Driving While Intoxicated Charges Attorney
Texas DWI / DUI Trial Lawyer
Penalties for driving while intoxicated in Texas are very stiff. For first time offenders a DWI charge is considered a class B misdemeanor punishable by up to 180 days in prison and a fine of up to $2,000. It is important to seek the counsel of a San Antonio DWI criminal defense attorney as soon as possible after your arrest to ensure you do not miss any critical deadlines. For instance, on your first offense you will receive an automatic license suspension if you do not request a hearing within 15 days of your arrest.
Punishment varies for DWI offenses depending upon the number of prior convictions and if there were any passengers in the vehicle under the age of 15. A newer law that went into effect September 1, 2003, charges even a first time DWI offender with a state jail felony if there was a child under the age of 15 in the car at the time of the offense. The felony is punishable by up to 2 years in state prison and up $10,000 in fines. It is advisable to speak with a skilled DWI defense attorney if you are facing a state felony charge, and to take this DWI charge very seriously.
The second DWI conviction will be considered a class A misdemeanor punishable by up to one year in prison and $4,000 in fines. The third conviction is considered a 3rd degree felony with a maximum jail time of 10 years and a fine of up to $10,000. In addition to these very rigid penalties, DWI offenders can also be assessed an annual surcharge for their conviction:
• 1st time offenders – $1,000 per year for 3 years
• 2nd or subsequent offense within 36 months – $1500 for three years
• If blood alcohol is shown to at or above 0.16 – $2000 for three years.
The legal limit for Blood alcohol concentration in Texas is .08. A urine, blood or breathalyzer test is needed in order to prove your BAC. You have the right to refuse the testing, but you may have your driving privileges suspended for 180 days. If you took the breathalyzer test and it showed a higher than .08 BAC, contact our law office today. Breathalyzer tests have been proven to be inaccurate in certain instances. The burden of proof is on the government for all issues regarding your conviction. If the government fails to meet the burden of proof on any one of the issues presented to the court your case will be dismissed. Contact Attorney Jorge Aristotelidis right away to discuss your options.
DWI charges can have serious life altering consequences. Call the law office of Jorge Aristotelidis today to begin fighting for your rights. Attorney Jorge Aristotelidis serves the entire state of Texas and takes federal cases nationwide. We also accept cases at the federal level from anywhere in the nation. Call or email our office today.