Midland DWI Lawyers

Midland DWI Attorneys Serving 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!

DWI Penalties in Texas

In Texas, a first or second DWI is a misdemeanor offense and a third offense DWI is considered a felony offense.

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

Penalties for 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.

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.

Driver’s License Suspension & ALR Hearing in Texas

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.

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 Law Firm, PLLC, we 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.

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.