In Texas, the legal limit for intoxication is .08 BAC (blood or breath alcohol concentration). If the police think you are driving while intoxicated, you can be arrested and charged with DWI regardless of your BAC. Because the public opinion of drunk driving is so negative, prosecutors have to be very hard on those arrested for DWI in Texas. However, just because you have been charged with DWI, doesn’t mean you are guilty. There are several factors that can be reviewed to determine the merit of your DWI case. Our law firm has over 200 years combined experience in handling these type of cases and we can discuss with you the best way to handle your particular case. The ramifications of a DWI arrest on your future could be severe, so do not hire an attorney who is going to plead you guilty.
First DWI conviction in Texas
- Fine up to $2,000
- Up to Six months in jail
- Suspended driver’s license for up to a year
- $1,000 or $2,000 every year for three years to keep your driver’s license
Second DWI conviction in Texas
- Fine up to $4,000
- Up to one year in jail
- Suspended driver’s license for up to two years
- $1000 $1,500 or $2000 every year for three years to keep your driver’s license
Administrative License Revocation (ALR)
This is an administrative process by which the Department of Public Safety can suspend the driver’s license of someone who has been arrested for DWI in Texas. Your license can be suspended if you do not submit to a breath or blood test or your breath or blood test is .08 or higher. At the time you are charged with driving while intoxicated in Texas, the officer is required to take your license, give you a Notice of Suspension (a 40-day temporary permit). YOU ONLY HAVE 15 DAYS FROM THE DATE OF THE NOTICE OF SUSPENSION TO REQUEST AN ALR HEARING! If you do not request this hearing, the license suspension goes into effect on the 40th day after the date of the Notice. If you request a hearing, the temporary driving permit remains in effect until the date of the final decision by the ALR judge.
The ALR hearing is important because it gives you the ability to fight to get your license back. Because the ALR is a separate civil proceeding that occurs along with the DWI criminal proceeding it is important to hire an attorney who handles both. At the ALR hearing, we can request certain items that give us great detail of your arrest and will give us clues as to how the State will handle the criminal portion of your DWI arrest.
Texas Occupational Driver’s License
If your license does end up getting suspended, we can try to arrange for you to continue to drive. An occupational license is a restricted license issued to those who have had their regular license suspended or revoked for certain offenses. With an occupational license you are able to operate non-commercial motor vehicles in connection with your job, school, or to perform essential household duties. There are certain requirements you must meet in order to obtain an occupational license in Texas. These include:
- The certified copy of the petition and a certified copy of the court order granting the occupational license
- An original pink SR-22 certificate of insurance. This is the only proof of insurance acceptable
- An occupational license fee for a one-year license or less
- A statutory reinstatement fee for the Safety Responsibility suspension, if required
- A statutory reinstatement fee for the Driver Improvement suspension, if required
- A statutory reinstatement fee for the Administrative License Revocation (ALR), if required
- All required reinstatement fee(s) must be paid prior to the issuance of the occupational license
We know that driving is vital to you to maintain employment. We will work to keep your license from being suspended or to get you an occupational license.
Award Winning Criminal Defense Attorneys
DWI · First Time Offenders · Felony DWI · DWI w/Child Under 15
Just because you’ve been charged with a DWI doesn’t mean you’re guilty. Call the criminal attorneys at Dunham & Jones today for help.
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