First Offense DWI Penalties in Texas
DWI or driving while intoxicated is a series of drug and alcohol related traffic misdemeanors that usually attract criminal offense litigation in the state of Texas. They are in addition subject to governmental penalties. On occasion that the alcohol levels in a person's blood, breath or urine is 0.08% or more, the law recognizes that individual as being intoxicated.
Moreover, declining to accept a breath, blood, or urine test in Texas also incurs certain penalties. In such an event, the person will receive an automatic suspension of their driving license for at least ninety days for an offender above 21 years of age and at least 1 year if the offender is below 21 years. For more detailed advice on how to act if you are pulled over, contact a DWI Lawyer in Houston.
Texas DWI offenses are categorized into three; 1st Offense (Class B Misdemeanor in Texas), 2nd Offense (Class A Misdemeanor) and 3rd Offense and above (3rd Degree Felony). All these carry different penalties. Penalties for DWI 1st offense vary from those of 2nd and 3rd, but only in degree rather than type.
Penalties for DWI 1st offense have certain guidelines but the degree of the application of these guidelines rests solely at the discretion of the court.
Consider the following penalties meted out for driving under the influence of alcohol, drugs or other controlled substances in Texas;
• A fine that shall not be in excess of two thousand dollars
• Incarceration in County Jail for between 72 hours and six months. However, if found with an open canister of alcohol or any other intoxicating substance, this sentence, this term is revised upwards to a minimum of six months.
• DWI laws in Texas mandate community service be ordered of the offender of no less than twenty four hours and a maximum of one hundred hours.
Getting a Texas DWI and potential penalties for DWI 1st offense is best fought by hiring a qualified DWI lawyer. This is especially so because understanding Texas DWI laws can be hard and a keen understanding of the same is critical to the outcome of the case.