A DWI conviction in Texas can give rise to numerous criminal and administrative penalties, based on the facts of your case in addition to your previous criminal history. Life could get more difficult after being convicted with DWI; from getting employment to obtaining adequate housing. Regardless of whether you're a first-time offender or were previously convicted of DWI, the repercussions of DWI are severe.
What is a DWI in Texas?
Operating a motor vehicle in public while intoxicated is a violation of Texas law. However, intoxication is not restricted to alcohol only. There are conflicting meanings of being intoxicated according to Texas PC 49.01. The prosecution will only need to persuade a jury that you're guilty of either of the following to be charged with DWI:
- You were unable to use your usual physical or intellectual capacities because of the presence of alcohol, a drug, a restricted substance, a harmful drug, or other additional substances in your body
- You were found to have a BAC of more than .08 percent in your breath or blood
To put it another way, you could be charged with Driving While Intoxicated with drugs, alcohol, or a mix of the two. Anyone can be accused of DWI even if their blood alcohol concentration (BAC) was under the legal threshold or if they don't submit to a breath test at all. You could be charged with DWI when the prosecution can prove that your blood alcohol level was at .08 or higher, or when a substance you took caused you to drive recklessly.
Consequences of a DWI Conviction
A DWI charge, as with most felonies, includes criminal sanctions such as potential jail time as well as stiff penalties. A Texas DWI conviction, on the other hand, might also result in administrative consequences such as the suspension of the offender's driving rights. Lastly, you should be aware that when you have been convicted with DWI, there could be additional unforeseen repercussions.
Criminal Punishment
A DWI conviction in Texas entails a range of maximum punishments as per the law. The severity of the penalties increases with each previous DWI conviction. According to Texas law, the first two offenses are misdemeanors, but all future charges are considered felonies. The following are the potential penalties for every conviction:
DWI 1st Offense
If it's your first time being charged with DWI, it will be classified as a Class B misdemeanor. You could face a prison sentence of a maximum of 180 days as well as maximum fines of $2000. This crime is punishable by a compulsory three-day jail term.
If your blood alcohol concentration (BAC) was 0.15 percent or higher when you were driving, the violation is classified as a Class A misdemeanor. Therefore, it means you could face a one-year jail term and a potential fine of up to $4000 if you are convicted. Being convicted with a first offense might also potentially result in an additional charge for your license renewal cost. This could lead to a $2000 annual surcharge for the next three years.
DWI 2nd Offense
It is classified as a Class A misdemeanor if you have already been previous;y convicted of one DWI offense and are then charged with another. You might face a one-month to a one-year jail term as well as a potential fine of up to $4000. Even though your jail term is approved by a judge, there is also an obligatory three-day penalty for offenders whose previous offense happened over five years ago, as well as a compulsory five-day penalty for offenders whose first conviction was within the past five years.
DWI 3rd Offense
DWI offenses become felonies after the second offense. Being convicted with DWI for the third time will be considered a 3rd-degree felony. For a 3rd offense DWI, you might face a sentence of 2 to 10 years in the state prison system. You could also face fines of up to $10,000 if you are found guilty.
DWI 4th Offense
Getting four DWI convictions is regarded as a felony offense. This felony offense carries a maximum prison term of ten years in prison. A 4th DWI carries a maximum fine of $20,000 as well. The above maximums are the highest serious repercussions you could suffer in any of these circumstances. In many circumstances, offenders will face punishments that are less severe than these maximums. That's why finding a skilled DWI defense lawyer to be on your side is critical, as he or she could help you get the best possible outcome for your case.
Although these maximums represent worst-case scenarios, the sentencing will most likely be less than the maximum. If you have been charged with a DWI offense, your DWI defense lawyer will fight vigorously for the most favorable sentencing feasible.
Administrative Punishment
Along with the criminal repercussions of being convicted with a DWI, there are additional administrative ramifications that could, for example, limit your right to drive, have your license suspended, and face exorbitant costs among others. Administrative sanctions, like criminal consequences, become more severe with every additional previous DWI conviction on your criminal record.
DWI 1st Offense
In Texas, you will have your driving license suspended for one year if it is your first infraction. If you are qualified to get your license back, you must pay an additional $2,000 DWI license fee each year for three years so that you can have your privileges restored. This is on top of any other license-related fees or charges.
DWI 2nd Offense
A second DWI conviction will lead to a two-year suspended license. You may also be charged exorbitant fees to keep your driving permit after it has been restored to you. The annual charge is limited to up to $2,000 per year.
DWI 3rd Offense
If you receive a 3rd DWI, you could lose your driving permit for 3 years. To keep your license, you may be obliged to pay a fee of $2,000 each year for the next three years. You will be barred from owning a handgun and voting when you have been convicted of a DWI felony.
DWI 4th Offense
When you receive a 4th DWI, your driving license might be revoked for two years. There could be a yearly surcharge of $2,000 to keep your driving permit if your driving privileges are restored.
It is also likely that you'll be compelled to perform community service as well as undergo an alcohol and drug abuse assessment. You may also be obligated to enter rehabilitation for drugs or alcohol addiction. Furthermore, if you're a habitual offender, you may be required to undergo a court-ordered treatment program.
When you can drive again, you will need to install an ignition interlock device in your car. It's also likely that you'll be legally obliged to pay a monthly probationary fee and subject to random drug or alcohol testing.
Retaining a knowledgeable Texas DWI lawyer will offer you the greatest chance of receiving a hardship permit and lowering the consequences you could face when you are charged with DWI.
Collateral Consequences
A DWI offense conviction has far-reaching ramifications that go beyond the statutory penalties. Your work life, as well as your image among your friends or coworkers, can be impacted in several different ways. Among the most typical collateral repercussions of DWI convictions are listed below.
You Could Lose Your Job
You might end up losing your job if you are convicted of DWI. Once you have been sent to prison or jail, you could be fired if you skip too many working days. Many companies have a severe no-tolerance approach when it comes to DWI charges. While you are presumed innocent until you have been proven guilty by the court, your employer has the authority to fire you simply because you were convicted with DWI.
A DWI conviction can have ramifications beyond your present job. Employers routinely conduct background checks on potential employees, and you may have a difficult time finding one willing to ignore your past.
This is particularly true for those who work for the government, education, or in other positions where their "ethics" are scrutinized. When you lose your job, you lose your income, as well as your ability to pay bills, live a happy life, or care for yourself as well as your family. A DWI record could also make you unqualified for specific jobs or necessitate additional training and exemptions to obtain that kind of work. This can severely limit your alternatives or possibly jeopardize a long-term career plan.
You Might Find it Hard to Find Proper Housing
Criminal background investigations are performed by more than just employers. Before consenting to a tenancy, many prospective landlords will run a background check on you. Offenders who want to rent will encounter obstacles on top of the housing issues that come with not being successful in obtaining a mortgage. Most landlords are unwilling to lease to people who have criminal convictions on their records, which can severely limit the options open to you. Subsidized accommodation could be unavailable to persons on government aid.
Losing Your Professional License
To earn a decent living, most Texans depend on having a professional license. Most licensing agencies, however, have restrictions barring conduct such as being charged with a DWI. A Texas DWI conviction could have a significant negative impact on your capacity to get or keep a professional license. To practice in most professions, you must first obtain a professional license. They include, but aren't limited to the following:
- Lawyers
- Nurses
- Teachers
- Nurse Practitioners who have received certification
- Real estate agents or brokers
- Doctors
- Dentists
- Architects
- Engineers
- Accountants
- Public servants
- Pharmacists
- Veterinarians
- Commercial Drivers
There are also plenty of other professions that necessitate special licenses to continue to work in that industry. A DWI might result in a suspension or loss of a formerly held license, depending on the circumstances. If you were planning on applying for your professional license, this might make the procedure much more complicated, if not impossible in certain cases. You may also face an administrative hearing based on your license.
Security Clearances
Many positions, particularly those in the state or government, necessitate a specific level of security clearance. Thorough background checks are required for a security clearance, which will reveal and highlight any criminal records, whether they be felonies or misdemeanor charges. A DWI offense might make the qualification process more complicated or potentially preclude you from receiving a security clearance.
Not every security clearance will be rendered ineligible simply because of a DWI. It is very dependent on the sort of work you are seeking as well as the specific clearance requirements. A DWI charge, in any event, is inclined to throw a monkey wrench in the proceedings.
You might be required to justify your DWI charges, demonstrate that you haven't committed the crime again, or demonstrate that you've been free of conviction for a specified period. An expert DWI attorney can often help you to understand these criteria and how a DWI charge or plea will affect your capacity to seek for and acquire a required security clearance.
Your Custodial Rights Could be Affected
Whenever a court is called to decide on the custody of children, it will consider the people who are seeking custody to see if the children would be completely secure with them. The court shall evaluate your criminal past as a critical component of its decision. All DWI charges will be included in this. A DWI record does not automatically rule you out of custody, however, it may influence the court's decision. A DWI record will be taken into account by the court, but it will not automatically put a stop to your custodial request.
However, when the DWI reveals that a parent or guardian has an addiction problem, it may have a greater effect on the child custody matters. This could be due to an addiction to alcohol or a dependency on intoxicating substances. The court might look into it and place a lot of significance on it. A DWI conviction at the very least raises the possibility that you have an addiction problem, and the courts are reluctant to entrust the lives of children to addicts.
To ensure that this won't have an unfavorable impact on your custodial request, you must show that you don't have an alcohol or drug addiction issue, and if you had, you sought, underwent, and finished treatment. Evidence of continued therapy and extended periods of "clean" living can assist the court to relieve its concerns.
Getting a Loan
Being found guilty of an offense, such as a DWI, could make it much harder to obtain a loan. A criminal background will raise red flags when applying for a loan from the bank, payday loan company, or any other financial organization. Those that lend loans are mostly looking for someone who will repay them on time. An individual with any criminal background is considered a "risky" business than those with a spotless record. This might make your things more challenging when trying to acquire money, regardless of the nature of the loan.
Following a Texas DWI conviction, simply obtaining car financing might be hard. Most car loans use the car as security against that loan. Even though the individual never drinks and drives again, a motorist with a previous DWI conviction is going to be deemed a bigger risk to the vehicle. Most people cannot afford to buy a car altogether, and they must therefore take out loans to do just that. Any DWI record may make the process more difficult.
Another significant loan that a Texas DWI might have an impact on is a house mortgage. A mortgage is required when purchasing a home, but it might be tough to obtain one if you have a criminal record. You may have to pay higher interest rates if you do obtain a mortgage. Dealing with this could be challenging.
The Right to Vote
Your voting rights will not be affected by a misdemeanor DWI charge. A felony DWI charge, on the other hand, will. The voting rights are taken away from convicted felons. They aren't entitled to vote anymore till they have served a prison term, probation, parole, or have received a pardon. Even so, they cannot simply show up and vote; they need to re-register.
The loss of a constitutionally protected right will have a significant impact on you, particularly if you value voting and influencing how your country, as well as state, are represented. Whereas you could get it reinstated someday, it is crucial to remember that a DWI felony charge will result in it being forfeited for some time.
Your Right to Own a Firearm
Persons who are convicted of felony DWI lose their rights to possess or use any firearm according to federal law. If you have been charged with felony DWI, it'll become unlawful to have or use firearms, even when you already have them.
Find a DWI Defense Attorney Near Me
A DWI charge can have a wide range of potential consequences. This could have a significant influence on your everyday life, even though you may not face conventional consequences like fines, prison sentences, or a driving permit suspension. However, with the proper legal defenses, you could work to minimize the negative repercussions of a DWI conviction on your future. If you have a DWI charge in Fort Worth, Texas, our skilled attorneys at Fort Worth DWI Defense Lawyer can help you negotiate for lesser charges. Call us at 817-470-2128 to schedule an appointment today.
