Posts Tagged ‘First Offense’

DWI Texas Law

April 24th, 2010



The state of Texas has a .08 blood alcohol concentration limit for intoxication. However, a driver may be issued a citation for impaired driving due to alcohol or drugs regardless of the amount of alcohol. Impairment can begin with the first drink. Depending on body weight, gender, and the food in one’s stomach, a person’s tolerance varies. In general, women, smaller people, and younger people do not have high tolerances.

Once you are stopped, you will be asked to take a blood or breath test. You can deny. However, you will then be automatically subjected to a 180 day driver’s license. In the state of Texas, punishment for DWI depends on the number of previous convictions.

For a person’s first DWI offense, they will spend between 72 hours and 180 days in jail. In addition, they are subject to fines up to $2,000 and their driver’s license will be suspended for a minimum of 90 days and a maximum of a year. A second offense carries a possible fine of $4,000. An offender will spend between a month and a year in jail. Their driver’s license will be suspended for a maximum of 2 years. If a person is convicted of DWI the third time, they face up to 10 years in prison, a $4,000 fine, and a driver’s license suspension for up to 2 years.

If you are found in possession of alcohol and are under 21, the following will occur on the first offense: 30 day driver’s license suspension, 8 to 12 hours of community service, alcohol-awareness classes and a fine of up to $500. If a second or third offense occurs, the driver’s license can be suspended 180 days. If the offender is above the age of 17 they face a maximum of $2,000 in fines and 180 days in jail for the third offense.

If you are under the legal drinking age of 21 and are drinking and driving, the following will occur: 60 day driver’s license suspension, $500 fine, 20 to 40 hours of community service, an alcohol awareness classes. Penalties increase with subsequent offenses.

The state of Texas has a zero tolerance rule. That means an individual under the age of 21 cannot possess any alcohol in their blood. The above consequences will occur if the amount of alcohol is very minimal. If the BAC is .08 or greater and the individual is 17 they face up to 180 days in jail.

If you are facing DWI charges contact, contact http://www.dwi-lawyers-austin.com for legal help.

By: Joseph Devine

Are the DWI Laws Unconstitutional in 2008? – A Review of Minnesota’s Statute

December 18th, 2009

It would seem that the fabric of Minnesota’s DWI laws is slowly unraveling as new challenges are made to the laws and how they comply with constitutional protections. As a result, persons charged with DWI offenses in Minnesota have a number of viable defenses at their disposal and should ALWAYS consult with an attorney before entering any plea.

One of the major issues presently being litigated is whether Minnesota’s laws unconstitutionally coerce persons arrested to provide breath, blood or urine samples for alcohol testing. As many Minnesotans are aware, when a person is arrested for suspicion of drunk driving, they are read an implied consent advisory which is a short statement of their rights. That advisory informs the driver that they have a right to consult a lawyer before submitting to any testing. However, if they refuse to submit to breath, blood or urine testing, they can be charged with a criminal offense. In fact, the criminal offense charged, which is a refusal to test, often has more severe consequences than being charged with a DWI. Specifically, a refusal may turn a misdemeanor DWI into a gross misdemeanor refusal. The former carries with it up to 90 days in jail and a $1000 fine, where the latter may be punished by up to 1 year in jail and a $3000 fine. Moreover, the license revocation for most first offense DWI’s is generally 30 to 90 days. For a refusal, that revocation period is one year. » Read more: Are the DWI Laws Unconstitutional in 2008? – A Review of Minnesota’s Statute