If you have been arrested for driving while intoxicated (DWI) in Texas, you may be feeling anxious and overwhelmed. The DWI laws in Texas are strict, and the fines and penalties that result from a conviction are steep. However, a DWI attorney in Mesquite can help defend you against your charges in an effort to have them reduced or dismissed.
There are complex issues involved in defending DWI cases, so finding an attorney who can help you navigate these issues is important. To learn more about how a DWI lawyer in Mesquite, TX, can help, call the Law Offices of Randall B. Isenberg at (214) 696-9253 for a free case evaluation.
Fines and Penalties for DWIs in Texas
In Texas, you are legally intoxicated if your blood alcohol concentration (BAC) is 0.08% or more. You can also be considered legally intoxicated if you are impaired due to alcohol or controlled substances regardless of what your BAC may be.
If you are charged with a DWI, your penalties and fines depend on the severity of your impairment and your history of past convictions:
- First offense: you may face a fine of up to $2,000, up to 180 days in jail, loss of your driver’s license for up to one year, and an annual fee of between $1,000 and $2,000 for three years to keep your license.
- Second offense: you may face a fine of up to $4,000, up to one year in jail, loss of your driver’s license for up to two years, and an annual fee of between $1,000 and $2,000 for three years to keep your license.
- Third offense: you may face a fine of up to $10,000, up to 10 years in prison, loss of your driver’s license for up to two years, and an annual fee of between $1,000 and $2,000 for three years to keep your license.
- If you were driving with a child passenger under the age of 15, the consequences are more severe, and you may face a fine of up to $10,000, up to two years in a state jail, and loss of your driver’s license for six months.
- After two or more convictions within five years, you may be sentenced to have an ignition interlock breathalyzer device installed in your car, which prevents you from driving if you have been drinking.
The more convictions you have, the more severe your punishment can be. Contact the Law Offices of Randall B. Isenberg at (214) 696-9253 for a no-cost case review.
Refusing the BAC Test
If you refuse to submit to a breath or blood test when you are arrested, you are in violation of Texas’s implied consent laws. The penalties for refusing to comply with a BAC test may include the loss of your license, significant fines, and incarceration.
You Can Lose Your License on Your First Offense
When you are arrested for DWI, law enforcement will take your driver’s license and issue you a notice of suspension, which functions as a temporary driving permit. You then have 15 days to request a hearing to have your license returned. If you fail to make that request, your license will remain suspended for 90 days starting on the 41st day after your arrest. These penalties apply regardless of whether you are ultimately convicted of DWI.
The ALR Hearing
The Administrative License Revocation (ALR) program requires the Texas Department of Public Safety to suspend your driver’s license if you are arrested for DWI if you:
- Refuse to take a blood or breath test when you are arrested.
- If you take the test and your BAC is 0.08 percent or more.
- If you are driving a commercial vehicle and your BAC is 0.04% or more.
You must request an ALR hearing within 15 days to contest the automatic suspension of your license. You are allowed to have your lawyer present at this meeting, which we recommend as it will give us insight into the state’s case against you. An administrative law judge will listen to both parties’ evidence and determine whether you will be allowed to keep your driver’s license at the end of the hearing. The judge’s decision can be appealed. We can also ask for an occupational license, which would allow you to drive to specific places such as school, work, and the grocery store during your suspension.
We Can Help You Avoid Receiving a Felony on Your Criminal Record
It is important to take your DWI charge seriously. While a first-time DWI in Mesquite, Texas, is a Class B misdemeanor, aggravating circumstances can upgrade it to a felony offense
If you are convicted of a felony, it can result in the loss of:
- The right to vote
- The right to possess or use a gun
- The right to work in certain fields
- The right to be professionally licensed in certain fields
- The right to travel overseas
- The right to get a loan or a mortgage
You are innocent until you are proven guilty. A DWI attorney in Mesquite will know what to do to defend against your charge. We will investigate to determine if law enforcement stopped you illegally or neglected to give you a Miranda warning. We will also review all aspects of the BAC and field sobriety tests and investigate whether you had any medical conditions or implanted devices that may have skewed the results of the tests.
Call Today to Get Started
If you have been arrested for DWI in Mesquite, TX, you could be facing consequences that will change your life forever. You do not have to face these challenges alone. Contact a DWI lawyer in Mesquite at the Law Offices of Randall B. Isenberg at (214) 696-9253 for a free case review.