20333 State Highway 249, Suite 200, Houston, Texas 77070
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In Texas, a person is legally intoxicated and may be arrested and charged with Driving While Intoxicated (DWI) with a .08 BAC (blood or breath alcohol concentration). A person is also intoxicated if impaired due to alcohol or other drugs regardless of BAC. Whether you’re the driver or the passenger, you can be fined up to $500 for having an open alcohol container in a vehicle. Hire a DWI Lawyer immediately if you have been arrested for driving while intoxicated.

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After an Arrest

Individuals who refuse or fail a blood or breath test following an arrest for DWI may have their driver license suspended from 90 days to 2 years. Refusal or failure of this test will also result in an automatic one-year disqualification for individuals with a commercial driver license. This is known as the Administrative License Revocation (ALR) Program.

Individuals who have been charged with DWI may be eligible to request a hearing for an administrative license revocation (ALR) to contest the suspension of their driver license. This is a civil process and is separate from the criminal conviction process. This hearing must be properly requested and within the required time frame, 15 days. Consult with Houston Criminal Defense Attorney Wayne Goralski for details.

After a criminal conviction for Driving While Intoxicated the potential jail time, fines, and penalties, become increasingly more severe as the number of DWI convictions and aggravating factors accumulate:

Second Offense DWI Conviction

  • A fine of up to $4,000
  • One month to a year in jail
  • Loss of driver license up to two years
  • Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver licenseThird Offense DWI Conviction
    • A $10,000 fine
    • Two to 10 years in prison
    • Loss of driver license up to two years
    • Annual fee of $1,000, $1,500, or $2,000 for three years to retain driver license

    DWI- causing serious bodily injury to a peace officer, firefighter, or emergency medical personnel

    (b-1) An offense under Section 49.07 is a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to a peace officer, a firefighter, or emergency medical services personnel while in the actual discharge of an official duty.

    Intoxication Manslaughter

    a) A person commits an offense if the person:
    (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
    (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
    (b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree.

    Occupational Driver License

    • Individuals may be able to apply for an occupational license while their driver license is suspended or revoked.

     

    Don’t delay. Contact the Law Office of Wayne Goralski today.   
    When you have been charged with a crime, choose a based in Houston criminal defense attorney with the experience and dedication to make a difference. Call 832-834-4656 or contact the office online to schedule your initial consultation regarding your criminal case. Hire a DWI Lawyer with an office conveniently located in Houston, Texas, Mr. Goralski is a Houston Criminal Defense/DWI Lawyer who stands ready to represent you in your criminal matter involving driving while intoxicated.

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