What To Know if You're Arrested for a DWI in Texas
The penalties and how to fight a conviction in Texas
By Lindsay Kramer | Last updated on January 19, 2023Use these links to jump to different sections:
If you’ve been arrested for driving while intoxicated (DWI), first of all, don’t panic. This doesn’t necessarily mean you’ll be convicted. There are ways to fight a DWI charge, and yours might just be dismissed.
Know Your Rights
You have the right to work with an experienced DWI defense attorney to fight your drunk driving charge. After you are arrested, contact an experienced DWI lawyer as soon as possible to start working on your legal defense strategy. Possible defenses to a DWI charge include:- You were not read your Miranda Rights;
- You were not pulled over with probable cause;
- The Breathalyzer used to measure your BAC was miscalibrated or defective; and
- Your Breathalyzer test displayed incorrect results due to your consumption of food or medication.
Penalties for Texas DWI
The penalties you can face for a DWI conviction depend on a few factors: 1) whether this is your first offense DWI, 2) whether there was a child in your car when you were pulled over. For a first time DWI conviction, an individual faces the following penalties:- $2,000 fine;
- Jail time of three to 180 days;
- Driver’s license suspension for up to one year; and
- An annual surcharge of $1,000 or $2,000 to retain one’s driver’s license for three years.
- A jail term of one month to one year;
- $4,000 fine;
- Driver’s license suspension for up to two years; and
- An annual surcharge of $1,000, $1,500, or $2,000 to retain one’s driver’s license for three years.
What do I do next?
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