Austin DWI Lawyer

Texas DWI Law

Depending on what the tester for your breath test read and how many prior convictions you have had will determine what your sentence will be.

• First time offenders will be ordered to pay a fine of up to $2000, spending anywhere from 72 hours to 180 days in jail, and having your license suspended between 90 days and 1 year.
• Second time offenders will be ordered to pay a fine of up to $4,000, spending between 30 days and 1 year in jail, and having your license suspended anywhere from 180 days to 2 year.
• Third time offenders will be ordered to pay a fine of up to $10,000, spending between 2 to 10 years in the penitentiary, and having your license suspended between 180 days and 2 years.

For people under 21, the punishments are a little more extensive because the person is under age. The punishments will also depend on if the minor has any past convictions or arrests.

• First time offenders (under 21) will be ordered to pay a fine of up to $500, license will be suspended for up to 60 days, between 20 and 40 community service hours, and mandatory attendance in alcohol-awareness classes.
• For second and third offenders (under 21) the penalties increase for each offense including up to 180 days of license suspension, because there is a “zero-tolerance” policy in Texas.

For people 17 and older , who have been pulled over with a Blood-Alcohol Level(BAC) of .08 or greater will receive a fine of up to $2000, 72 hours to 180 days in jail, and up to 1 year license suspension.

DWI Rights

As a citizen you have many rights when it comes to being pulled over or arrested for a DWI. You have the right to refuse to answer any questions other than your name, date of birth, and address. When being pulled over, you also have the right to refuse to take any of the field sobriety tests including but not limited to: testing your breath with a handheld tester, testing your eyes, test your blood(if asked), and any roadside tests. If you decide to refuse the tests, the court will automatically suspend your license for 180 days. The legal limit in Texas is a .08%, but if you are younger than 21 it is lower.

The breath tester is the Intoxilyzer 5000. Although it isn’t 100% accurate, it takes into account many different aspects. The computer assumes that every sample given is at a 93.2 F air temperature. Because this is not always true it can cause variations in the results. The sample that you give is also not allowed to be retested by anyone under any circumstances. The mechanics can also play a factor in the results of your breath test because machines do make mistakes. The report is going to be in the officer’s account of the situation, so it would be in your best interest to take the tests you are asked to and to be polite. It will reflect better on you when it comes to the hearing because the court will see you were very compliant with the officer’s requests.

For more information or to talk to an attorney about your DWI, call Attorney Ian Inglis at 512-472-1950.