DWI and other intoxication-related offenses are the type of allegations that anyone can find themselves facing. The laws regarding intoxication-related offenses such as DWI, DUI and Intoxication Manslaughter are extremely complicated. Depending on the outcome of the case, you could face time in jail or prison, fines, court costs, probation and probation fees, surcharges on his driver’s license, the loss of driving privileges — not to mention a conviction for committing a crime (in some cases, a felony).

DWI Conviction Range of Punishment:

  • First Offense: Class B Misdemeanor — punishable by not less than 72 hours or more than 180 days in the county jail and/or a fine not to exceed $2,000
  • Second Offense: Class A Misdemeanor — punishable by not less than 30 days or more than one year in the county jail and/or a fine not to exceed $4,000
  • Third Offense: Third Degree Felony — punishable by not less than two years nor more than 10 years in prison and/or a fine not to exceed $10,000

DWI Conviction Driver License Surcharges:

  • First DWI Conviction: $1,000 per year for three years ($3,000 total)
  • Second DWI Conviction: $1,500 per year for three years ($4,500 total)
  • Conviction with Alcohol Concentration 0.16 or greater: $ 2,000 per year for three years ($6,000 total)

The consequences of a conviction can be severe and long-lasting. Contact us and let us assist you and ensure that your rights are protected.

Driver’s License Suspension

Administrative License Revocation (ALR)
An arrest for DWI will likely lead to a criminal complaint being filed. In cases where you refused to submit to a breath or blood test, or consented to a breath or blood test and the result was an alcohol concentration of 0.08 or greater, the arresting officer issues a Notice of Suspension/Temporary Driving Permit. This begins a civil action by the Texas Department of Public Safety (DPS) to attempt to suspend your driver’s license.

DPS will automatically suspend your license on the 41st day after a DWI arrest with a refusal or a result over 0.08, unless you request a hearing challenging the attempted suspension within 15 days after the arrest.

There are two important reasons to request an ALR hearing. First, DPS may fail to prove its case, in which case you keep your license until the resolution of the criminal case. Second, you get a preview of the State’s criminal case, including discovery of the police officer’s reason for the arrest.

Exercising your right to an ALR hearing is time-sensitive; therefore contact us immediately so that we can ensure your right and privilege to drive are protected.

Occupational Driver’s License (ODL)
If your license is suspended, you may petition the Court for an Occupational Driver’s License (ODL). An ODL is a special kind of license that allows you to meet your “essential needs” such as driving to and from work, school or other necessary household responsibilities. The Court may limit your driving to a scheduled time.

If you drive while your license is suspended, you may be charged with the offense of Driving While License Invalid. Additionally, if you violate the conditions of an ODL, you could be charged with the offense of Violation of Occupational Driver’s License. If you are charged with Driving While License Invalid or Violation of Occupational Driver’s License, you could face jail time, fines, court costs, probation fees, and additional driver’s license suspensions and surcharges.

If you are in need of an Occupational Driver’s License, please contact us so that we can assist you in minimizing the disruption to your daily life caused by an inability to drive.