Note: This is not intended to serve as specific legal advice you should always consult a lawyer to discuss your situation.
You were arrested in Texas for a DWI. You failed the breath test. There’s nothing to do but plead guilty, right?
Nothing could be further from the truth. There are many ways of fighting a DWI. Was that breath test administered properly? Was the machine properly maintained? Did the officers follow the correct protocol? Does the result, even if over the limit prove that the alcohol concentration was .08 or greater at the time of driving? The time of the test may not be relevant to the time of driving.
Many people think that receiving a DWI Fort Worth is the equivalent of receiving a speeding ticket, and the easiest thing to do is to pay up and forget about it. Again, nothing could be further from the truth.
A first offense is a Class A Misdemeanor or Class B Misdemeanor. There is a fine of up to $2000, up to $4000 on a Class A misdemeanor. Jail time can range from 72 hours to six months, 30 days up to one year on a Class A misdemeanor. Community service is expected to be between 24 and 100 hours. In actual practice, most first-time offenders are given probation. Probation for a DWI is usually between one and two years. A first-time DWI conviction often requires the completion of a DWI education class. It also often includes a drug or alcohol abuse evaluation. Besides the fine, Texas imposes a surcharge. The surcharge is $1000 per year for three years for the first offense. If your blood alcohol was double the legal limit, the surcharge is $2000.
If you’re convicted of a DWI, you’ll have a criminal record. Your auto insurance is going to take a hit. The DWI will show up on background checks for employment. You’ll feel the effects for the rest of your life.
A second DWI is a Class A Misdemeanor. The minimum jail time is 30 days. A second DWI conviction generally requires that you have a special device installed on your car that demands a breath sample before you can start the car. Periodically while you drive the device retests your breath.
A third conviction A third-degree felony, and the possibility of between two to 10 years in the penitentiary.
In Texas, a DWI Fort Worth conviction stays on your record forever.
A Texas DWI is serious business, and if it all possible it’s something you want to avoid having on your record. If you’re facing DWI charges, don’t make any decisions before speaking to an experienced attorney.
To discuss your concerns with an experienced Texas DWI lawyer, call us at (682) 204 4066 or check out how to be a client.