What You Need to Know About Your Texas DWI Charge

Texas imposes harsh penalties for those charged and convicted of a DWI, particularly those who have multiple convictions. First time-offenders will likely be sentenced to three days in jail, a two-year license suspension and a fine of $2,000.00. A second DWI conviction within five years of the first will result in a minimum of 30 days jail time in addition to a $4,000.00 fine. ​Texas law requires the installation of an ignition interlock device for five years following a second DWI conviction at the offender’s expense. A third DWI conviction within a 10 year period is upgraded to a felony with penalties of up to two years in jail and a monetary fine of up to $10,000.00.

Beyond this, under Texas law, if an individual is caught driving while under the influence with a passenger who is under the age of 15, he or she will face charges similar to a third-time felony conviction.

Notice of Suspension and Administrative License Revocation Hearing

The state of Texas must provide you with a Notice of Suspension Temporary Driving Permit (DIC-23) when you are arrested for DWI. The law also requires you be provided with a statutory warning (DIC-24). The purpose of these documents is to notify you:

  • Of the DWI arrest,
  • That your driver’s license is subject to a 90-day suspension if your BAC was 0.08 or higher from a blood or breath test, or if you refused to provide a specimen for testing, and
  • That you are entitled to challenge the license suspension at an Administrative License Revocation hearing (ALR). The rules of evidence and civil procedure apply to ALR hearings as a judge employed by the State Office of Administrative Hearings (SOAH) will preside over the hearing.

It is vital to have an aggressive Texas DWI attorney at the ALR hearing because your attorney can use this hearing to protect your driver’s license from suspension and also use the hearing to seek discovery for your DWI case. During an ALR an attorney can challenge the evidence that will be used against you both in the ALR and criminal proceedings. He or she may also subpoena law enforcement at the hearing, putting him or her under oath and ask questions about the events and details surrounding the arrest.

Of note, Texas law requires that you must request an ALR hearing within 15 days from the date of your arrest or the hearing is waived. Failure to timely request a hearing will result in an automatic driver’s license suspension by the Texas Department of Public Safety (TDPS) on the 40th day after the arrest.

Aggressive DWI Defense Attorneys on Your Side

With more than two decades of experience representing clients across the state of Texas, the skilled trial attorneys at the DWI Defense Firm will guide you every step of the way. If you or someone you know has been charged with a DWI, you should have an aggressive attorney on your side fighting for your rights under the law. Do not delay, click here today to schedule your initial no-obligation case evaluation.

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