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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 drunk driving regardless of your BAC level. Because the public opinion of drunk driving is so negative, prosecutors have to be very hard on those arrested for Driving While Intoxicated. However, just because you have been charged with drunk driving, doesn’t mean you are guilty. There are several factors that can be reviewed to determine the merit of your drunk driving case.
Our criminal defense law firm has over 200 years of combined legal experience in handling this type of criminal case and we can discuss with you the best way to handle your particular DWI case. The ramifications of a drunk driving arrest on your future could be severe, so don’t hire an attorney who is going to plead you guilty and not fight your case.
Texas DWI Penalties:
First DWI conviction in Texas with a BAC between 0.08-0.15
- Fine up to $5,000
- Up to Six months in jail
- Suspended driver’s license for up to a year
Second DWI conviction in Texas, or a First DWI with a BAC over 0.15
- Fine up to $8,500 if within 36 months of the first DWI, OR a fine of up to $10,000 if BAC is over 0.15
- Up to one year in jail
- Suspended driver’s license for up to two years
For further penalties or additional information on DWI’s in Texas.
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.
Will a Sovereign Citizen Defense Work in a Texas DWI Case?
A sovereign citizen defense holds no legal value in Texas DWI cases. The claim that one is exempt from government laws doesn’t work in Texas courtrooms, even if you’re facing DWI charges. If you’re facing DWI charges in Texas and trying to use sovereign citizen arguments, it will harm your case. Asserting that the court has no jurisdiction over you or claiming that driving is a right rather than a privilege will not help your DWI case.
Your best option is to work with a qualified DWI attorney who is knowledgeable about Texas law. A lawyer will review your evidence, challenge police procedures, or question the results of breath and blood tests. These are legitimate defenses that can be effective in Texas courts. Asserting that you’re a sovereign citizen won’t work at all inside the Texas courtroom.
Award Winning Texas 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.
