9 TX FAQs on DWI Texas Laws: Driving While Intoxicated Laws
Even without a breathalyzer test result or blood test, when drivers have refused implied consent testing, the State of Texas can go forward with the prosecution. The most common method used now is a warrant to take blood from you involuntarily. DWI-DUI jail time is possible, even with a 1st DWI. Believe it or not, that amount of incarceration can be from 72 hours to 180 days.
The State can use circumstantial evidence to try to obtain a conviction. The typical types of evidence include your field sobriety test performance, manner of speech, loss of balance, and video footage at the scene of the arrest to try to prove the loss of your mental or physical faculties.
DWI vs DUI Texas. The more common acronym, "DUI" for driving under the influence is used in about 34 states, including Oklahoma, Tennessee, Kentucky, Mississippi, Alabama, Florida, Georgia, and South Carolina. Due to the prevalence of this D.U.I. the acronym, many citizens arrested for DWI in Texas refer to their arrest as "DUI in Texas."
This page on TX DWI laws focuses on DWI first offense operating a motor vehicle while intoxicated charges, since about 80% of cases are first offenders. Since jail time for DUI is common, avoiding a DUI conviction is of paramount importance. However, do not underestimate the serious harm to your future and career that a DWI misdemeanor "drunk driving" conviction can cause.
Is a DWI a Felony in Texas? In Texas your third (3d) DWI is a felony. Other DWI laws in Texas are also mentioned and linked out to pages with more details on a 2nd DWI offense in Texas, 3rd DWI, or 4th DWI in TX. Plus, Texas law has various "degree felony" grades. A DWI 2nd Offense Texas carries from 30 days to 365 days in jail, and license suspension from 180 days to 2 years.
Other factors (like prior prison sentences or prior intoxication manslaughter) which may boost a felony DWI from 3rd degree up to 2nd degree. As repeat convictions under Texas DWI law increase, so do the DWI penalties and loss of driving privileges.
DWI Laws in Texas: First Offense DWI and Repeat Offenders
However, some people still use DWI and DUI interchangeably to refer to drunk or drugged driving under Texas DUI laws. In writing this page on DWI laws in TX, Mr. Hoover will do the same and mix up the acronyms. DUI vs DWI Texas is just a matter of choice and not a substantive issue.
For all drivers under age 21, Texas is a zero-tolerance state. Any measurable amount of alcohol in the under 21 driver's system will support a DUI charge under the zero-tolerance law against these youthful drivers. Another painful DWI penalty (Texas child endangerment) may be imposed if that a driver has an underage passenger (under age 15) in that vehicle. (Felony)
The Law Office of Christopher N. Hoover represents clients across the state of Texas in Collin, Rockwall, Dallas, Tarrant, Denton, and neighboring counties. Chris Hoover has argued before jury trials and has handled more than 600 DWI defense cases with successful results. Our law firm believes in helping clients to protect their rights and in providing people with informative, up-to-date legal information concerning Texas DWI laws.
How Texas Defines DUI Laws in Texas for Driving While Intoxicated
If a police officer can prove to the prosecution that you were unfit to drive and in a state of intoxication, losing the mental OR physical ability to operate a vehicle, and having a BAC of .08%, you risk losing your driver's license, going to jail, and being convicted for DWI.
It is not worth taking the risk without an experienced DWI defense attorney by your side. At the Law Office of Christopher N. Hoover, we understand Texas DWI law and can effectively represent you for any DWI criminal matter. Defense attorney Chris Hoover has taught seminars on the changes in DWI law to other attorneys, law enforcement officers, and courtroom judges.
Let us put the law on your side. We help to protect the rights of our clients, and we diligently work to help anyone charged with a DWI in Texas avoid a DWI conviction. Remember that quick action is needed to assist you in appealing any driver's license suspension relating to Texas implied consent law.
At the Law Office of Christopher N. Hoover, we focus on DWI and we are here to listen to you and help you navigate the legal system.
Contact a Texas DWI Defense Attorney
Be informed of your rights. Contact the Law Office of Christopher N. Hoover for strong, experienced DWI defense representation. We will counsel you and help you make an informed legal decision regarding your DWI case. Call us Toll-Free at 1-888-252-4DWI, or in Dallas, at 214-521-2277. We can help you obtain the most favorable results.
P.O. Box 941782
Plano, TX 75094
Law Office of Christopher N. Hoover
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