Greenville DWI Attorneys

Serving the Accused in Hunt County & Surrounding Areas

As in other states, driving while intoxicated (DWI) is a serious offense in Texas which can lead to an array of penalties. The legal limit for blood alcohol concentration (BAC) is 0.08 percent for adults, 0.00 percent for those under 21, and 0.04 percent for commercial drivers. Furthermore, you can be arrested for drunk driving with a BAC lower than the legal limit if law enforcement observes that your physical and mental faculties have been impaired by alcohol or drugs.

Being arrested for DWI can be an intimidating and frightening experience, especially if it’s a first offense. You may think nothing can be done about the forthcoming process; but that is not true. Many aspects of your arrest can be investigated to determine if your legal rights were violated and if any legal, technical, or scientific errors were made during or following your arrest. In order to have this investigation conducted, you will need an experienced Greenville DWI lawyer. You can find one at Willeford, Duff & Council. Our legal team includes a lawyer who is Certified by the Texas Board of Legal Specialization in Criminal Law, which is the highest level of professionalism possible in any legal field.

Facing DWI Charges in Texas?
Don’t navigate the legal process alone. Call (903) 407-4072 today for a consultation with a trusted Greenville DWI attorney. We’re here to protect your rights and fight for the best possible outcome.

Texas DWI Facts & Consequences

Under Texas implied consent laws, if you are pulled over by law enforcement and asked to take a breath test, you must do so. If you refuse, you face a license suspension of 180 days up to 2 years depending on if it is a first offense or subsequent one.

In any DWI conviction, the penalties will depend on the BAC level and your prior DWI convictions, if any.

For a first offense with a BAC measuring 0.08 percent but less than 0.15 percent, you face:

• Jail time of 72 hours up to 180 days
• A fine of up to $2,000
• A license suspension of 90 days to a year

If your BAC measures 0.15 percent or higher, your Class A misdemeanor penalties will be steeper. Any subsequent DWI conviction will also result in higher fines, longer terms of incarceration, and license suspensions of up to two years.

Informative DWI Resources and Insights

• DWI - But Your Doctor Prescribed The Meds?
• I Left the Bar and Got Pulled Over, Now What?

DWI Penalties in Texas

Driving While Intoxicated (DWI) is a serious offense in Texas with varying penalties depending on the situation. Here’s a breakdown:

• First Offense:

  • BAC 0.08% or higher:
    • Jail time ranging from 72 hours to 180 days.
    • Fines up to $2,000.
    • Driver’s license suspension from 90 days to 1 year.
  • BAC under 0.08% but still impaired:
    • Penalties may be less severe, but can still include fines and suspension.

• Second Offense:

  • Jail time from 30 days to 1 year.
  • Fines up to $4,000.
  • Driver’s license suspension up to 2 years.

• Third Offense:

  • This is a third-degree felony.
  • Jail time from 2 to 10 years.
  • Fines up to $10,000.
  • License suspension up to 2 years.

• High BAC (0.15% or more):

  • If arrested with a BAC of 0.15% or higher, the penalties increase, including the possibility of longer jail time, higher fines, and more severe license suspension.

• Refusing a Breathalyzer:

  • If you refuse to take a breath or blood test, Texas law imposes penalties, such as:
    • A license suspension from 180 days to 2 years.
    • The refusal can be used as evidence against you in court.

DWI Defense Strategies

Several defense strategies might help in challenging a DWI charge. These include:

• Illegal Traffic Stop:

  • If the officer didn’t have reasonable suspicion to pull you over, the evidence gathered may be inadmissible.

• Breathalyzer Issues:

  • Breath tests can be inaccurate due to equipment malfunctions or improper procedures.
  • A defense might involve challenging the calibration of the machine or the officer’s administration of the test.

• Field Sobriety Test Reliability:

  • These tests can be influenced by weather conditions, medical conditions, or mistakes by the officer, which may weaken the prosecution’s case.

• Medical Conditions:

  • Conditions such as diabetes or acid reflux can sometimes lead to false positives on breathalyzer tests or affect your performance in field sobriety tests.

What Happens During a DWI Arrest in Texas?

If you’re arrested for DWI in Texas, here’s what you can expect:

• The Stop:
  • The officer will pull you over and assess your driving behavior.
  • They may ask you to perform field sobriety tests and submit to a breathalyzer.
• Arrest:
  • If the officer believes you're intoxicated, you will be arrested and taken to the station.
  • You will be booked, fingerprinted, and your vehicle may be towed.
• Booking and Processing:
  • Once at the station, you will be asked for personal information, and your fingerprints will be taken.
  • A breath or blood test may be administered, and if refused, penalties may apply.
• Bail and Release:
  • Depending on the situation, you may be able to post bail and be released, awaiting your court date.

DWI vs. DUI: What’s the Difference?

In Texas, DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are distinct offenses, though they may seem similar:

• DWI (Driving While Intoxicated):

  • Refers to driving under the influence of alcohol or drugs.
  • For adults, the legal BAC limit is 0.08%. However, you can still be arrested for DWI even with a BAC below 0.08% if impaired.

• DUI (Driving Under the Influence):

  • In Texas, DUI is reserved for minors (under 21) who drive after consuming any amount of alcohol, regardless of BAC.
  • DUI carries specific penalties for underage drinking and driving, such as fines, license suspension, and mandatory alcohol education.

Both charges carry serious penalties, but DWI can be more severe, especially if multiple offenses are involved. It’s important to understand the specific charge you’re facing to ensure you have the best possible defense.

Frequently Asked Questions (FAQ)

• What is the legal BAC limit for DWI in Texas?
  In Texas, the legal blood alcohol concentration (BAC) limit is 0.08% for adults. For commercial drivers, the limit is 0.04%, and for those under 21, the limit is 0.00%. You can also be arrested for DWI with a BAC lower than 0.08% if law enforcement observes signs of impairment.
• What happens if I refuse to take a breathalyzer test in Texas?
  Refusing to take a breathalyzer test in Texas can result in serious consequences. Under Texas' implied consent law, refusal to submit to a breath or blood test can lead to a driver’s license suspension ranging from 180 days to 2 years. Additionally, the refusal can be used as evidence against you in court.
• Can I be arrested for DWI if my BAC is below 0.08%?
  Yes, you can be arrested for DWI in Texas if your BAC is below 0.08%, as long as law enforcement believes you are impaired by alcohol or drugs. DWI charges can be based on physical signs of impairment, not just BAC.
• What penalties will I face for a first-time DWI offense in Texas?
  For a first-time DWI offense in Texas with a BAC of 0.08% or higher, the penalties include:
  • Jail time from 72 hours to 180 days.
  • Fines up to $2,000.
  • License suspension ranging from 90 days to 1 year. If your BAC is 0.15% or higher, penalties may be more severe.
• What are the defenses against a DWI charge in Texas?
  Common defense strategies in DWI cases include:
  • Challenging the legality of the traffic stop.
  • Questioning the accuracy of breathalyzer tests and field sobriety tests.
  • Highlighting errors made by the officer during the arrest.
  • Presenting medical conditions that may have affected the breathalyzer results.
• What is the difference between DWI and DUI in Texas?
  In Texas:
  • DWI (Driving While Intoxicated) refers to driving under the influence of alcohol or drugs and applies to adults (18+). You can be arrested for DWI even if your BAC is under 0.08% if you show signs of impairment.
  • DUI (Driving Under the Influence) applies to minors (under 21) and refers to driving after consuming any amount of alcohol, even if their BAC is below 0.08%. DUI carries separate penalties, such as fines, license suspension, and mandatory alcohol education.

Choose Willeford, Duff & Council for Experienced DWI Defense

When you hire our firm, you will get a team approach of skilled and dedicated attorneys who have over 44 years of combined experience to use on your behalf. We urge you to contact us to arrange to speak with one of our Greenville DWI lawyers to learn more about your case and your legal options.

Arrested for DWI in Hunt County or Surrounding Areas?
Let us help you understand your options and build a strong defense. Call (903) 407-4072 now to speak with an experienced DWI lawyer at Willeford, Duff & Council. We are dedicated to defending your freedom.