In Texas, the legal limit of intoxication is 0.08 BAC (blood alcohol concentration or breath alcohol content). You can be charged with drunken driving if the police believe you are Driving While intoxicated. Due to the negative public perception of drunk driving, prosecutors must be very strict with those arrested for Driving While Intoxicated. Just because you’ve been charged with drunken driving doesn’t mean that you are guilty. You can review several factors to determine whether your drunk driving case is meritorious. Some criminal lawyers will plead guilty to your drunk driving case and not contest it.
Texas DWI Penalties:
A first DWI conviction in Texas for a BAC of 0.08-0.15
- Maximum fine of $5,000
- Prison Terms of Up to Six Months
- Driver’s license suspended for up to one year
Second DWI conviction or First DWI with a Blood Alcohol Content above 0.15
- If you are convicted of DWI within 36 months, you can be fined up to $8500 OR if your BAC is above 0.15, up to $10,000.
- Prison sentences of up to one year
- Driver’s license suspended for up to 2 years
Further information about DWI penalties in Texas.
Administrative License Revocation (ALR)
The Department of Public Safety may suspend a driver’s licence of someone arrested for DWI. You can lose your license if you refuse to submit to a blood or breath test, or if the results are.08 or more. When you are charged in Texas with driving while intoxicated, the officer must take your license and give you a notice of suspension (a temporary permit for 40 days). YOU ONLY HAVE 15 DAYS AFTER THE DATE OF YOUR NOTICE OF SUSPENSION, TO REQUEST ALR HEARING. If you don’t request this hearing, your license suspension will take effect 40 days after the date of the Notice. If you request an ALR hearing, your temporary driving permit will remain in effect until the date the judge makes a final decision.
The ALR hearing gives you the opportunity to fight for your license to be returned. It is important to retain a lawyer who can handle both the ALR and the criminal DWI proceeding. They can ask for certain items at the ALR hearing that will provide us with great detail about your arrest, and give us clues on how the State will deal with the criminal part of your DWI arrest.
Texas Occupational Driver’s License
Your attorney can arrange for you to keep driving if your license is suspended. A restricted license is issued to those whose regular license has been suspended or revoked due to certain offenses. You can use a non-commercial motor vehicle for your job, school, or household duties with an occupational license. You must meet certain requirements in Texas to obtain an occupational license. These include:
- The certified copy and the certified copy of the court order granting an occupational license
- Original pink SR-22 certificate. This is the only acceptable proof of insurance
- A fee for an occupational license of less than one year
- If required, the reinstatement fee for Safety Responsibility suspension.
- The reinstatement fee is a statutory fee for the Driver Improvement Suspension, if applicable
- A statutory reinstatement charge for the Administrative License Revocation, if required
- Before the occupational license can be issued, all reinstatement fees must be paid.
Driving can be essential to your job, an experienced criminal attorney can help keep your license from being suspended or get you an occupational license.
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