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How Can Prior Convictions Affect a Current DWI Case?

 Posted on August 15, 2024 in DWI

TX DWI lawyerTexas has had as many as three drunk driving deaths a day and is ranked as the third-worst state in the country in terms of intoxicated driving fatalities. Last year, over 42 percent of all traffic deaths in Texas were caused by drunk drivers, 28 percent of whom had more than double the legal limit of alcohol in their systems.

The state is making efforts to crack down on intoxicated drivers. Driving while intoxicated (DWI) is a serious offense that can trigger severe penalties including heavy fines, license revocation, and even jail time. The sentences vary, however, depending on whether a DWI is your first offense.

This article will discuss basic DWI laws, the penalties for DWI offenses, and how to contact a Texas DWI defense attorney who will protect your rights.

What Is DWI?

The legal definition of an intoxicated driver is one whose blood-alcohol concentration (BAC) is 0.08 percent or over. If a driver is pulled over and a law enforcement officer determines his or her BAC to be at least 0.08 percent, the driver will be charged with a DWI offense.

It is important to note that driving while intoxicated is different than driving under the influence (DUI). A DUI offense is when someone under the age of 21 operates a vehicle while impaired by alcohol or drugs. Any amount of alcohol in a driver under 21 is enough to warrant a DUI charge, which generally carries less severe penalties than a DWI charge.

What Are the Penalties for a DWI Charge?

The legal consequences for a DWI charge depend on several factors. A first offense is usually classified as a Class B misdemeanor, which carries:

  • Up to 180 days in jail
  • A fine of up to $2,000
  • Driving license suspension for up to a year

A second DWI offense becomes a Class A misdemeanor, for which the penalties are:

  • One month to a year in jail
  • A fine of up to $4,000
  • Driving license suspension for up to two years

A third DWI offense becomes a third-degree felony, which carries:

  • Two to 10 years in prison
  • A fine of up to $10,000
  • Driving license suspension for up to two years

Other Considerations

There are other circumstances that determine the severity of the sentence for a DWI. For example, if the driver had a minor passenger under 15 in the car, the penalties are:

  • Up to two years in jail
  • An additional fine of up to $10,000
  • Driving license suspension for an additional 180 days

A first DWI offense in which the driver’s BAC was determined to be 0.15 percent or higher can be enhanced to a Class A misdemeanor, which carries:

  • Up to a year in jail
  • A fine of up to $4,000
  • Driving license suspension for up to two years

Contact a Parker County, TX DWI Defense Attorney

The consequences of a DWI conviction do not necessarily end when the sentence is served. It remains permanently on your driving record and can affect other areas of your life. Give yourself the best defense by hiring Soraya Joslin, P.C., who has nearly 30 years of experience on both sides of the criminal justice system. Call 817-599-7005 to schedule a free consultation with a Weatherford, TX DWI defense lawyer today.

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