Texas has enhanced penalties for DWI with high BAC.

Being convicted of a DWI in Texas is bad, but being convicted of a DWI with a BAC over 0.15% is much worse. That's because Texas has "enhanced penalties" for driving with an allegedly high BAC.

What is considered a high BAC here (0.15%) is almost twice the standard legal limit for driving - 0.08% BAC. Therefore, the penalties are more severe for high BAC DWI (driving while intoxicated, aka driving under the influence or DUI). A typical 1st time DWI is a Class B misdemeanor. However, the charges are upgraded to a Class A misdemeanor if the driver allegedly had a BAC of 0.15% or higher.

Your freedom is on the line when you have been charged with a DWI in Texas. Not only will you have to complete a harsh sentence if you are convicted, but your criminal record will likely hamper future opportunities. DWI convictions pop up in background checks and can ruin your chances of obtaining some professional licenses, jobs, housing, education, and loans.

Amanda Webb - DWI Lawyer, stands up for people charged with DWI in Montgomery County and nearby communities. With a practice dedicated to fighting all types of Texas DWI charges, Attorney Webb knows how to tear down seemingly strong cases for prosecution. If you have been charged with a high BAC DWI or another type of DWI, contact us today for a free case evaluation to learn about your criminal defense options.

Texas penalties for high BAC DWI

Penalties for driving with an alleged BAC of 0.15% or greater are increased. If convicted of high BAC DWI in Texas, your penalties may include the following:

• Up to a $4,000 fine.
• At least 3 days in jail with the potential for up to 12 months in jail.
• Up to 2 years of driver's license suspension.
• A State Traffic Fine of $6,000 on top of other fines and court costs.
• Up to 200 hours of community service.
• Attend a DWI Education class along with a VIP class (Victim Impact Panel).
• Installation of a deep-lung device or ignition interlock device on your vehicle(s), the cost of which is paid for by you.

Charges are not convictions.

A high BAC DWI charge may feel like the end, but our law firm can fight for your freedom. Being charged does not mean that you are guilty. So, don't give up hope. Remember:

• Police make mistakes.
• Breathalyzer tests are often faulty.
• We can help you get a hearing and apply for a hardship driver's license.
• Illegally obtained "evidence" gets thrown out.
• Cases can be dismissed.
• Charges can be reduced or dropped.

One of the biggest mistakes made by people charged with DWI in Texas is pleading guilty immediately, hoping for leniency. Another big mistake is thinking they can handle this challenging situation alone. When your freedom and future are on the line, experience matters.

Attorney Amanda Webb is a former Montgomery County assistant district attorney. She uses her inside knowledge of how the local criminal justice system works to help people accused of crimes get the best possible outcome in their case.

If you have been charged with DWI in Montgomery County or the surrounding area, find out how an experienced DWI defense attorney can help you. A member of our team is available to hear from you 24 hours a day, 7 days a week.

What is deferred adjudication?

It is always a good idea to fight DWI charges. However, when a DWI conviction is all but unavoidable, the right outcome for the defendant may be a deferred adjudication. With this type of resolution, you can avoid having a DWI show up on most public background checks and escape collateral penalties like difficulty getting work, housing, and loans, for example.

For those who qualify, a deferred adjudication may be granted in exchange for a guilty or no contest plea to a DWI (driving while intoxicated) charge. In this case, a judge will, more or less, not accept your plea. They will defer further proceedings on your case without entering an adjudication of guilt. You will then, most likely, be required to fulfill a period of community supervision similar to probation.

Conditions of a deferred adjudication typically require you to successfully complete the orders of your supervision and pay all court costs. Upon successful completion of deferred adjudication, you can seal your record from the public with a petition for non-disclosure (PND). The record will still exist and can still be accessed by law enforcement and state agencies for the purpose of enhancing future DWI arrests, but it's not otherwise accessible to the public.

Amanda Webb - DWI Lawyer has more than a decade of experience defending those charged with driving while intoxicated in Montgomery County and the surrounding area - Harris County, The Woodlands, Waller County, Houston, etc. She knows what it takes to successfully petition for DWI deferred adjudications. If you have been charged, or suspect a DWI or DUI is forthcoming, contact us for a free case consultation.

Do you qualify for a DWI deferred adjudication?

Not all cases qualify for deferred adjudication. So, those requesting one must request a court date. Among those facing intoxication charges, people facing their first DWI are the most likely to be eligible.

However, you may be disqualified if your charge is for a violent crime like intoxicated assault. You may also be disqualified if you were granted a deferred sentence within the last 5 years, or you have been convicted of sexual assault, human trafficking in a child safety zone, or indecency with a child, among other violent crimes.

Deferred adjudication for first-time DWI is a fairly new opportunity in Texas. A 2019 law expanded eligibility. As courts adjust to the new terms, it's important to have an experienced DWI defense lawyer on your side who understands how past laws influence current ones. They can determine whether a deferred adjudication is a good option for you, petition the court on your behalf, and fight for your fair treatment by the justice system.

DWI deferred adjudication conditions

In Montgomery County, once you have made your plea and paid your court costs, your adjudication will typically be deferred for 90 days. During that time, you cannot be convicted for any other violations. If you are under age 25, you must also complete an approved driving safety course and return proof of completion to the court.

Usually, conditions of a DWI deferred adjudication include:

• Random drug screenings.
• Alcohol and substance abuse recovery classes.
• Having an ignition interlock device (IID) installed on your vehicle.
• Community service.

What happens after deferred adjudication supervision?

A judge will determine whether you satisfactorily met the terms of your deferred adjudication conditions. If they agree you have completed the conditions, the judge will dismiss the case without a conviction. You can then petition for an order of nondisclosure (OND) to have the original proceedings of your DWI sealed. If you get this OND, details of your DWI arrest and court hearings will be removed from public view. The incident would still be available to law enforcement and state agencies and may be used to enhance future DWI arrests.

However, if the judge says that you failed to fulfill the orders, you could be found guilty and a conviction would be reported to the Texas Department of Public Safety. You would likely have to wait longer to apply for expungement — if you qualify at all — and suffer the collateral penalties associated with a DWI conviction, such as professional license and work restrictions, difficulty gaining housing and loans, etc.

Get a DWI lawyer who fights to win

A DWI on your record comes with many consequences in addition to the initial penalties. When your freedom and future are on the line, the knowledge and skill of an experienced DWI lawyer are critical to your success.

Attorney Amanda Webb is a former Montgomery County assistant district attorney with more than 10 years of trial experience and a passion for helping those in need. She has an insider's understanding of how the local courts work and what it takes to win here. If you are facing a DWI charge, schedule a free case consultation to learn about your options, if you are eligible for deferred adjudication, and how our law firm can help you.

A member of our team is available to hear from you right now. Contact us today.

The penalties depend on many factors, including the specific charge.

A person in Texas is eligible for a provisional driver’s license at 16 but must be at least 21 to buy or publicly drink alcohol. So what happens if a minor (defined as under 21) is caught driving under the influence?

The short answer is that the minor can be charged with a DWI offense and may face fines, a license suspension, community service – and possibly even jail time.

In Texas, it is against the law for adult drivers 21 and over to drive with a BAC (blood alcohol content) of 0.08%. But the rules are much stricter for younger drivers. The state has a zero-tolerance law for any drinking by a minor driver. They can be charged with Driving Under the Influence by a Minor (DUI by a Minor).

What are the penalties for minors?

If the police pull over a minor and suspect alcohol use, the driver may be asked to take a field sobriety test and breath or blood test. A BAC of even 0.02% can result in arrest, and the vehicle may be towed.

DUI by a Minor under 17

This is considered a Class C misdemeanor. For a first offense, the driver may be fined up to $500, sentenced to 20 to 40 hours of community service, receive a license suspension of 60 to 180 days, and may also be required to take an alcohol awareness course. A parent may also be required to take the course.

For a second offense, the driver may be fined up to $500, sentenced to as many as 60 hours of community service, receive a license suspension of 120 days to 2 years, and may also be required to take an alcohol awareness course.

DWI by a Minor 17 to 20

This is considered a Class B misdemeanor. For a first offense, the driver may be fined up to $2,000, sentenced to 72 hours to 180 days in jail, and receive a license suspension of 1 year. In addition, if eligible, the driver may be given the option of a 90-day license suspension if an ignition interlock device (IID) is installed in their vehicle.

A second offense is considered a Class A misdemeanor. The driver may be fined up to $4,000, sentenced to 30 days to one year in jail, and receive a license suspension of 180 days to 18 months.

A third offense is considered a felony DWI. The driver may be fined up to $10,000, sentenced to a prison term of 2 to 10 years, and receive a license suspension of 180 days to 2 years.

Contact a Texas DWI defense attorney.

A DUI conviction can significantly impact a young person’s life and future. If you’ve been arrested for drunk driving in Texas and are facing charges, don’t take chances. Instead, call an experienced DWI defense lawyer to fight for you. Call Amanda Webb – DWI Lawyer.

A former prosecutor, attorney Webb is familiar with the state’s drunk driving laws and how the state builds cases. She knows how to build a strong defense and fights to get charges reduced or dropped. If you’ve been arrested, you need legal advice as soon as possible. There’s too much at stake. Contact us today to schedule a free consultation or call 1-800-395-5951. We're available 24/7.

Texas has many DUI-related charges with stiff penalties, and one such charge is intoxicated assault. The following information is general and explains what an intoxicated assault charge means in Texas. If you are facing an intoxicated assault or another criminal charge, contact Amanda Webb - DWI Lawyer for a free case evaluation. Our criminal defense law firm is based in Conroe, Texas, and we serve the surrounding Montgomery County area.

Intoxicated assault

One of the more common DUI/DWI-related charges under Texas law is intoxication assault.

Intoxication assault is typically applied when a person is accused of operating a motor vehicle, watercraft, aircraft, or amusement ride while intoxicated and, due to this impairment, their actions cause "serious bodily injury" (SBI) to another person.

Serious bodily injury is defined by Texas as an injury that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

Intoxicated assault is a felony

Typically, intoxication assault is a third-degree felony charge, but there are exceptions.

• The penalty for third-degree felony intoxicated assault is up to 10 years in prison with a 2-year minimum sentence.
• The charge can be upgraded to a second-degree felony if the injured person was a firefighter or emergency medical personnel performing their duties or if the alleged victim suffers a traumatic brain injury that results in a persistent vegetative state. The penalty for second-degree intoxicated assault is up to 20 years in prison with a 2-year minimum sentence.
• First-degree felony intoxicated assault applies if the alleged victim was a police officer or judge performing their duties. The penalty for a first-degree felony is up to 99 years in prison with a 5-year minimum sentence.

Options

Every case is different, but in general, those facing an intoxicated assault charge have options. Potential responses to the charge may include:

• Pleading innocent and fighting for a not-guilty verdict or acquittal.
• Pleading guilty.
• Negotiating to plead guilty to a lesser charge.
• If a guilty verdict is reached, depending on your circumstances, your lawyer may argue for a lighter sentence or an alternative to the incarceration program.

Talk to a Texas DWI attorney today

Amanda Webb - DWI Lawyer has a reputation for tearing down seemingly "solid" cases for prosecution. Attorney Webb knows the strategies the Montgomery District Attorney uses on intoxicated assault cases because she is a former assistant district attorney for the county office.

Discover what our law firm can do for you. If you have been charged with intoxicated assault or another DUI-type charge, contact us today to learn more about your legal rights and options. There are no obligations, and our conversation is confidential. For more information, call 1-800-395-5951. We're available 24/7 and would be happy to answer your questions.

Survey results point to significant support, but what does that mean for your legal rights?

Despite the significant jail time, fines, and loss of license, there are many people in Texas who believe the state's DWI laws don't go far enough.

A new national survey asked more than 3,000 people if they would support "zero-tolerance" policies for drinking while intoxicated (DWI). In Texas, 43 percent of respondents say they are in favor of such a rule.

Zero-tolerance DWI or DUI (driving under the influence) charges are usually applied only to minors who are too young to legally drink alcohol. The rule would mean that the discovery of any alcohol in a driver's system is grounds for arrest.

Right now, the federal legal limit is 0.08 percent BAC (blood alcohol content). If it were reduced to 0 percent, then even drinking a small amount of alcohol an hour before driving could be considered DWI. With zero tolerance, it's even possible that using mouth wash - which is usually 14 to 27 percent alcohol -  before getting behind the wheel could be considered DWI.

DWI survey results

The survey, conducted by American Addiction Centers, polled public opinion on additional drinking-and-driving related questions. Other key findings include:

• Nationwide, about 28 percent of people believe it is worse to use a cell phone while driving than it is to drive under the influence of alcohol.
• 1 out of every 4 people say they would report a friend or family member who drives drunk.
• More than 65 percent of survey respondents say drunk driving penalties are not harsh enough.

Texas DWI penalties

State-level data is not available for the DUI-penalty survey question. It would be interesting to see how Texans answered, though. Our state already has some of the harshest penalties in the country.

In Texas, a first offense DWI can lead to months in jail, thousands of dollars in fines, and loss of your driver's license for up to one year.

If convicted of a third offense (or more), the penalty may include up to 10 years in prison and $10,000 in fines.

Punishment often doesn't end after someone completes their sentence, either. Frequently, a DWI on a person's record can stop them from getting certain jobs, professional licenses, loans, and admission to educational programs.

Montgomery County DWI arrests

Montgomery County, in particular, is aggressive about charging people with DWI. An early-April check of the Montgomery County Jail Current Inmate List revealed more than 70 people imprisoned on DWI unresolved charges and convictions.

The specific drinking-and-driving-related charges on the roster include:

• Driving while intoxicated (DWI) - third (or more) offense
• Intoxicated manslaughter
• Driving while intoxicated with children in the vehicle
• Driving while intoxicated/open alcohol container
• Driving while intoxicated with a BAC over 0.15 percent

Many people on the roster are in for more than a DWI charge. Additional charges included allegations of drug possession, evading arrest, unlicensed possession of a firearm, harassment of a public servant, resisting arrest, assault, and theft.

Contact a Texas DWI Lawyer today or a free and confidential case evaluation

There is a lot on the line for people facing DWI in the greater Houston area. If the state were to adopt a zero-tolerance policy for adults, it would almost certainly result in some people's lives being ruined.

When facing drunk driving charges in Texas, it is important to have an experienced DWI attorney fighting to protect your freedom. Amanda Webb - DWI Lawyer has been successfully defending clients against criminal charges for years. A former Montgomery County assistant district attorney, Attorney Webb has an insider's knowledge of how the local criminal justice system works. She knows the DA's tactics and how to defend people against them.

If you are facing DWI charges in the greater Houston area or elsewhere in Montgomery County, contact Amanda Webb - DWI Lawyer for a free case evaluation. At no cost to you, a member of our team will answer your questions, explain the charges and penalties you face, and help you weigh your legal options.

Do not wait. The sooner you call, the sooner we can start protecting your rights and your freedom. Contact us at our Conroe-based law firm today to schedule your free case evaluation. We are ready to hear from you 24 hours a day, 7 days a week.