When an individual is pulled over and given a field sobriety or chemical test to determine their sobriety, they are often overwhelmed with feelings of panic and fear. DWI (commonly referred to as "DUI") is a serious crime that carries the stigma of being one of the most aggressively punished offenses in the Texas Judicial System. For individuals facing these charges, acquiring the legal representation of a knowledgeable defense attorney in Travis County is of extreme importance.
First DWI Arrest Lawyer in Austin TX
If you have been arrested for driving while intoxicated for the first time, it is understandable for you to be extremely concerned with your future. The best way to ease those concerns is to hire a qualified Texas DUI lawyer who can fight for you.
Kevin Bennett of The Law Office of Kevin Bennett tenaciously represents clients in Travis County, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas. Call (512) 476-4626 to schedule a consultation about your charges. Your initial consultation is free, and it is the first step in the defense planning process.
Information on Texas Penalties for First Time DWI Convictions
- Laws Regarding a First DWI in Texas
- Chemical Testing and Implied Consent According to Tex. Trans. Code Ann § 724.011
- Penalties for a First DWI Conviction in Austin
Anytime an individual is found to be in actual physical control of a vehicle in a public place while intoxicated, he or she can be charged with DWI. Tex. Pen. Code Ann. Section 49.01 defines intoxicated as being unable to control your mental or physical faculties in a normal way, due to the consumption of drugs, alcohol, or any combination of the two or having a blood alcohol concentration of 0.08 or more.
When a law enforcement official suspects that an individual is driving under the influence of drugs or alcohol, he or she will usually ask the individual to submit to a chemical test. The most commonly used tests include the blood, breath, and urine tests.
Implied consent laws are laid out under section 724.011 of the Texas Transportation Code Ann.. These laws state that anyone who accepts the privilege of operating a motor vehicle in Texas, has given their implied consent to submit to a chemical test, at the request of a law enforcement official, for the purpose of determining their sobriety.
If an individual submits to a chemical test and his or her blood alcohol content (BAC) is measured at or above .08, he or she will automatically be arrested for driving while intoxicated. If the defendant refused to submit to a chemical test, they face a driver’s license suspension for a minimum of 180 days.
A first time offender of this crime will be charge with a Class B misdemeanor, and if not given probation, be ordered to serve at least 72 hours in jail. If the offender had an open container of alcohol in his or her immediate possession, the minimum jail sentenced will be increased to six days. A first time conviction also carries DPS surcharges of $1,000 to $2,000 to maintain a driver’s license.
The charges for first time drunk driving can be enhanced to a Class A misdemeanor if a chemical test showed the defendant’s BAC was 0.15 or higher. This could result in between 30 days to a year in jail, the loss of driving privileges for up to two years, and/or a fine of up to $4,000. A first time conviction with a BAC of 0.15 or higher also carries driver’s license surcharges of $1,000 to $2,000.
DUI Attorney Fighting to Preserve Your Driving Privileges in Austin
Kevin Bennett is an experienced defense lawyer who is prepared to fight for individuals who have been charged with their first DWI in Austin, Lago Vista, Travis County, Lakeway, Pflugerville, and the surrounding areas. In order to put yourself in the best position to maintain your freedom, contact The Law Office of Kevin Bennett today, and let Kevin Bennett fight for you.
Call (512) 476-4626 to schedule a consultation about the details surrounding your first time DUI charges. Your initial consultation is free, and it is the first step in fighting to maintain your driving privileges.