Austin DWI/DUI Attorney

IMPORTANT NOTE

A DUI/DWI charge involves two separate proceedings: a civil case affecting your ability to drive a motor vehicle and criminal case affecting your freedom and criminal record. My office can defend you in both proceedings. Upon a DWI/DUI arrest, you only have 15 days to request an administrative hearing to try to prevent your driver's license from being suspended by the Department of Public Safety. If at the hearing it is ordered that your license be suspended, we will work to help you get an occupational license. This occupational license allows you to driving to and from work, school and other approved activities.

Introduction to DWI/DUI Law in Texas

For many people, a DWI is their first arrest and criminal charge (or a DUI if they’re under 21 and not legally intoxicated). A DWI can result in serious consequences, including jail time, fines, surcharges, community service, and a loss of driving privileges. In addition, a DWI conviction on a persons driving record can cause their motor vehicle insurance premiums to drastically increase, or cost them their insurance all together.

As an Austin DWI defense firm, the Law Office of Kevin Bennett will work hard to defend your rights and driving privileges both in court and before the Department of Public Safety (DPS). We’ll take your case to trial if necessary to avoid a DWI conviction. We will also help you get your driving record and criminal record expunged when that’s possible.

DWI Law in Texas: Texas Penal Code Section 49.04

Texas Penal Code, § 49.04.  DRIVING WHILE INTOXICATED.

        (a)  A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
        (b)  Except as provided by Subsection (c) and § 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
        (c)  If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

What is DWI/DUI Law in Texas?

The charge of driving while intoxicated (DWI) is made when a person is determined to have a blood alcohol concentration (BAC) of .08 or more while driving a motor vehicle and/or is intoxicated by the loss of his/her normal use of mental or physical faculties by the introduction of alcohol or drugs or a combination of alcohol and drugs. Several sobriety tests can be used to determine if that level has been reached, but the timing and type of test can greatly influence the results and can lead to innocent people being charged with DWI. 

The charge of driving under the influence (DUI) is made when people under the age of 21 (minor) drive while under the influence of alcohol.   A DUI is committed when a person 20 years or younger operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system.   Therefore, someone 18 or older can be prosecuted as an adult for DWI if intoxicated or a DUI if only impaired.  If under 18, you can still be prosecuted for DUI, although Texas law prohibits the prosecution and conviction of juveniles for many offenses, legislature has made special exceptions to prosecute juveniles who drink alcohol and drive.

What to do if you’ve been charged with DWI / DUI?

If you’ve been arrested and charged with drunk driving or driving under the influence, you’re facing civil and criminal charges. Call the Law Office of Kevin Bennett right away – you have only 15 days in which to request an Administrative License Hearing (ALR) to try to prevent your driver’s license from being suspended by the Department of Public Safety and to develop your defense in the criminal proceeding.

If your license is suspended, Kevin Bennett can help you get an occupational drivers license (ODL) if you qualify, so you can continue to drive to and from work and other approved activities.

Punishment in a Texas DWI Case

Texas provides the following penalties for DWI convictions, which may vary depending on the facts of your case, prior convictions, and unique circumstances of your case:

First DWI Conviction: is a Class B Misdemeanor that carries a fine not to exceed $2,000, 72 hours to 180 days in county jail, the loss of driving privileges for up to a year, and an annual fee of $1,000 or $2,000 for three years to retain your driver’s license.  If a first time DWI offender receives probation, instead of jail time, there will be enhanced terms and conditions.

Second DWI Conviction: is a Class A Misdemeanor that carries a fine not to exceed $4,000, 30 days to 1 year in county jail, the loss of driving privileges for up to 2 years, and an annual fee of $1,500 to $2,000 for three years to retain your driver’s license. If a second time DWI offender receives probation, instead of jail time, there will be enhanced terms and conditions.

Third DWI Conviction: is a Third Degree Felony that carries a fine not to exceed $10,000, 2 to 10 years in prison, the loss of driving privileges for up to 2 years, and an annual fee of up to $2,000 for three years to retain your driver’s license. If a third time DWI offender receives probation, instead of jail time, there will be enhanced terms and conditions.

Punishment in a Texas DUI Case

First and Subsequent DUI Convictions: A first time DUI conviction is a Class C Misdemeanor. It carries with it a fine that is not to exceed $500.00. It is important to note that if an individual charged with a DUI has 2 prior convictions for DUI, the punishment goes up dramatically. The fine for an individual with 2 previous convictions is not less than $500.00 and not more than $2,000.00. In addition, a judge may give that individual a jail sentence of up to 6 months.

In addition to fines and possible jail time, the Department of Public Safety will suspend an individual's license.