWI conviction, you should expect the following penalties:
- A jail sentence of not more than ten years
- A fine not exceeding $10,000
- 2 years of DL suspension
- A felony record, which is permanent unless you secure a governor's pardon or expungement
Other Collateral Consequences of a DWI Charge Conviction
As previously mentioned, the consequences of a DWI conviction could extend beyond the legal consequences the court could impose. In addition to the hefty fines and lengthy jail time, a DWI conviction could attract the following collateral consequences:
Loss of Your Civil Rights
When the prosecutor secures a felony DWI conviction, you could lose your right to vote (when behind bars) and the legal right to own or carry a firearm. However, your loss of firearm rights is not permanent. According to Penal Code (PC) 46.04 (a), you can own or carry a firearm five years after serving jail time or probation.
Carrying or owning a firearm before this timeline could attract criminal charges under PC 46.04. A conviction under this statute could attract felony penalties, including up to ten years of jail time and a fine not exceeding $10,000.
Employment Challenges
A conviction for any criminal offense could attract employment barriers, making it challenging to secure a reliable job, especially if you are a professional driver. Generally speaking, most employers nowadays will consider your criminal record before hiring you in their companies or organizations.
That means if your prospective employer does a background check on you, a DWI conviction could negatively impact your employability.
Housing Challenges
Another repercussion of having a DWI conviction on your record is the challenges of securing reliable housing. Like employers, most landlords will screen your criminal background before allowing you to live in rentals or apartments.
Professional License Challenges
If you own a professional license, your licensing agency or board could revoke or suspend it following a DWI conviction. That is particularly true if this offense is significantly related to your duties or profession. For example, if you are a doctor or dentist, your licensing board will likely revoke your practice license after a DWI conviction.
Similarly, if you have completed your education and training, securing a professional license could be challenging following a DWI conviction.
Immigration Consequences
If you are a non-citizen or alien, you could face negative immigration consequences following a DWI conviction, including deportation to your home country. That could negatively impact your life, especially if you are a student or businessperson, or if your family depends on you here.
Finally, like any other criminal history, having a DWI in your record could cause stigmatization in the community, affecting your social life. For all these reasons, you should do your best to challenge any DWI allegation for the best possible outcome. Hiring a reputable criminal defense attorney with experience helping clients with similar charges should be the first place to start.
An aggressive DWI attorney can help compile evidence that can work in your favor in court to secure a desirable outcome, including a lighter sentence or case dismissal.
Common Aggravating Factors in a DWI Case
A DWI charge becomes more serious if your case has certain aggravating factors or circumstances. Some of these aggravating factors include (but are not limited to) the following:
Having an Open Alcohol Container in Your Car
If at the time of your arrest, you had an open alcoholic beverage container in your car, you will face a mandatory detention for six days. Even if you were not operating a car during your arrest, having an open container in your car is a criminal offense under PC 49.031. A PC 49.031 violation is a class C misdemeanor.
However, if the same stop resulted in a DWI arrest, the prosecutor could file your offense as a class B misdemeanor, resulting in a jail time of up to 180 days and a fine not exceeding $2,000.
You Caused an Accident
Causing a collision and property damage while drunk driving could attract additional charges, including criminal mischief and reckless driving. If the collision resulted in a severe bodily injury, the prosecutor will likely file your case as an intoxication assault, which is a third-degree felony.
On the other hand, if the collision resulted in someone else's death, your case will become a second-degree felony, which carries a fine not exceeding $10,000 and not more than twenty years of imprisonment.
You Had a Minor in the Car
If you had a minor aged fifteen years and below in your car during the arrest, your DWI case will become a felony, even if it is your first DWI offense. In this case, a conviction will result in a fine not exceeding $10,000 and not more than two years of incarceration.
In addition to these legal penalties, a conviction for DWI with a minor will carry other collateral consequences. For example, this conviction could apply against you in a child custody battle, reducing your odds of winning custody over your children.
If you have an aggravated DWI case, a seasoned criminal defense attorney can help craft legal defenses that can weaken the prosecutor's case against you to secure a desirable outcome.
How a Skilled Criminal Defense Attorney Can Help When Charged With DWI
If you are under arrest or charged with DWI, the legal assistance of a seasoned criminal defense attorney can be of the utmost importance in your case. The attorney you will choose can do the following to increase the chances of securing the best possible verdict:
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Challenge the Legality of Your Traffic Stop
Sobriety checkpoints are legal, but law enforcement officers must follow specific procedures when setting them up on the road and stopping vehicles for a brief DWI investigation. A police officer can stop you for a brief DWI investigation because of your race or skin color. To stop you for a DWI investigation, the police must have reasonable suspicion that you were driving while intoxicated.
Some of the indicators that can give a police officer reason to suspect that a motorist could be driving under the influence of drugs or alcohol include the following:
- Swerving on the road
- Sudden brakes
- Changing lanes improperly
- Broken taillight
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Challenge Your Field Sobriety Tests (FSTs) Results
When a police officer selects your vehicle to pull over for a brief DWI investigation, he/she could ask you to perform FSTs to determine whether you have the physical and mental ability to drive like a cautious driver.
When the police administer these tests improperly or fail to follow proper procedures, even a sober person could fail them, and the court understands that. Therefore, a skilled attorney will do his/her best to challenge the results of your FSTs to secure a favorable outcome.
For example, your attorney could argue that you performed the tests in an unlit environment or on uneven ground, which made it challenging to do them correctly.
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Challenge the Accuracy of Breathalyzer Test Results
If the breathalyzer gadget the arresting officer used to determine your BAC level was not well-maintained or calibrated, the results could be erroneous and misleading. Therefore, a seasoned DWI attorney can challenge the accuracy of your breathalyzer tests by arguing that the gadget used was not well-maintained, which led to exaggerated results.
If this defense argument works in your favor, the court will reduce or dismiss your DWI charges to a lighter offense, like reckless driving.
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Challenge the Accuracy of Your Blood Test
After an arrest, the officer could ask you to submit blood or urine for a chemical test to determine your accurate BAC level. If the police did not follow proper procedures during blood collection or testing, the results of the test could be inaccurate, and the court understands that. If your DWI attorney can provide sufficient evidence to support this argument, the court could reduce or dismiss your case.
A seasoned attorney will know the best legal defense approach to challenge your DWI charges to secure the best possible results, including:
- Minimum jail sentence
- Alternative sentence options
- Reduced charges
- Dismissal of your case
Find a Reputable DWI Attorney Near Me
An arrest as a suspect in a DWi case does not mean a conviction is inevitable. Sometimes, these cases do not reach the trial stage of the criminal court process, but when your case does, you should be ready with clear evidence to prove your side of the story. That is where the services of an attorney become crucial.
When that happens to you or a loved one, our attorneys at Andrew Deegan Criminal Attorney at Law can help you secure a favorable outcome. We invite you to call us at 817-689-7002 to schedule your consultation with us wherever you are in Fort Worth.
