Receiving a DWI can be scary and confusing, it is normal to be worried about what is going to happen next with your DWI case. At Granger and Mueller, we have been representing clients in these criminal legal matters since 1993 across Travis County.
What is BAC, and What is the Limit?
In Texas, if an individual has a blood alcohol concentration (BAC) of .08 or higher, they can be arrested and charged with driving while intoxicated (DWI). BAC measures the amount of alcohol in a person’s blood at the time of the breathalyzer, blood test, or urine test. However, a person can still be deemed legally intoxicated if they are impaired by illegal drugs or alcohol, regardless of their BAC level.
Can I Refuse a Breathalyzer Test?
Under Texas law, if a police officer stops you and asks you to take a breathalyzer test, you are obligated to comply. When you obtain a driver's license in Texas, you automatically agree to take a breathalyzer test if you are requested to by a law enforcement officer. This agreement is known as ‘implied consent.’
Nevertheless, you do have the option to decline the breathalyzer test. However, there are significant consequences associated with doing so. If you refuse to take the breathalyzer test, your driver's license will be automatically suspended for 180 days due to the ‘implied consent’ law. Moreover, you will have to participate in a civil proceeding that could result in your license being revoked completely. If your license is suspended, you can request an administrative license revocation (ALR) hearing to contest the suspension. However, you must request an ALR within a specific number of days, usually 15 or fewer.
Anexperienced attorney can employ the ALR process to obtain information about the DWI charge. During the process, police reports and witness statements are revealed. There may also be an opportunity to question the arresting officer, which can provide further evidence to support your case.
What is the Penalty for a DWI?
An individual can receive various penalties, including fines, imprisonment, and license suspension. If an officer discovers an open container of alcohol in a vehicle, the driver can be fined up to $500. Penalties can be more severe depending on the facts of the case. For example, if a child is in the car while the individual is driving under the influence, the driver may be charged with felony child endangerment. Here is a breakdown of DWI penalties:
- First DWI Offense - A fine of up to $2,000, three-180 days in jail, and loss of driver's license for up to a year.
- Second DWI Offense - A fine of up to $4,000, one month to a year in jail, and loss of a driver's license for up to two years.
- Third DWI Offense - A $10,000 fine, two to ten years in prison, and loss of driver's license.
With an experienced and talented attorney on your side, we can fight for the most lenient sentence possible.
Granger and Mueller Can Help Today if Facing a TX DWI Charge
If you or someone you know is facing a DWI charge, it is essential that you seek the guidance of a skilled and talented DWI attorney. At Granger and Mueller Law Firm, we understand that everyone makes mistakes and also the seriousness of the charges you may be facing. We are here to protect you from the potential impact a DWI could have on your life. Contact us today at 512-474-9999 to schedule a consultation and let us help you obtain the best possible outcome for your case.