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Are You a Victim of a Drunk Driving?

Houston Drunk Driving Defense Attorneys

Houston Drunk Driving Defense Attorneys

In the State of Texas, drunk driving charges can result in the loss of your driving privileges, fines, mandatory education classes, probation, and even jail time.

These consequences also leave a mark on your personal life and can result in family trouble and employment complications as you struggle with getting back and forth to work without a license, or, depending on your profession, are terminated upon being charged.

At the Nava Law Group, P.C., our Houston DUI attorneys focus on delivering results for our clients, so a DWI charge does not ruin their current quality of life or jeopardize their futures.

When is a Driver Considered Legally Drunk in Texas?

Drivers who are pulled over under the suspicion of drunk driving, or who are determined to be impaired when pulled over for another reason, are considered legally drunk under the following terms.

When their blood alcohol content, or BAC, is: 

  • .08 for non-commercial drivers ages 21 and over
  • .04 for commercial drivers, including school bus drivers
  • Any detectable amount of alcohol registered in drivers under the age of 21

Drunk driving charges are unique to the accused individual, as their age, BAC, and previous driving record or convictions will determine how the prosecutor prepares their case.

At the Nava Law Group, P.C., our drunk driving attorneys in Houston have extensive experience in negotiating with the State to reach lesser charges when our clients’ cases cannot be dismissed outright.

What Are the Penalties for Drunk Driving in Texas?

The penalties for drunk driving will depend on your unique circumstances and those that led to your arrest.

Your drunk driving record, when applicable, will dictate the penalties enforceable by Texas laws.

First time drunk driving offenders may face: 

  • Up to 180 days in jail
  • Fines up to $2,000
  • Both fines and jail time
  • Driver’s license suspension period of 90 days

Drunk driving offenders who commit a second DWI within five years of their first offense may face: 

  • Up to one year in jail
  • Fines up to $4,000
  • Both fines and jail time
  • Driver’s license suspension period of one year

Drunk driving offenders who commit a third DWI within five years of their prior offense may face: 

  • Two to ten years in prison
  • Fines up to $10,000
  • Both fines and jail time
  • Driver’s license suspension period of one year

Are There Circumstances That Lead to Additional Drunk Driving Penalties?

Some drunk driving charges are enhanced because of special circumstances.

Commercial drivers who commit a first DWI offense may face:

  • Disqualification from driving a commercial vehicle for one year when caught operating any vehicle
  • Disqualification from driving a commercial vehicle for three years when caught operating a commercial vehicle that is transporting hazardous materials

Commercial drivers who commit a second DWI offense may be disqualified from driving a commercial vehicle for life.

Other enhanced penalties apply when a drunk driver is operating a vehicle with a passenger aged 15 years or younger, and include:

  • 180 days to two years in prison
  • Fines up to $10,000

Can a Minor Be Charged with Drunk Driving in Texas?

Minors who are at least 18 years of age, but are under the age 21, who drive drunk can be changed with a DWI and will be required to pay the penalties associated with their arrests.

For a first time DWI offense, the minor can face:

  • Fines up to $500
  • Between 20 to 40 hours of community service related to alcohol education, prevention, or misuse
  • Driver’s license suspension period of 30 days

For a second time DWI offense, the minor can face:

  • Fines up to $500
  • Between 40 to 60 hours of community service related to alcohol education, prevention, or misuse
  • Driver’s license suspension period of 60 days

For a third time DWI offense, the minor can face:

  • Fines between $500 and $2000
  • Up to 180 days in jail
  • Both fines and jail time
  • Driver’s license suspension period of 180 days

Minors who drink and drive can seriously jeopardize their futures while putting other drivers at risk. Scholarships and financial aid can be revoked if they are convicted of drunk driving, which can end their collegiate career before graduation. That is why it is so important to hire an experienced Houston drunk driving attorney to ensure your legal strategy is designed to achieve the best outcome available for your unique circumstances.

Do I Have to Participate in a Blood or Breath Test if I am Pulled Over?

If you are pulled over and under suspicion of drunk driving, the officer may require you to take a blood alcohol test to determine your intoxication level.

  • Refusal of a blood alcohol test will result in an automatic suspension of your driver’s license for 180 days
  • If this is your second or third offense, and you are refusing to take a blood or breath test, your driver’s license will be automatically suspended for two years.

Do not plead guilty to drunk driving charges in Texas without speaking with an experienced DWI attorney first. The prosecutor’s office will work hard to get you to take a plea deal. We will work harder to get your charges decreased or dropped.

Contact Our Skilled Houston DUI Attorneys for a Free Consultation Today

Contact our skilled Harris County drunk driving attorneys at the Nava Law Group, P.C. today by calling (713) 661-9900 to learn how we will create a unique strategy for your case to achieve the best outcome available.

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