Driving While Intoxicated

Are you facing a first-time DWI in Houston, Texas? For many, driving under the influence is their first encounter with the legal system, but it is important to take your charges seriously. The impact of a first-time DWI could have a significant effect on your life.

The Law Offices of Allen Woodward can craft a compelling defense, help with driving privileges, challenge DWI evidence, and pursue the best possible outcome, like a dismissal.

Call (832) 421-0818 for a free DWI case review and learn what’s next.

Your First DWI in Texas

According to Texas Statute Section 49.04, you could be charged with DWI anytime you are intoxicated while operating a vehicle in public. One way intoxication is determined is through your blood alcohol concentration.

If your BAC reaches .08% or more when you can face Class B misdemeanor DWI charges. A DWI increases to a Class A misdemeanor when your BAC reaches .15% or greater.

However, you can also be charged with driving while intoxicated (DWI) even if you have not consumed alcohol or test below the limit if other evidence suggests you are impaired.

FIRST TIME DWI PENALTIES & CONSEQUENCES

The consequences of your first DWI in Houston may be more severe than you thought. The severity of the penalties will be based on details like your BAC, and whether you had an open container or caused a DWI-related accident.

If convicted of a Class B misdemeanor DWI, expect up to 180 days in county jail and fines as high as $2,000. Alternatively, if convicted of a class A DWI, you face up to one year in jail and fines as high as $6,000.

Depending on your BAC, a DWI with an open container could be a Class A or Class B misdemeanor. However, you face a minimum of six days in jail due to the state’s open container enhancement.

WHEN IS A FIRST DWI A FELONY

Generally, first-time DWI charges are misdemeanors. But, if a child is involved, your DWI may be increased to a felony. If convicted, you could spend up to 24 months in a Texas state jail facility and be ordered to pay fines as high as $10,000.

DWI WITH A MINOR IN THE CAR

Under Texas Penal Code Section 49.045, a person commits a DWI with a child passenger if they are intoxicated while operating a motor vehicle, and that vehicle is occupied by a passenger younger than 15.

The law defines intoxication as having a BAC of .08% or more, or not having the normal use of mental or physical faculties due to the consumption of alcohol or other altering substance.

It is important to note that you can be charged with the crime of DWI with a minor in the car even if you did not injure anyone during your operation of the vehicle, including the child in the car.

DWI WITH A CHILD PASSENGER & CHILD ENDANGERMENT

Driving while intoxicated with a minor in your car may also be considered a form of child endangerment, regardless of whether the child was actually injured.

Under Texas Penal Code Section 22.041(c), child endangerment is considered an offense if an individual intentionally, knowingly, recklessly, or with criminal negligence, or by act or omission, engages in behavior that puts a minor younger than 15 in danger of death, bodily injury, or physical or mental impairment.

PENALTIES FOR DWI WITH A CHILD PASSENGER IN TEXAS

Driving while intoxicated with a child passenger is a state jail felony. The penalties are:

A fine of up to $10,000
Between 180 days and two years in state jail
DWI education classes
Up to 1,000 hours of community service
Installation of an ignition interlock device on your vehicle
A driver’s license suspension of up to 180 days
An annual three-year surcharge fee between $1,000 and $2,000 to retain your driver’s license

Collateral consequences include, but are not limited to:

Losing voting privileges
Barred from certain government assistance
Losing the right to possess or own a firearm
Losing child visitation and custody rights
Dificulty getting employment in certain professions

DWI PROBATION

Probation may be an option if you’re found guilty of DWI with a child passenger in Texas. Probation can reduce the amount of jail time that is required.

If probation is your goal, your best chance at receiving this outcome is with the help of an experienced Houston DWI lawyer who can demonstrate to the court why you deserve leniency.

ADMINISTRATIVE LICENSE REVOCATION

The administrative license revocation (ALR) hearing is separate from the criminal proceedings and is where the state of Texas attempts to suspend your license if you failed or refused to take a blood or breath test. Regardless of whether it is your first or subsequent DWI, you have 15 days from the date you receive notice of suspension to request a hearing.

PART TWO – ALR HEARING SUMMARY

The Administrative License Revocation (ALR) Program is a civil administrative process requiring the Department to suspend and/or disqualify your driver license if you are arrested for Driving While Intoxicated (DWI) or Boating While Intoxicated (BWI) when you:

· Refuse to take or fail to complete a blood or breath test, or

· Provide a blood or breath test that registers a blood alcohol concentration (BAC) of 0.08% or more while driving a non-commercial motor vehicle, or

· Provide a blood or breath test that registers a blood alcohol concentration (BAC) of 0.04% or more while driving a commercial motor vehicle.

The suspension of your driving privilege under the ALR program is unrelated to the criminal court proceedings for DWI or BWI. Additional information can be found in Texas Transportation Code Chapters 524 and 724.

ALR Process for DWI or BWI

If a law enforcement officer has reason to believe you are impaired, a set of field sobriety tests will be administered. If you fail the field sobriety tests you will be arrested for DWI or BWI.

You will be asked to take a breath or blood test to measure your blood alcohol concentration (BAC) level. If you refuse to take or fail the field sobriety tests, your driver license will be suspended and/or disqualified.
1. You have 15 days from the date the notice is served to request a hearing to contest your driver license suspension and/or disqualification.
2. If a hearing is not requested, the suspension goes into effect on the 40th day after you were served notice. (This is usually 40 days after the date of arrest.)
The law enforcement officer will issue you a suspension and/or disqualification notice.
If you consent to a law enforcement officer's request to a blood test, you will not be issued a suspension notice until the BAC results are received by the Department. If the results indicate you provided a specimen above the legal limit, your driver license will be suspended and/or disqualified.
1. A Notice of Suspension will be mailed to you.
2. You have 20 days from the date the suspension notice is mailed to request a hearing to contest your driver license suspension.
3. If a hearing is not requested, the suspension goes into effect on the 40th day after the date it is presumed the suspension notice has been received.
A $125 Reinstatement fee is required prior to the renewal or issuance of your driver license, in addition to paying any other outstanding fees owed.

Hearings for ALR

In certain circumstances, you may be eligible to request a hearing to contest the suspension/disqualification of your driver license. You may request a hearing within 15 days of being served notice. The Department will process your request and respond to you at the address you provide with your hearing request. This letter will provide the date, time and location of your hearing. Please allow up to 60 days for this hearing to be scheduled.

All ALR hearings are held by the State Office of Administrative Hearings (SOAH). An Administrative Law Judge (ALJ) will listen to all parties' evidence and make a final determination of the driver license suspension/disqualification. If the ALJ finds that the Department has proven its case, the ALJ's order will authorize the suspension/disqualification of your driver license. If the ALJ finds that the Department has not proven its case, your driver license will not be suspended. Upon conclusion of the hearing, the ALJ will issue a decision that may be appealed and notification of the order will be sent to the parties.

You may be eligible to request a hearing online, by mail, email, phone, or fax. If you request a hearing by mail, email or fax, include your name, date of birth, driver license number and state, email address (if available), current mailing address, home and daytime telephone numbers, date and county of arrest, arresting agency, arresting officer, whether the test was failed, refused, or not requested (minor under 21 only), and such other information as requested by the Department on all documents so your record can be properly identified. If you have an attorney, also provide the attorney's name, law firm name and mailing address, email address and phone number. If your hearing request is made after the 15 days, your request will be denied, and the suspension will go into effect on the 40th day after you were served notice.

PART THREE – Administrative License Revocation Request Form

https://www.dps.texas.gov/apps/DriverLIcense/DLHearings/ALR

ALR HEARING To schedule an Administrative License Revocation Hearing (ALR), click here