San Benito DWI Attorney
DWI in Texas
Because Texas has often led the nation in drunk driving deaths and accidents in the past, law enforcement and state prosecutors come down hard on anyone suspected of DWI in Texas. The penalties for a drunk driving charge in Texas can be severe, derailing your life and career, threatening your freedom and finances, and leaving you with a permanent criminal record.
At Gustavo D. Elizondo, III Attorney at Law, we understand the stakes for those facing DWI charges in San Benito and throughout the greater Brownsville area.
Arrested for DWI in Texas? Schedule a free consultation with our San Benito DWI attorney now to get started on fighting the charges. Se habla español.
Our attorney is a former Cameron County prosecutor familiar with how the local criminal justice system works especially in regard to DWI and DWI-related crimes. Our firm is dedicated to providing you with the best possible defense tailored to the specifics of your situation.
We have the experience and knowledge needed to handle all of the many factors that may have led to your arrest and can use that experience in building your defense.
Texas DWI Law
Under Texas law, DWI (driving while intoxicated) occurs if:
- Your blood alcohol concentration (BAC) measures .08 percent or more on a chemical test
- Your driving was impaired due to the fact that you were under the influence of alcohol and/or drugs regardless of your BAC as witnessed by law enforcement
- You have any detectable alcohol or drug in your system as a driver under the age of 21
- Your BAC measures .04 percent or more as a commercial driver while driving a commercial vehicle
You can actually be arrested for DWI in Texas even if you were not driving your vehicle down the road but were merely “operating” it in some capacity. This means you could be parked with the key in the ignition and arrested if law enforcement suspects you are under the influence.
First-Offense DWI Penalties in Texas
A first-offense Texas DWI is generally charged as a Class B misdemeanor can carry the following penalties:
- 72 hours up to six months in jail
- Fines of up to $2,000
- Community service
- DWI education and treatment program
- A license suspension of 90 days up to a year
If you are convicted of a crime, your criminal record could make it difficult to find employment, housing, qualify for professional licenses, or successfully immigrate if you are a noncitizen. If you qualify for and obtain an occupational license, you may be required to install and maintain an ignition interlock device in order to drive.
If your BAC measured .15 percent or higher, jail time can increase up to a year and fines increase up to $4,000. If you were found driving with a passenger under the age of 15, you may face enhanced charges with increased penalties.
Penalties for Multiple DWI Offenses in TX
Second, third, and subsequent DWI convictions within 10 years will result in increased penalties. A third DWI in Texas within 10 years will likely be charged as a third-degree felony carrying penalties of two to 10 years in prison, fines of up to $10,000, and loss of your license for 180 days up to two years.