In Texas can a first time DWI offender avoid a conviction?

In Texas, an individual operating a motor vehicle with a .08 percent or above blood alcohol content (BAC) is guilty of driving while intoxicated (DWI), a violation which incurs stiff penalties. For commercial drivers and drivers under 21 years of age, the BAC is even lower. Commercial vehicle drivers violate the law with a BAC of .04 and under-aged drivers commit an offense if their BAC is .02.

It is also illegal to drive under the influence of controlled substances such as cocaine, marijuana and other intoxicants.

Texas is an implied consent state which means that drivers who receive a license automatically consent to submit to chemical testing of their blood, breath and/or urine to determine their BAC.

A first-time arrest for a DWI offense in Texas incurs a fine of up to $2,000 and a jail sentence of no less than 72 hours and no more than 180 days. Additionally, the driver's license will be suspended for no less than 90 days and no more than 1 year. Also, the court may order that an ignition interlock device be installed on the driver's vehicle(s) at his or her own expense.

Penalties

Below are the penalties for a first time DWI offense in Texas:

1st Drunk Driving Conviction

• Jail – From 72 Hours to 180 Days
• Jail – From 180 Days to 2 Years (Child under 15 in Vehicle)
• License Suspension – From 90 to 365 Days
• Fine – Up to $2,000
• Fine – Up to $10,000 (Child under 15 in Vehicle)
• DWI Surcharge - $1,000 per Year for 3 Years
• DWI Surcharge - $2,000 per Year for 3 Years (BAC .16 or Above)

Talk with an experienced attorney to discuss Texas DWI laws.