Office Location
608 West 12th Street, Suite B Austin, TX 78701
contact@wm-attorneys.comEach state has its own use of the terms DWI or DUI, or driving while intoxicated or under the influence of drugs and/or alcohol.s
In Texas, the terms DWI and DUI are commonly used. So you might wonder: What exactly do DWI and DUI mean in Texas? The answer lies in the age of the person who is driving the vehicle at the time of the arrest. While DWI refers to adults 21 years or older, DUI refers to individuals who are below the drinking age of 21, or more specifically, minors – typically between 17 and 20 years old. DUI supports the Zero Tolerance legislation in Texas.
No matter what age you might be, you need to contact an Austin DWI lawyer immediately if you are arrested.
Regardless of your age, it is unlawful in Texas to drive with a blood alcohol content (BAC) at or exceeding 0.08 percent or to demonstrate a lack of control over your physical faculties, such as slurred speech or problems with walking straight.
You may also get arrested at a BAC of under 0.08 percent. This applies to individuals who drive a commercial vehicle or persons under 21 years old. In these cases, people who hold commercial driver’s licenses have a BAC limit of at or above 0.04 percent. Anyone under 21 years old cannot drive if they’ve been drinking alcohol.
According to the state Penal Code § 49.04, DWI is defined in one of three ways.
Reasonable grounds for a DWI arrest are established through the results of a field sobriety test, a breathalyzer test, or findings from a drug recognition expert (DRE) evaluation.
A first-time DWI offense is typically classified as a Class B misdemeanor unless your blood alcohol concentration level is over 0.15 percent. If you’ve taken a controlled substance, you may also face a drug-related offense.
According to Section 106.041 of the state’s Penal Code, DUI covers a minor who is operating a vehicle after drinking alcohol. So, if you’re 16 years old and are pulled over by the police, you can face a DUI if the officer detects alcohol on your breath. Because of the state’s Zero Tolerance law, DUI does not require evidence of impairment. Only trace amounts of alcohol or drugs need to be shown.
So what are the penalties for DWI in Texas? Well, if you’re convicted of a DWI, you can expect to face jail time, fines, license suspension, and/or enrollment in a treatment program.
First offenders may experience:
If you initially refuse to take a breathalyzer test, the duration of your suspension may be longer. However, you have the option to request a hearing within 15 days of receiving the notice of suspension (typically given to you when your license is taken away after an arrest).
Programs. Depending on the circumstances surrounding your case, as a first-time offender, you may be required to attend classes or join an alcohol or drug program. These programs are designed to address the underlying issues that may have led to your DWI arrest.
As a repeat DWI offender in Texas, you’ll face some tough penalties. For example, if you’re stopped and arrested for a second DWI offense, you may experience one of the following punishments:
If you are arrested a third time for DWI, you may have to experience the following:
If you’re involved in a DWI where you cause bodily injuries or death, you’ll be dealing with a felony charge – a charge that comes with much more severe repercussions. Assault, under this classification, is a third-degree felony. Manslaughter while intoxicated is considered a second-degree felony.
Either of these charges may involve:
As you can see, it’s easy to see why Texas embraces a policy of zero tolerance for DUI, as getting arrested for DWI two or more times, or under more serious circumstances, is an expensive and life-changing experience.
The penalties for DUI in Texas are not as severe as those for DWI. However, they are still quite harsh for a minor who is charged with a first offense.
While the penalties are not as serious for DUI as they are for DWI, having a record can create problems. Young people can face challenges when trying to obtain college loans, get housing on campus, or get a job after high school graduation.
For DWI offenses, an expunction is available for people who are charged but not convicted of DWI. If you’re convicted of DUI and have less than 0.08 percent blood alcohol content (BAC), you may be eligible for expunction.
The Lone Star State’s Criminal Procedure Section 55.01 establishes the criteria for getting a record expunged. More specifically, permission is granted in the following cases:
If you’re imprisoned for DWI, you are not eligible for an expungement.
In the instance of deferred adjudication, an expungement is allowed for a Class C misdemeanor charge. A deferred adjudication is a type of probation that allows the defendant to keep their conviction off their criminal record as long as they plead “guilty” or “no contest” with a judge’s approval.
Straight probation, however, is not eligible for expunction. If you’re charged with a Class A or Class B misdemeanor, or a felony, you can only petition the court for an order of nondisclosure.
Nondisclosure laws in Texas allow first-time DWI offenders to have their DWI convictions sealed. This means that the general public cannot review your record. While the record is not destroyed, it still is concealed from view. Therefore, you don’t have to disclose your DWI conviction on a job application, mortgage loan application, or similar document.
Depending on how you’re charged, your waiting period for a request for expunction or nondisclosure varies. After a Class C misdemeanor arrest, you’ll usually have to wait 180 days. For a Class A or Class B misdemeanor, you’ll need to wait three to five years. Felonies involving DWI have waiting periods of three to five years.
A criminal record cited for expunction is destroyed within six months after the filing of the court order.
If you’ve been charged with DWI/DUI, you need to get legal help immediately. In Texas, contact the Law Office of David D. White, PLLC. To experience the best outcome, you need to consult with an attorney right away.
An open container in the State of Texas is any item, that contains any amount of alcohol, and which is unsealed. Yeti cups, thermoses, cans, opened bottles, and flasks that are capped – but which were previously...
In Texas, a conviction for DWI (also known as DUI) on your record can lead to a whole host of legal penalties, administrative penalties, and collateral consequences. One of the legal penalties that a judge might i...
608 West 12th Street, Suite B Austin, TX 78701
contact@wm-attorneys.com