If a person is charged with a DWI (driving while intoxicated) in the state of Texas there are several things that need to be considered. Any charges filed against an individual should be taken very seriously as a DWI in Texas can have long-term consequences affecting an individual for the rest of their life. Keep in mind that having been arrested does not necessarily make an individual guilty.

The first step taken should be to hire an attorney who specializes in DWI defense. An experienced attorney defending this type of case can make a big difference in the final outcome. Most attorneys will offer a free consultation and review of the case.

At the time of arrest, an arresting officer will administer a Field Sobriety Test to determine if a person has been driving under the influence. The individual must submit to an alcohol screening test by giving a sample of blood, urine or by doing a breath test to determine the Blood Alcohol Content (BAC). The legal limit in all U.S. states is .08. Some states implement zero tolerance laws for individuals under the age of 21 and can arrest those individuals for a BAC of less than .08 Depending on the circumstances and outcome of the BAC, the arresting officer can take the individual into custody until they are sober, and their car may be impounded.

An administrative hearing to review the reason surrounding the arrest is set up with the individual’s attorney. During this hearing, an individual’s license may be suspended. A trial date is scheduled and a judge or jury will decide what punishment to implement. A sentencing will determine what the fines will be and how long the license suspension will be. It also determines if community service will be required or if the individual needs to attend a drug and alcohol program. In special circumstances, installation of an ignition interlock device on the person’s car can prevent the engine from starting in the event any alcohol has been consumed.

After the court conviction, the insurance company now considers the individual a “high-risk driver”. Insurance rates are increased, or the policy canceled. An SR-22 is a Proof of Insurance Certificate. It is a requirement for the Texas Department of Motor Vehicles if an individual has been convicted of a DWI. Having an SR-22 will remove the license suspension as it provides the state with proof that the individual is still insured. Not all insurance companies provide an SR-22 and it is the individual’s responsibility to find out if their insurance company will provide one. If the insurance company does not provide an SR-22, it will be necessary to find a company that will.

A first offense is very expensive. Costs range between $9,000 and $24,000 for an arrest and conviction in the state of Texas. A DWI in Texas can simply be avoided by not driving a vehicle after drinking or using any kind of drugs. If you are arrested, it is important to hire a criminal defense attorney.

Author Bio: Christine Dunbar writes about a variety of legal topics. Visit DWI Help in Houston for more resources. The information above is not legal advice – we are not attorneys.

Category: Legal
Keywords: dwi, dui