Drunk driving is serious offense in the State of Texas, especially Harris County, where we lead the nation in DWI deaths. For this reason, Houston area law enforcement officers are especially focused on spotting drivers believed to be driving while intoxicated, resulting in a number of 1st offense DWI arrests.
Wrongful DWI Arrests are Common
In many cases, suspected drunk drivers are arrested, charged, and jailed for DWI, whether they were drunk or not.
Your intoxication level is based on the “officer’s opinion”, which can be far from accurate. In other words, the officer makes the decision of whether you were intoxicated or not, regardless of the facts.
If you were charged with DWI, and are looking for an experienced Houston lawyer who knows how to win in these types of cases, contact The Gagliardi Law Firm, PLLC at 713-224-6277.
Attorney Joseph Gagliardi is a member of the National College for DUI Defense, an organization dedicated to improving the DWI defense bar, nationally.
Misdemeanor DWI Offenses
If you were charged with DWI a first or second time, you’ll face prosecution for a misdemeanor offense. However, in some cases, a 2nd DWI where the defendant was shown to have a Blood Alcohol Content level in excess of 0.8, have been enhanced to State Jail Felony cases.
Penalty if Convicted for a 1st or 2nd DWI
Losing Your Texas Drivers License
The first and most immediate penalty following a DWI arrest is Administrative License Revocation. Within 15 days of your arrest, the State of Texas will suspend your Texas Driver License. The only way to avoid the suspension of your license is to fight the suspension by appearing at the hearing, preferably with legal representation.
If Convicted of DWI a 1st Time
If you’re convicted of DWI in Texas for the first time, the criminal penalties are assessed under Class B Misdemeanor guidelines.
FINE: Up to $2000.
JAIL TIME: 3 Days to Six Months
TDL SUSPENSION: Drivers license suspension may last from 90 days to 1 year.
If Convicted of DWI a 2nd Time
If you’re convicted of DWI in Texas for the first time, the criminal penalties are assessed under Class A Misdemeanor guidelines.
FINE: Up to $4000.
JAIL TIME: 30 Days to 1 Year
TDL SUSPENSION: Drivers license suspension may last from 180 days to 2 years.
Felony DWI Offenses
Learn More: 3rd DWI & other Felony DWI Offenses
Experienced DWI Defense Attorneys
Don’t hesitate to contact Attorney Joseph Gagliardi and the legal team at The Gagliardi Law Firm, PLLC if you have questions or need to discuss your legal options following a DWI arrest. Call us at 713-224-6277, our phones are answered 24/7.