What are the limitations I have to face now that I got a DWI in Texas? 3 Answers as of April 15, 2011

I had a clean driving record, but I got a DWI for the first time on Tuesday. What are the actual limitations for this charge?

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The Law Offices of Dustan Neyland
The Law Offices of Dustan Neyland | Dustan Neyland
A person with a first time DWI that results in a conviction will likely receive probation. However the maximum range of punishment is up to 6 months in jail and up to a $2,000 fine. Keep in mind that if you are convicted or plead guilty, there will also be an annual surcharge for three years for you to keep a drivers license in the amount of $1,000 per year.
Answer Applies to: Texas
Replied: 4/15/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You do need to speak to a Criminal Defense Lawyer ASAP. If you did not give breathe or blood samples, your license will be suspended in 10 days, unless you file a request for an ALR. Time is not on your side. An ALR has multiple purposes, get evidence, keep your license longer and maybe not loose them at all, lock down the police officer's version of facts, etc.

I handle these types of cases in Collin County and would be happy to meet with you over the holidays. Otherwise, since this is the Christmas season and so many people are out for vacation, visiting family, etc. you need to start looking for a lawyer now.
Answer Applies to: Texas
Replied: 12/23/2010
Law Office of Jamie Balagia
Law Office of Jamie Balagia | Will Mitchell
I will attempt to provide a response tailored to a 1st DWI arrest and what potential consequences, both legal and collateral, that you may be facing.


A DWI 1st offense in Texas is a class B misdemeanor that carries a maximum punishment of 180 days in the county jail and a $2000 fine, or both. Additionally, a DWI 1st conviction could carry a 180 day drivers' license suspension and a minimum annual surcharge of $1000 for three consecutive years. A DWI 1st conviction also will cause a spike in automobile insurance rates for three years. Also, a first conviction will be on your criminal background maintained by the Department of Public Safety indefinitely. This means if you are ever arrested for another DWI in Texas or any other state, the subsequent charge will carry harsher punishment, and if convicted, the next case would be a felony.

Once arrested for DWI, you have 15 days to request a hearing before DPS to contest the suspension of your driver's license. If you refuse to provide a breath/blood sample, you will be exposed to a 180 day suspension, if you provided a sample greater that .08 then the suspension is 90 days. If you fail to request the hearing within the 15 days, the suspension will begin 40 days from the date you were arrested.
Answer Applies to: Texas
Replied: 12/23/2010
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