Turnbull Legal Group Can Help
Being pulled over for a DWI in Texas can be terrifying. When your legal rights are on the line, don’t leave protecting them to an amateur. Mr. Turnbull is a leading Texas DWI attorney who has more than 25 years of experience and has earned a 10.0 Superb Rating on Avvo. You can rely on our skilled team to defend your rights if you have been charged with drunk driving. Beyond Harris County, we also serve clients in Brazos and Montgomery county.
In Texas, Driving While Intoxicated is measured by the driver’s blood alcohol content (BAC) while driving. Having a BAC of 0.08% or higher is what the state considers “intoxication.” That percentage is lowered to 0.04% for commercial drivers.
Our firm can assist you with the following types of cases:
- Blood Tests
- DWI Involving Children
- Intoxication Assault & Manslaughter
- Boating While Intoxicated
- DWI Mistakes & Penalties
- Repeat & Felony DWI
- Commercial Driver DWI
- Field Sobriety Tests
- Underage DWI
- Drug-Related DWI
Texas DWI Laws
In Texas, driving while intoxicated (DWI) is defined as either having a blood alcohol (BAC) level of .08 or higher, and/or not having the normal use of your mental and physical faculties due to the consumption of drugs or alcohol. For certain drivers, the BAC level is lower, such as zero tolerance for drivers 21 and under, and a BAC level of .04 for commercial drivers. Since driving while intoxicated can lead to fatalities, Texas strictly enforces DWI laws. Additionally, under Texas’ “implied consent laws,” by driving on Texas roads, a driver has automatically given consent to have his or her breath or blood sample tested by an arresting officer. Failure to voluntarily provide these samples can result in further administrative penalties. You have only 15 days to request an administrative hearing to prevent your license from being suspended.
Texas DWI Punishment
Texas provides the following penalties for DWI convictions, which may vary depending on the facts of your case, prior convictions, and unique circumstances of your case:
First DWI (Class B Misdemeanor):
- Up to $2000 fine
- Minimum 72 hours in jail (MANDATORY)
- Maximum 180 days in jail
- Up to 2 years Probation if eligible
Second DWI (Class A Misdemeanor):
- Up to $4000 fine
- Minimum 30 days in jail (MANDATORY)
- Maximum 1 year in jail
- Up to 2 years Probation if eligible
Texas Felony DWI Punishment
3rd DWI (3rd Degree Felony):
- Up to $10,000 fine
- Minimum 2 years in jail (MANDATORY)
- Maximum 10 years in jail
- Up to 10 years Probation if eligible
There are circumstances that could result in an ENHANCED FELONY DWI charge and subsequent enhanced penalties if you are convicted:
DWI With Child Passenger (State Jail Felony):
- Up to $10,000 fine
- Minimum 6 months in State Jail Facility (MANDATORY)
- Maximum 2 years in State Jail Facility
- Up to 5 years probation if eligible
DWI Assault (3rd Degree Felony):
- Cause serious bodily injury to another person as a result of operating a motor vehicle or watercraft while intoxicated
- Up to $10,000 fine
- Minimum 2 years in prison (MANDATORY)
- Maximum 10 years in prison
- Up to 10 years probation if eligible
Intoxicated Manslaughter (2nd Degree Felony):
- Cause the death of a person as a result of operating a motor vehicle or watercraft while intoxicated
- Up to $10,000 fine
- Minimum 2 years in prison (Mandatory)
- Maximum 20 years in prison
- Up to 10 years probation if eligible
Contact Turnbull Legal Group
Get experience on your side. Talk to attorney E.R. (Ned) Turnbull about your rights after a DWI arrest. A failed field sobriety test does not have to lead to a conviction. Contact us at Turnbull Legal Group today to discuss your case. We offer a free initial consultation and preliminary case analysis, so that you can get an honest assessment of your situation before hiring an attorney.