DWI/DUI Lawyer in Bryan & College Station

What Constitutes DWI / DUI in Texas?

Driving while intoxicated (DWI), or sometimes called driving under the influence (DUI), is a criminal offense that could lead to jail time, fines, and years of license suspension. In Texas, you may be charged with DWI if you operate a motor vehicle while:

• with a blood alcohol concentration (BAC) of .08% or more (“per se” DWI); or
• intoxicated by drugs or alcohol to such an extent that you lack the normal use of your mental or physical faculties due to the substances.

Note that drivers younger than 21 years old are subject to Texas’ “zero tolerance” laws that make it illegal for underage individuals to operate a motor vehicle with any amount of alcohol in their system.

While most DWIs conventionally involve driving on the road, be aware that an officer can charge you with a DWI even if you haven’t begun driving yet. In other words, merely operating a vehicle (e.g., getting behind the wheel with the engine on) is grounds enough for a DWI charge.

DWI Penalties Upon Conviction in TX

If you have been convicted of a DWI, you will face a range of penalties depending on the severity of your offense and whether you have any previous convictions:

• 1^st offense – 72 hours to 6 months in jail (up to 12 months if you had a BAC of .15% or more); up to $2,000 in fines ($4,000 for a BAC of .15% or more); 90 days to 12 months of license suspension
• 2^nd offense – 30 days to 12 months in jail; up to $4,000 in fines; 180 days to 2 years of license suspension; 1 year of ignition interlock device (IID) use if you have a prior conviction within 5 years
• 3^rd offense – 2-10 years in jail; up to $10,000 in fines; 180 days to 2 years of license suspension; 1 year of IID use if you have a prior conviction within 5 years

To obtain an occupational license (a license with restricted driving privileges, such as only allowing you to drive to work or to school) as a first-time offender, you will need to obtain an IID first.

Does Texas Have an Implied Consent Law?

Yes. Like many other states, Texas implements “implied consent” laws that require all drivers who have been lawfully arrested for a DWI to submit to a breath or blood test. If you refuse a test, you will face additional license suspension for 180 days for a first offense and for 2 years for a subsequent refusal.

Work with a Proven Drunk Driving Defense Attorney

DWI is one of the most common criminal charges. Attorney Donnie Andreski has years of experience defending drivers against DWI charges as a lawyer, informed by decades of investigative experience as a police officer handling DWI charges from the other side. If you have been stopped for a DWI, do not do anything before talking to an attorney. The quicker you enlist legal help, the quicker you and your attorney can resolve your case with the immediately available evidence.

Put a unique advantage on your side with The Law Office of Donnie Andreski, P.C. Contact the firm online or give us a call today at (979) 356-3766for more information on your defense options with our Bryan/College Station DWI lawyer.

(Photo of Attorney Donnie Andreski learning how blood is tested in a DWI case using a gas chromatography.)