Angleton DWI & DUI Lawyers

Penalties for a first-offense DWI can include: 

• Fines: Up to $2,000. Additional state fines of up to $6,000 may apply.
• Jail time: A first offense can result in a jail sentence of three to 180 days.
• License suspension: Your driver’s license may be suspended for 90 days to one
• year. During the suspension period, you may be eligible for an occupational license.
• Mandatory programs: Attendance at a DWI education or intervention program is often required. This may include alcohol education classes or a substance abuse evaluation.
• Community service: The court may order 24 to 100 hours of community service.
• Ignition interlock device: In some cases, the court may require the installation of an ignition interlock device (IID) on your vehicle. This device requires you to pass a breathalyzer test before the car will start.

Complications in First-Offense Texas DWI 

First-time DWI charges have a minimum penalty level but can be leveled up based on criminal enhancements once evidence is reviewed. Several enhancements apply in DWI cases, and these additional factors can result in harsher penalties, fees, and longer incarceration periods.

• BAC of .15% and above: When you submit to a breathalyzer or blood test, your blood alcohol content (BAC) will be assessed. For BACs of .15% or more, charges against you can be enhanced from a Class B misdemeanor to a Class A. Convictions at the enhanced level mean higher fines and a greater likelihood of jail time.
• Child passenger: If you are stopped on suspicion of drunk or influenced driving with a child under 15 in the car, you will face harsher penalties. The charge escalates to a felony, which carries a fine of up to $10,000 and a state jail time of up to two years.
• Manslaughter: If you kill someone while driving under the influence of drugs or alcohol, the charge is enhanced to a second-degree felony with a fine of up to $10,000 and an incarceration period of up to 20 years in prison.

DWI for Commercially Licensed Drivers in Texas

In Texas, the standards for DWI are more stringent for commercially licensed drivers (CDL holders) than non-commercial drivers. A CDL holder can be charged with a DWI with a BAC of  0.04% or higher while operating a commercial vehicle.

A CDL holder arrested for DWI may face immediate disqualification from operating a commercial vehicle, often lasting 24 hours initially. Upon conviction, a commercial driver’s license can be suspended for one year. If the driver was transporting hazardous materials during the arrest, the suspension period increases to three years.

At Jeff Gilbert Law Office, we represent people with commercial driver’s licenses (CDL) who have been charged with DWI. A conviction could mean losing your ability to keep your job. These charges need an attorney’s prompt attention. We can begin building a thorough defense on your behalf to help you potentially avoid a license suspension or revocation. 

Repeat Offenses Could Mean a Felony on Your Record

Repeat DWI offenses can be charged as felonies. In Texas, felonies carry the harshest punishments, with the possibility of jail time and increased fines. If you are charged with DWI, the first thing to do is to contact a defense attorney.

The "lookback" period, also known as the "washout" period, is the timeframe during which previous DWI convictions are considered when determining penalties for a new DWI offense. In Texas, the lookback period is 10 years. This means that if you are arrested for a DWI, prior DWI convictions within the past 10 years will be considered when determining the severity of your penalties. A third or subsequent DWI offense within the lookback period will likely result in felony charges.

Can You Refuse a Breathalyzer Test In Texas?

Refusing to take a blood or breath test can make your DWI/DUI case more complicated. When you are initially arrested under suspicion of DWI, you are given the option to take a blood or breath test. If you refuse, your license is automatically suspended.

Even if your license is suspended, you have the right to request a hearing to reclaim your driving privileges. This is called the Administrative License Revocation (ALR) hearing, and it must be requested within 15 business days of the arrest. Failure to request the hearing within this timeframe means you have waived your hearing rights.

Losing Your License in a Texas DWI

If you are convicted of drunk driving in Texas, you can lose your license and face a whole host of other penalties. It is in your best interests to talk to a criminal defense attorney as soon as possible following your DUI arrest.

Here are license suspensions under Texas DUI law:

• If you refuse a blood alcohol or breathalyzer test, your license will be automatically suspended for 180 days.
• If you are convicted of drunk driving for the first time, you can lose your license for up to one year.
• If you are convicted of drunk driving for the second or third time, you can lose your license for up to two years.

License suspension is just one of the many penalties you face for a conviction. You will face other penalties as detailed above. Penalties also include increased auto insurance premiums and moving forward with a DWI conviction, which can impact employment and other life opportunities.