Drunk driving convictions are the leading generator of municipal court revenue statewide. More than 90,000 motorists are charged with drunk driving each year in Texas. Most states charge drunk driving as either Driving While Intoxicated (DWI) or Driving Under the Influence (DUI). But Texas has both: The DWI law applies to adults with a BAC over .08 while DUI applies to minors under the age of 21 who are found to have any amount of alcohol in their system. In cases where drug possession is involved alongside a DUI charge, the legal ramifications can be even more complex and severe. Additionally, Texas has a lifetime lookback law, which means a drunk driving conviction will remain on your permanent driving record.
- Texas DWI: Section 49.04 in the Texas Penal Code defines driving while intoxicated as a vehicle in operation in public by a driver whose mental and/or physical faculties are impaired by alcohol or drugs. A BAC of .08 or above establishes intoxication. Additional testing can be conducted if drugs are suspected.
- Texas DUI: Can be charged even when a motorist’s BAC is below .08 if the driver is under the legal drinking age of 21. Any amount of an impairing agent can result in charges.
Texas Drunk Driving Penalties:
Houston Drunk Driving Defense
The state is faced with so many cases, courts count on most defendants quickly pleading guilty. Experienced DWI lawyers in Houston know that is a mistake. The lifetime lookback law in Texas will leave a drunk driving conviction on your record forever, and can significantly increase the penalties of future charges. Additionally, a drunk driving conviction can result in job loss, an inability to work in certain jobs or professions, adversely impact divorce, child custody or family law proceedings, and will cost at least $10,000 on average, including drastically increased auto insurance premiums for years to come. For individuals accused of
violent crimes in conjunction with a DUI, the legal stakes are significantly higher.
In many cases, simply hiring an experienced DWI attorney in Houston can force the state to dismiss or reduce the charges against you. An experienced drunk driving defense lawyer will also challenge each element of your case, including probable cause for your traffic stop, results of field sobriety, breathalyzer or blood or urine tests, the training and conduct of officers involved, the maintenance and calibration of the testing machine, and many other aspects of your case.
Since 2019, the law also permits first-time DWI offenders to apply for deferred adjudication. Successfully completing this process can allow defendants to avoid jail time and a final conviction. Once community supervision is successfully completed, the DWI charge can be dismissed by the court. In other cases, your drunk driving defense lawyer can argue with the state for a reduction that will keep a drunk-driving conviction off your criminal record and eliminate the hassle and expense of arguing your case in court.
Alex Macias is an experienced Houston criminal defense lawyer who represents clients in state and federal court in Houston and the surrounding areas, including Fort Bend and Montgomery counties, Sugar Land, The Woodlands, Pearland, Knogwood, Katy, League City, Stafford, Friendswood, Richmond, Cypress, Clear Lake, Humble and Fulshear.
The Law Offices of Alejandro Macias, PC offers free and confidential consultations. Call 281-742-9508. ¡Se Habla Español!
