Determined Lawyer Fights for Texans Facing DWI Penalties
Kerr County attorney advises on consequences of a DWI conviction in Texas
Driving while drunk is a dangerous activity, and law enforcement places a heavy focus on stopping intoxicated drivers. Accordingly, the penalties associated with a DWI conviction can have a serious effect on your life. At the Law Firm of Richard L. Ellison, P.C. in Kerrville, I represent Texas clients accused of drunk driving and use my experience to help them avoid harsh punishment not supported by the facts of the case.
Texas DWI and DUI laws
Under Texas law, driving while intoxicated can be charged when someone operating a vehicle is high on drugs, impaired by alcohol or has a blood-alcohol content (BAC) of .08 percent or higher. If you’re younger than 21 years old, you may be charged with underage DUI if you drive after consuming any amount of alcohol that is detectable. While even a first drunk-driving conviction can cause long-term problems, multiple offenders face harsher sentences. Aggravating circumstances, such as an accident where someone was injured or the fact that a child was in the car, also triggers tougher punishments. Regardless of what your case entails, if you are charged with drunk-driving, I am ready to fight for you and will work zealously to protect your rights.
Penalties for DWI in Texas
Initial DWI convictions can be punished by a jail sentence between three days and six months, as well as a $3,000 fine. For a second offense, incarceration runs from 30 days to one year in jail, with the top fine rising to $4,500. Someone convicted of DWI for a third time will face between two- and 10-years’ imprisonment and possible $10,000 fine. In addition, your license may be suspended for up to one year for a first conviction and two years for a subsequent conviction. If you’re permitted to operate your vehicle, you will be required to equip it with an ignition interlock device (IID), which prevents you from starting the vehicle if a breath test indicates that you have been drinking.
Factors affecting DWI penalties
A number of factors may potentially increase the penalties you face, including:
- A BAC of at least .15 percent
- A passenger younger than 15 years old in your vehicle
- Having an open alcoholic beverage container in your vehicle
- An accident that causes a death or serious injury
When aggravating factors are not present, there might be the chance to negotiate for a reduced charge that is punishable by probation rather than jail time. As soon as you’ve been accused of a DWI, you should speak with a qualified Texas drunk driving defense attorney to get an informed perspective on your legal options.
How long does a DWI stay on your record?
Once you’re convicted of DWI, the conviction will typically stay on your record and count as a prior conviction for the remainder of your life. Texas has very strict standards for obtaining an expungement of your record, so it might be impossible to expunge your record once you are convicted. That is why I work so hard either to obtain a dismissal, acquittal or reduced charge that won’t have the same dire impact on your future.
Contact an experienced Texas attorney if you’re facing possible DWI penalties
If you are accused of driving while intoxicated, trust the Law Firm of Richard L. Ellison, P.C. to provide the resolute defense you need to protect your rights. To schedule an appointment at my Kerrville office, call me at 830-955-8168 or contact me online.