DWI Lawyers in Midland County TX
Experienced DWI Attorneys Serving Midland, Odessa & Throughout West Texas
After you have been pulled over by a police officer, arrested, and charged with Driving While Intoxicated (DWI), it’s important to consider your legal rights. A DWI conviction has serious consequences including jail time, probation, fines, a driver’s license suspension, and possibly an alcohol monitoring device in your vehicle. As a former Assistant Criminal District Attorney, Aaron E. Eckman knows firsthand how prosecutors approach these cases. Our skilled DWI lawyers in Midland are prepared to fight for your case. Let our knowledge work for you!
If you have been charged with DWI in Texas, contact Midland DWI attorney today to discuss your options.
What Are the Penalties for a DWI in Texas?
In Texas, a first or second DWI is a misdemeanor offense and a third offense DWI is considered a felony offense.
What Are the Consequences for First & Second DWI Offense?
- A maximum fine of $2,000 or $4,000
- Maximum jail time: up to one year if your blood alcohol concentration is .15% or higher
- Maximum jail time: up to 180 days if your blood alcohol concentration is between .08% and .149%
- Suspension of your driver’s license for up to two years
- DPS driver’s license surcharges of $1,000 to $2,000 per year for three years
What Are the Penalties for a Third DWI Offense?
- A maximum fine of $10,000
- Jail time: between 2 years and 10 years of confinement in prison
- Suspension of your driver’s license for up to two years
- DPS driver’s license surcharges of $1,000 to $2,000 per year for three years
The consequences for a DWI are serious and require serious legal representation from an experienced Midland DWI lawyer.
What Are the Blood Alcohol Limits in Texas?
In the state of Texas, there are three different blood alcohol concentration (BAC) limits that determine what penalties can incur if you are convicted of DWI. The “per se” BAC limit is 0.08 percent. If you are underage the BAC limit is 0.02 percent and if your BAC percentage is above 0.15% you can face enhanced / aggravated penalties.
Texas upholds implied consent law, which means that if you have a driver’s license, you have already consented to submit to a BAC test if detained for DWI. Refusing to take the test can result in additional penalties.
Are DWI and DUI the Same Offense in Texas?
DWI (driving while intoxicated) and DUI (driving under the influence of alcohol) are often used interchangeably, however they do have important differences. Any person of legal drinking age in Texas can be charged with a DWI if his or her BAC is 0.08% or higher, which deems them as legally intoxicated.
The state of Texas has a zero tolerance policy for minors under the age of 21 with any detectable BAC. This means that a minor will be charged with a DUI if he or she has tested with any trace of alcohol in his or her system. A person under the age of 21 may also be charged with a DWI if he or she is driving with a BAC of 0.08% or higher.
Can a DWI Be Reduced in Texas?
A DWI in Texas can be reduced. A DWI can be reduced through a plea bargain and there are several factors that a judge uses in order to agree to the plea deal or not. Some of the factors that the judge uses are:
- Whether or not this is your first DWI offense.
- How clean is your criminal record.
- Whether or not you refused to take a DWI test.
- The police stopped you inappropriately.
- Whether or not the DWI resulted in a death or injury.
If there were any errors or lack of evidence in the prosecution’s case that make it difficult to get a conviction, the prosecutor may offer a reduced charge which carries fewer penalties. Alternatives that a judge may convict you of instead of a DWI can be reckless driving, obstruction of a passageway charge, or a public intoxication charge.
What Happens if I Do Not Request an Administrative License Revocation (ALR) Hearing?
If you are arrested for a DWI, your driver’s license will automatically be suspended if you do not request an Administrative License Revocation (ALR) hearing. Typically, you have 15 days from the date of the DWI arrest to request a hearing. Failure to request a hearing will result in an automatic driver’s license suspension for 90 days to 2 years. The suspension typically begins 40 days from the date of arrest.
The ALR hearing is an important part of the DWI process. There are actually two types of legal proceedings an individual accused of DWI is facing. One is the DWI criminal matter. The other is a civil proceeding seeking to suspend your Texas driver’s license. If you have been arrested for DWI, our DWI lawyers in Midland can contest the suspension of your Texas driver’s license at the ALR hearing.
What is Texas' Occupational Driver’s License?
If your driver’s license is suspended for a DWI, you might qualify for an occupational license. An occupational license, also called an essential need license, is a special type of restricted license issued to individuals whose driver’s license has been suspended. This license will allow you to drive to work, to school-related activities, and will allow you to drive in order to perform essential household duties. At Eckman Bidwell, PLLC, our attorneys can petition a court for an order seeking approval of a Texas Occupational Driver's License. If successful, we can apply on your behalf for a Texas Occupational Driver's License through the Texas Department of Public Safety.
What Happens if I Get a DWI With a Child Passenger?
Under Texas law, Penal Code 49.09, if you are charged with DWI and had a child passenger (15 years or younger) you can be faced with enhanced penalties. Enhanced penalties include 180-day driver’s license suspension, 2 years imprisonment, and a maximum fine of $10,000.
For more information, please call (432) 223-9427 to schedule your initial consultation with our team. Our Midland DWI attorneys have extensive experience and can help you to maintain your rights!
