Texas harshly punishes driving while intoxicated (DWI) and driving under the influence (DUI) offenses.
What Is a DWI?
DWI stands for “driving while intoxicated,” which is a criminal offense that occurs when a person operates a motor vehicle while under the influence of alcohol or drugs. Under Texas Penal Code Section 49.04, a non-commercial driver is considered intoxicated at a blood alcohol concentration (BAC) of 0.08% or higher.
However, even if a person’s BAC is below the legal limit, they can still be charged with DWI if their ability to operate a vehicle is impaired due to alcohol or drugs. Texas also defines intoxication as the loss of normal use of mental or physical faculties due to alcohol, drugs, or another substance. The alcohol concentration threshold is 0.04% for a commercial motor vehicle operator, while a driver younger than 21 can face a Texas DUI charge for any detectable amount of alcohol.
Penalties of a DWI Conviction in Texas
In Texas, the penalties for a DWI conviction vary depending on the circumstances of the case but can include fines, license suspension, mandatory alcohol education programs, and even jail time, especially for repeat offenders or cases involving serious injury or death.
A first DWI is a Class B misdemeanor punishable by 72 hours to 180 days in jail and a fine of up to $2,000. If the person’s blood alcohol concentration was 0.15% or higher, a first offense becomes a Class A misdemeanor carrying up to one year in jail and a fine of up to $4,000.
A second DWI is a Class A misdemeanor punishable by 30 days to one year in jail and a fine of up to $4,000. A third or subsequent offense is a third-degree felony carrying two to 10 years in prison and a fine of up to $10,000. Driving while intoxicated with a passenger younger than 15 is a state jail felony punishable by 180 days to two years in a state jail facility and a fine of up to $10,000.
DWI laws are intended to deter people from driving under the influence and to protect the public from the dangers of impaired driving.
Anyone pulled over and found to be intoxicated by either alcohol or drugs can face serious legal consequences that go far beyond simple fines.
At Wolf, Stallings & Mayo, we recognize how serious these punishments and the other long-term consequences of DWI and DUI arrests are. That’s why we strive to provide every one of our clients with informed legal advice that’s tailored to their specific situations. Since 2018, our attorneys have built a strong track record of successfully representing Texans facing DWI charges in Midland-Odessa and the surrounding areas. We handle each case with compassion and work to use our available resources to advocate for your interests.
Call (432) 237-3530 to request a free consultation with one of our DWI attorneys in Midland, TX.
Depending on the specific circumstances of your arrest, legal penalties for DWI and DUI convictions could include:
Loss of your driver’s license
Jail time
Steep fines
Restitution (if applicable)
Installation of an ignition interlock device on your vehicle
Court-ordered alcohol/drug education or treatment programs
Community service
Understanding the Consequences of a DWI Conviction
Being convicted of a DWI can have serious and long-lasting consequences. It can result in fines, license suspension, increased insurance rates, and even jail time. In addition to the legal penalties, a DWI conviction can also impact your personal and professional life, affecting your job prospects and reputation.
After a suspension, an occupational driver’s license may allow limited driving for work, school, or essential household duties. Eligibility and permitted driving conditions depend on the circumstances of the suspension and the court’s order.
Texas allows deferred adjudication community supervision in some first-offense DWI cases. It isn’t available when the person held a commercial driver’s license or permit or had an alcohol concentration of 0.15% or higher.
The Midland County DWI Court Program is an eleven-month, five-phase diversion program followed by at least six months of post-graduation monitoring. Eligibility considerations include a pending Midland County DWI charge or community supervision for one, a minimum age of 17, and a high-risk assessment involving a substance use disorder. Misdemeanor cases typically proceed through the Midland County Court at Law, while third-offense DWI, intoxication assault, and intoxication manslaughter cases are handled in Midland County District Courts.
At Wolf, Stallings & Mayo, our Midland DWI lawyers understand the gravity of DWI charges and are committed to providing aggressive defense to protect your rights and minimize the impact of a DWI conviction. We’ll work tirelessly to challenge the evidence against you and strive to protect your rights throughout the case.
Don’t face DWI charges alone. Contact us today to schedule a consultation and learn how we can help you fight DWI charges in West Texas.
Administrative License Revocation After a DWI Arrest
The Texas Administrative License Revocation Program is a civil process that can suspend or disqualify a driver’s license after a DWI or boating while intoxicated arrest. This proceeding is separate from the criminal case and determines whether a license suspension or disqualification is authorized.
A driver generally has 15 days after receiving a suspension notice to request an Administrative License Revocation hearing through the State Office of Administrative Hearings. Without a timely request, the suspension takes effect on the 40th day after the notice was served. When a driver consents to a blood test, the request period is 20 days from the date the Texas Department of Public Safety mails the notice after receiving the test results.
Commonly Asked Questions
What Are Some Potential Defenses Against DWI Charges in Midland, TX?
Potential defenses depend on the evidence and procedural history. We examine the traffic stop and standardized field sobriety tests, including horizontal gaze nystagmus, which measures involuntary eye jerking, the walk-and-turn, and the one-leg stand. A driver can refuse a requested specimen, but breath test refusal can trigger a separate license suspension. We also review chemical-test collection, handling, and witness testimony when developing an individualized defense strategy.
