Driving While Intoxicated (DWI) is a serious criminal offense in Texas, and the consequences can have lasting impacts on your freedom, finances, and future. If you or someone you know has been charged with a DWI in Ellis County, it’s critical to understand what penalties you may face and why working with an experienced criminal defense attorney like Heff Law, PLLC is essential to protecting your rights.
Texas DWI Laws: The Basics
Under Texas law, a person is considered legally intoxicated when their blood alcohol concentration (BAC) is 0.08% or higher, or if they do not have the normal use of mental or physical faculties due to alcohol or drugs. Texas has a zero-tolerance policy for underage drivers and enhanced penalties for higher BAC levels or repeat offenses. It is also important to note that Texas law applies to any motor vehicle, including boats and ATVs, and even includes controlled substance impairment.
Being charged with DWI in Texas activates both criminal and administrative penalties. Criminal penalties include jail time and fines, while administrative penalties may affect your driver’s license status, including automatic suspension.
First-Time DWI Offense
A first-time DWI is typically classified as a Class B misdemeanor, but penalties can increase depending on the circumstances. For instance, if your BAC is 0.15% or more, the charge may be enhanced to a Class A misdemeanor.
Penalties for a first-time DWI may include:
- Jail Time: 72 hours to 180 days
- Fines: Up to $2,000 (not including state surcharges and fees)
- License Suspension: 90 days to 1 year
- State Surcharge: Annual fees of up to $2,000 for three years
- Other Requirements: DWI education program, community service, and potential installation of an ignition interlock device
First-time offenders may also be eligible for probation, but this comes with conditions like alcohol education classes, community supervision, and court fees.
Second DWI Offense
A second DWI within a certain time frame is a Class A misdemeanor and carries stiffer penalties.
Penalties for a second DWI may include:
- Jail Time: 30 days to 1 year
- Fines: Up to $4,000
- License Suspension: 180 days to 2 years
- Ignition Interlock Device: Mandatory during the probationary period
- Other Requirements: Extended alcohol education courses, mandatory community service, and potential inpatient or outpatient treatment
A second conviction can significantly impact your professional life, insurance premiums, and criminal record.
Third or Subsequent DWI Offense
A third DWI is a third-degree felony and brings some of the harshest penalties under Texas law.
Penalties for a third or more DWI offense may include:
- Prison Sentence: 2 to 10 years
- Fines: Up to $10,000
- License Suspension: Up to 2 years
- Felony Record: Which may result in loss of voting rights, firearm ownership restrictions, and long-term employment difficulties
- Mandatory Supervision: Including substance abuse evaluation and treatment, plus interlock devices
Texas courts take repeat offenses very seriously, and prosecutors often push for maximum sentencing.
Enhanced DWI Charges and Penalties
Certain circumstances can increase the severity of a DWI charge, leading to enhanced penalties. These include:
- DWI with a Child Passenger (under 15 years old): This is a state jail felony, punishable by:
- 180 days to 2 years in state jail
- Fines up to $10,000
- Permanent criminal record
- Intoxication Assault: Causing serious bodily injury while driving under the influence is a third-degree felony.
- Intoxication Manslaughter: Causing death while intoxicated is a second-degree felony, punishable by:
- 2 to 20 years in prison
- Fines up to $10,000
- High BAC (0.15% or greater): Elevates the offense to a Class A misdemeanor, even for a first-time charge.
- Open Container in Vehicle: Increases penalties even further, often requiring additional jail time.
Administrative License Revocation (ALR) Process
When arrested for DWI in Texas, your driver’s license may be suspended through the Administrative License Revocation (ALR) process, which is separate from your criminal case. If you refuse or fail a breath or blood test the arresting officer can initiate an automatic suspension of your license.
You have 15 days from the date of arrest to request an ALR hearing. Failing to do so results in automatic license suspension. At Heff Law, PLLC, we can represent you during the ALR hearing to challenge the suspension and potentially preserve your driving privileges.
Collateral Consequences of a DWI Conviction
The consequences of a DWI in Texas extend far beyond fines and jail time. Additional impacts can include:
- Increased auto insurance premiums or cancellation of coverage
- Difficulty passing background checks for employment, housing, or loans
- Potential professional licensing issues for nurses, teachers, and commercial drivers
- Travel restrictions to certain countries (like Canada)
Why Local Representation Matters in Ellis County
Ellis County, with its central courthouse in Waxahachie and a network of municipal courts throughout the county, has its own procedures and nuances. Judges, prosecutors, and law enforcement officers in this area operate with local customs that vary from those in larger counties.
At Heff Law, PLLC, we are based right here in Ellis County. We understand how the local courts handle DWI cases, and we leverage that knowledge to build effective, customized defense strategies for our clients. Our firm is committed to protecting the rights of individuals in Waxahachie, Midlothian, Red Oak, Ennis, and surrounding communities.
How Heff Law, PLLC Can Help
At Heff Law, PLLC, we understand the stress and uncertainty that comes with a DWI arrest. Our approach includes:
- Reviewing the circumstances of your arrest for constitutional violations
- Challenging chemical test results and field sobriety tests
- Advocating for reduced charges or alternative sentencing
- Representing you at your ALR hearing and all court appearances
We fight aggressively to minimize the impact of a DWI charge on your life.
Call Today for a Free Consultation
If you’ve been charged with DWI in Ellis County, don’t wait to get the legal help you need. The sooner you involve a skilled defense attorney, the better your chances of protecting your record and future.
Call Heff Law, PLLC today at (214) 432-3529 to schedule your free and confidential consultation with an experienced Ellis County criminal defense attorney.