DWI cases (i.e. Driving While Intoxicated), whether felony or misdemeanor, are aggressively prosecuted in East Texas. Our DWI lawyer will develop a strong defense for you and work hard to reduce your sentence or dismiss your case.

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DWI CHARGES IN TEXAS

A DWI conviction can carry severe sentences and cost thousands of dollars in fines and fees. A conviction for DWI can directly impact your ability to drive, hold a job, and find employment in some industries. There are also social stigmas attached to DWI convictions.

Charges and punishments for DWI vary depending on several factors, including:

  • Are there prior DWI convictions?
  • Was Blood & Alcohol Content (BAC) over 0.15?
  • Was there an open container of alcohol in the car?
  • Was there a one car or two car accident?

When we defend a DWI case, we don’t just investigate the driver’s actions, but also the officer’s actions.

  • Did the officer have a reasonable suspicion that a traffic violation or crime has occurred in order to stop your vehicle?
  • Did the officer have probable cause to request that you perform the Standardized Field Sobriety Test?
  • Did the officer demonstrate and administer the 9-step walk and turn, Horizontal Gaze Nystagmus test, and the one-legged stand correctly in accordance with NHTSA standards?
  • Did the officer follow the requirements of reading and providing you with the DIC 23 & 24 before you voluntarily submitted to a blood or breath test?
  • If the officer secured a warrant for your blood, is the warrant valid or challengeable?

We look at the TCOLE records of the officer and what training and certifications he or she has or doesn’t have in the administration of the SFST. These are only a few of the areas that should be carefully looked at to determine if the person arrested is actually guilty of DWI.

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Driving Under the Influence (DUI)

What is the difference between DUI and DWI in Texas?

In Texas, only a person younger than 21 years old can be charged with DUI. DWI charges are issued to anyone over the age of 21 with a .08% concentration of alcohol in their bloodstream.

The legal limit for driving after consuming alcohol is a blood alcohol content of .08% or less. However, a person under 21 can be charged with a DUI for drinking any amount of alcohol at all, even if they are below the legal limit.

If you’ve been charged with a DUI, our DUI lawyer is available to meet with you and discuss your case anytime.

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DWI Misdemeanor

A first DWI offense in Texas is a Class B Misdemeanor, which is punishable by up to 180 days in jail and a fine not to exceed $2,000.00.

A second DWI in Texas, or a first DWI with a BAC of 0.15 or greater, is a Class A Misdemeanor. Punishment is up to one year in jail and a fine not to exceed $4,000.00.

The State fines for a Class A and B misdemeanor DWI have changed as of September 1st, 2019:

  • The fine for a Class B, or first DWI, misdemeanor increased to $3,000 payable within 36 months.
  • The fines for a second or subsequent DWI conviction increased to $4,500.00 payable in 36 months.
  • The fines can be up to $6,000.00 for a first or subsequent conviction if there is a blood or breath test showing an alcohol concentration of 0.15 or greater.

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DEFERRED ADJUDICATION PROBATION

In some DWI cases, with a breath or blood test under 0.15, it is possible, as of September 1st, 2019, to receive Deferred Adjudication Probation. This means that if the defendant receives and completes the Deferred Adjudication probation, they will not have a conviction on their record.

There is a list of things that will disqualify someone from receiving Deferred Probation for their first DWI, but the most common is a BAC of 0.15 or greater on the first DWI.

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LICENSE SUSPENSION

Within 15 days of being arrested for DWI, you must request an Administrative License Revocation (ALR) Hearing to challenge the suspension of your license. If you do not request an ALR Hearing within this time, your license will automatically be suspended.

The hearing is conducted in front of an ALR Judge. The Lawyer for the Department of Public Transportation (DPS) must establish, by a preponderance of the evidence, the elements as set out in section 524.035 of the Texas Transportation Code in order for your license to be suspended.

Many times, people who are arrested do not contact a DWI attorney early enough to request an ALR hearing and as a result their license is suspended.

If you are arrested for DWI, contact an experienced lawyer immediately to protect your rights and challenge the suspension of your license. Your DWI lawyer can attend the ALR hearing and cross examine the arresting officer under oath, which can be beneficial at your trial and even result in the dismissal or declining of your case by the DA’s Office.

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INTOXICATED ASSAULT

Intoxicated Assault occurs when there is an accident and someone suffers serious bodily injury due to another person operating a motor vehicle while intoxicated. The punishment for intoxicated assault is not less than 2, nor more than 10, years in prison and a fine not to exceed $10,000.00.

If the prosecutors have alleged that the vehicle driven by the intoxicated person was used as a “deadly weapon”, the defendant would have to serve one half of the prison sentence assessed before he or she was eligible for parole.

If you get a probated sentence, you will serve a minimum of 30 days in jail as a condition of the probation.

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FELONY DWI IN TEXAS

Is a DWI a felony in Texas? Maybe.

If a person has two previous DWI convictions, the third conviction is a third degree felony punishable by not less than 2, nor more than 10 years in prison and a fine not to exceed $10,000.00.

Adjudicated Probation is a sentencing option if you have not previously been convicted of a felony in this State or any other State.

If you are convicted of a Felony DWI:

  • Your driver's license will be suspended for at least 180 days up to 2 years
  • You will be disqualified from voting
  • You will be disqualified from ever possessing a firearm

As a condition of bond, the Court will be required to order the installation of an ignition interlock device on any car you drive.

As with a second DWI, if your case is tried to a jury, the jury will be told that you have been convicted of DWI before in the guilt innocence stage. This is because previous DWI’s are jurisdictional elements of the case.

The prosecutor will still have to prove Beyond a Reasonable doubt that you are the same person who was previously convicted, but merely hearing that information can be very prejudicial to a defendant's presumption of innocence.

The jury could assume, “Well if he or she did it once, they probably did it this time, too.” The only exception to this is if you were convicted of DWI before January 1, 1984 and you received and completed a probated sentence.

If a defendant does receive a probated sentence, he or she will be required to serve a 10 day jail sentence as a condition of that probation.

What To Do When Pulled Over For DWI:

  • Be polite.
  • Show your driver’s license and insurance card upon request by the officer.
  • If the officer asks you to step out of the car, do so, keeping in mind that he is looking at your balance, whether you are swaying and any other obvious signs of intoxication.
  • Do not volunteer any information.

If you are arrested…

Do not spontaneously say something to the officer. That is called a “res gestae” statement and is admissible against you even if you have requested a lawyer or had your Miranda Warnings read to you because it was not in response to a question the officer asked you. You would have volunteered the statement.

Res Gestae often happens when the defendant is in the back of the police car being driven to the jail. Many people will spontaneously say something or begin talking to the officer. Do not volunteer any information.

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DWI with Child Passenger

DWI with a child passenger occurs when a person operates a motor vehicle while intoxicated, and there is a passenger in the vehicle under the age of 15.

This offense is a State Jail Felony with a punishment range of not less than 180 days, nor more than 2 years, in a State Jail Facility (prison). The charge may also result in a fine not to exceed $10,000.00.

Upon conviction, your driver’s license will be suspended for at least 90 days up to 2 years.

As a condition of bond, the Court may require the installation of an ignition interlock device on any car you operate. The Court can also require random drug and alcohol testing while on bond.

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Contact A DWI Lawyer In Tyler, TX Today!

If you are arrested for DWI in East Texas, do not delay in contacting an experienced DWI lawyer as soon as possible. Call the Law Firm of D. Matt Bingham any time, day or night — (903) 565-2084.


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