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Conroe DWI Lawyer |
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Conroe DWI Lawyer Steve Jackson has handled hundreds of DWI cases with great success. Call 936-756-5744 for a free consultation. Texas DWI Defined
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The state's BAC limits: |
Alcohol can affect you based on the number of drinks you’ve had, your body weight, and even your gender. Check out the TX blood alcohol percentage charts to learn more. |
Additional Drug and Alcohol Crimes
Mostly, DWI crimes are related to your BAC when operating a motor vehicle and certain other circumstances (as you’ll see below). However, officers can arrest you for other alcohol-related crimes involving your vehicle.
For example, it’s illegal to have an open container of alcohol in the passenger area of your vehicle if you’re driving or parked on a public highway (Texas defines the “passenger area” as the area designed for people to sit in while traveling).
A simple open container violation results in a maximum $500 fine and a Class C misdemeanor. However, if you’re arrested for DWI and open container, you’ll will potentially face Class B misdemeanor and a minimum of 6 days in jail.
For more information on other kinds of DWI laws, check out Title 10, Chapter 49 of the state’s penal code.
TX DWI penalties are based on factors like age, license type, and other circumstances (such as having other passengers in the vehicle, or horrific events like death).
Common DWI penalties you can expect include:
Fines and surcharges (also tack on court costs and lawyer fees).
License suspension or revocation.
Community service.
Imprisonment (even for a first offense).
DWI education and intervention programs.
More expensive car insurance, depending on your provider.
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Minors and Implied Consent
Don’t have a license yet? The DMV will delay your driving privileges the same number of days or years. |
Like many states, Texas has a Zero Tolerance Law for minors and alcohol; this means drivers younger than 21 years old can’t operate motor vehicles with any amount of alcohol or drugs in their systems.
For a first offense, you face:
* Generally, a second DWI offense brings 120 days of license suspension, and a third offense gets you 180 days.
Expect to also pay fines, court costs, and legal fees, should your parents hire an attorney for you.
Pretty much any involvement you have with alcohol can affect your driving privileges in Texas―including non-driving alcohol offenses.
Examples of non-driving alcohol offenses include:
Penalties for these offenses are as follows:
Based on your situation (and possibly even your age), your judge also might order the Alcohol Education Program and community service.
Just like it does for minors, Texas assigns DWI penalties for drivers 21 years old or older according to the offense number and other situation-specific factors.
First Offense
Up to a $2,000 fine.
Jail time between 3 days and 180 days.
License suspension for up to 2 years.
Annual surcharge up to $2,000 for 3 years to keep your license.
DWI intervention or education program (see below).
Possible ignition interlock device (see below).
Second Offense
Up to a $4,000 fine.
Jail time between 1 month and 1 year.
License suspension up to 2 years.
Annual surcharge of up to $2,000 for 3 years to keep your license.
DWI intervention or education program (see below).
Possible ignition interlock device (see below).
Third Offense
Up to a $10,000 fine.
State prison time between 2 years and 10 years.
License suspension up to 2 years.
Annual surcharge of up to $2,000 for 3 years to keep your license.
DWI intervention or education program (see below).
Possible ignition interlock device (see below).
If you’re drunk driving with a child younger than 15 years old in your vehicle, you face:
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Extreme DWI Crimes |
Intoxication Assault
You can be charged with intoxication assault if, while drunk driving, you cause serious bodily injury to another person.
For these purposes, Texas considers serious bodily injury to be an injury that causes:
If you’re convicted, you’ll have a 3rd degree felony.
Intoxication Manslaughter
As the name suggests, intoxication manslaughter involves killing another human being while you’re operating a motor vehicle under the influence.
If you’re convicted, you’ll have a 2nd degree felony.
The Federal Motor Carrier Safety Administration (FMCSA) states that any commercial driver operating a commercial vehicle with a BAC of 0.04% or higher is considered to be driving under the influence.
If you’re a CDL holder and you either refuse a chemical test or take one and have a BAC of―
Your CDL is disqualified for 1 year. If you drive a commercial vehicle placarded for hazardous materials, the penalty is 3 years.
If all this sounds complicated, it often is, call 936-756-5744 to schedule your free criminal law consultation.