When Will You Be Charged With Driving While Intoxicated (DWI)?
In Texas, if you are driving a motor vehicle you can be charged with Driving While Intoxicated (DWI) if you have a blood alcohol content (BAC) of 0.08% or greater, or if any amount of drugs or alcohol have impaired the normal use of your physical or mental faculties. With stringent standards such as these, even one drink can put a driver over the legal limit.
However even if you consented to a BAC test and the results exceeded the legal limit, you are not automatically guilty of DWI. The state has the burden of proving your guilt in a court of law. If you have been charged with DWI in San Antonio, don’t wait, contact one of the experienced DWI attorneys at Khattar Law, PC for representation right away.
Will My License Automatically Be Revoked Following A DWI Charge?
When you are arrested for DWI in Texas, your driver’s license is administratively suspended unless you request a license suspension hearing within 15 days. If a hearing is not requested, the suspension takes effect on the 40th day following your arrest. If you consent to a blood test, however, any license revocation will be tolled until the results of the test are received by the state.
If these results demonstrate a BAC exceeding the legal limit, you have 20 days from the date the suspension notice is mailed to request a hearing. One of our experienced DWI lawyers can represent you at this administrative hearing.
What Are the Penalties for DWI?
In Texas, the penalties for a DWI conviction are severe. The maximum penalties as prescribed by state statute are laid out below:
First offense
- Fine not to exceed $2,000.
- Up to 180 days incarceration, with three mandatory days.
- Revocation of driver license up to one year.
Second offense
- Fine not to exceed $4,000.
- Up to one year incarceration.
- Revocation of driver license up to two years.
Third offense
- Fine not to exceed $10,000.
- Up to 10 years incarceration.
- Revocation of driver license up to two years.
These penalties, coupled with the prospect of additional fines and court costs, probation, court-ordered substance abuse treatment, court-ordered installation of an ignition interlock device, and a permanent criminal record leave little doubt about the serious risks posed by a DWI charge.
DWI Defenses
Following an arrest for DWI, you may feel hopeless about your case, but an experienced DWI attorney can mount a number of defenses to these charges including:
- Errors or mishandling of the BAC test or breathalyzer
- Law enforcement lacked reasonable suspicion for the stop itself
- Law enforcement lacked probable cause for the arrest
- Officer failed to advise you of your legal rights at time of arrest
Every case is different, but don’t give up hope. There are legitimate avenues for challenging a DWI charge in San Antonio. However, time is of the essence. Contact one of our experienced San Antonio DWI attorneys at Khattar Law, P.C. and schedule your consultation today. Dial 210-923-1234 and fill out our contact form.