Being arrested for DWI in Texas is challenging for anyone, but for commercial truck drivers, it could mean losing your CDL and livelihood. Professional CDL holders face additional penalties and complexities in defending DWI charges. Having an experienced Texas DWI lawyer is crucial. You deserve a fair chance at trying to fight the charge so you do not lose your job.

Enhanced Penalties

Texas has extra penalties for CDL holders convicted of DWI while operating any vehicle, even a personal one. These include automatic CDL suspension for one year for first offense and lifetime revocation for two or more DWIs. Jail time also increases compared to non-CDL drivers.

Being convicted of a DWI offense in Texas sets off a years-long chain reaction of additional penalties that can negatively impact your finances, career, and overall quality of life long after the conviction itself. Beyond potential jail time and immediate criminal consequences, a Texas DWI conviction initiates a sequence of burdensome costs, barriers, and suspensions that penalize you well into the future. A Texas lawyer can help you with your DWI conviction.

Lengthy License Suspension

Depending on the number of your prior DWI convictions and other case factors, a guilty verdict in Texas can result in the suspension of your driver’s license. Depending on the offense, this can last anywhere from 30 to 180 days. This suspension can have devastating ripple effects for those reliant on driving for work or family transportation. Missed shifts or losing jobs are common outcomes.

Skyrocketing Auto Insurance Rates

A DWI conviction represents a major red flag that will send your car insurance premiums soaring steeply. In Texas, annual insurance rates commonly escalate by anywhere from $1,000 up to over $2,500 per year for a minimum of three years following a DWI conviction. Those with multiple prior offenses often pay much higher premium hikes that last even longer.

The dangers of drunk driving have been well-established. The use of alcohol or drugs can significantly impact a person's ability to operate a vehicle safely, and a person who is intoxicated is much more likely to be involved in an accident that could result in serious injuries or fatalities. Because of these risks, anyone who is accused of operating a vehicle after using drugs or alcohol may face criminal charges for driving while intoxicated (DWI). In most cases, a first-time DWI will be charged as a misdemeanor, and while a variety of penalties will apply, a person usually will not face a lengthy prison sentence if they are convicted. However, there are some situations where a DWI arrest may result in felony charges, and a person may be sentenced to one year or more in prison.

What Constitutes a Felony DWI?

In Texas, the basic charge for driving while intoxicated is a Class B misdemeanor, although a charge may be elevated to a Class A misdemeanor if a person had a blood alcohol concentration (BAC) of .15 percent or more. A second DWI may also be charged as a Class A misdemeanor. Class B misdemeanors have a maximum sentence of six months in prison, and Class A misdemeanors have a maximum sentence of one year.

A DWI charge may be elevated to a felony in the following situations:

Drunk driving suspects are often asked to blow into a breath-testing device during traffic stops. The device measures the alcohol in the person’s breath which can be used to assess their intoxication level. According to Texas law, a driver with a blood alcohol concentration (BAC) of 0.08 percent or more is considered to be intoxicated and subject to prosecution for driving while intoxicated (DWI). Therefore, the results of breath tests heavily influence most DWI cases.

Many people are unaware that there are two different types of breath tests used by police officers in most states, including Texas. It is important to know how these breath tests can affect a DWI case and what to do if you were charged with drunk driving based on a breath test result.

Portable Breath Tests Are Preliminary Tests

When police suspect a person of driving under the influence of alcohol, they may require the person to complete field sobriety tests or a breath alcohol test—commonly referred to as a “breathalyzer.” Police must have “probable cause” to arrest someone, which means that the officer must be able to cite an objective reason why they believe the person committed a crime. The small, easily transported breathalyzers that most people are familiar with are preliminary breath tests. These tests have only one purpose: establishing probable cause.

Many people have heard the term “plea bargain” but do not know exactly what it means in the context of a Texas criminal case. Whether you or a loved one are facing charges for driving while intoxicated (DWI), intoxication assault, or another offense, it is important to understand what a plea bargain is and the advantages and disadvantages associated with plea bargains. There is no one-size-fits-all strategy that works for dealing with DWI charges. The best way to explore your legal options after a DWI arrest is to speak with an experienced, knowledgeable criminal defense lawyer.

What Exactly is a Plea Bargain?

When someone is charged, or formally accused, of a crime, they have the option to plead guilty or “no contest” or plead not guilty. If they plead not guilty, the case typically advances to trial where the defendant and prosecution are each given an opportunity to present evidence and arguments. The jury evaluates both sides, deliberates, and reaches a verdict.

Before the trial starts, the prosecution may offer reduced charges or a lighter sentence in exchange for a guilty plea. Essentially, the defendant agrees to plead guilty to an offense in exchange for some type of benefit. In many cases, taking a plea bargain or plea deal is in the defendant’s best interest.