DWI / DUI


Fort Worth (Tarrant County) Attorneys & Defense Lawyers

Fort Worth DWI defense attorney Jayson Nag has extensive experience with DWI cases ranging from misdemeanors to felonies and DWI probation revocations. Call The Law Offices of Jayson Nag at 817-900-2823 today for a free consult.

The punishment for even your first DWI can be harsh, so it's important that you hire a good DWI Attorney to help defend you and your future.

In Texas, Driving While Intoxicated (DWI) means you—

Operate a Motor Vehicle

  • In a Public Place
  • With a Blood Alcohol Concentration of over 0.08 if you are over 21, 0.04 if you hold a Commercial Driver's License or if you have any detectable amount of alcohol if you are under the age of 21.

What many people don't know is that you can also be found guilty of DWI if you—

  • Operate a Motor Vehicle
  • In a Public Place
  • Without the normal use of your mental or physical faculties

What are the Penalties and potential Punishment for DWI in Texas?

First Offense

  • Up to a $2,000 fine.
  • Jail time between 3 days and 180 days.
  • Possible License suspension for up to 2 years.
  • Annual surcharge up to $2,000 for 3 years to keep your license.
  • DWI intervention or education program.
  • Possible ignition interlock device.

Second Offense

  • Up to a $4,000 fine.
  • Jail time up to 1 year.
  • License suspension up to 2 years.
  • Annual surcharge of up to $2,000 for 3 years to keep your license.
  • DWI intervention or education program.
  • Possible ignition interlock device.

Third Offense

  • Up to a $10,000 fine.
  • Prison time between 2 years and 10 years.
  • License suspension up to 2 years.
  • Annual surcharge of up to $2,000 for 3 years to keep your license.
  • DWI intervention or education program.
  • Possible ignition interlock device.

What is the Penalty and potential Punishment for DWI with a Child Passenger in Texas?

DWI with a child younger than 15 years old--

  • Up to a $10,000 fine.
  • Jail time up to 2 years.
  • License suspension for 180 days.

More Serious DWI Crimes

What is the Penalty and potential Punishment for Intoxication Assault in Texas?

You can be charged with intoxication assault if you cause serious bodily injury to another person while committing a DWI in Tarrant or Parker County.

  • Up to a $10,000 fine.
  • Jail time from 2 to 10 years.

What is the Penalty and potential Punishment Intoxication Manslaughter in Texas?

Intoxication manslaughter involves killing another human being while committing a DWI.

  • Up to a $10,000 fine.
  • Jail time from 2 to 20 years.

Commercial Drivers and DWI

If you're a CDL holder and you either refuse a breath or blood test or take one and have a BAC of 0.04% in your commercial vehicle or 0.08% or higher in any vehicle your CDL is disqualified for 1 year. If you drive a commercial vehicle placarded for hazardous materials, the penalty is 3 years.

What is an ALR?

All drivers in Texas are subject to implied consent, which means that if you drive, you've impliedly given your consent to a breath or blood test if law enforcement suspects you are driving while intoxicated.

If you refuse a blood or breath test, law enforcement can enforce an Administrative License Revocation (ALR), which is a license suspension on top of any suspension related to your DWI penalties.

  • Test refusals can lead to license suspension between 90 days and 2 years for adults.
  • You have 15 days to request a hearing to keep your license from being suspended, after which any hearing request will be denied.
  • If you don't request a hearing, your license suspension kicks in 40 days after the arrest. (Sometimes, missing or delayed paperwork is taken into consideration.)

What kind of DWI Programs are there in Tarrant County Texas?

DWI Education Program

The Texas DWI Education program is designed for first-time offenders who are receiving probation. The program focuses on how alcohol and drugs affect the body, mind, and driving abilities, teaches Texas DWI law, and counsels on substance abuse and dependency.

The course is 12 hours long, and drivers must complete it within 180 days of the date probation was granted.

The DWI program is available in Tarrant and Parker County.

DWI Intervention Program

The DWI Intervention Program is for repeat offenders―those who've had previous DWI offenses.

Intervention Program is more intensive and covers topics like lifestyle issues and self-esteem, alcoholism and chemical dependency, provides support groups and relapse prevention.

The course is 32 hours long, and if you fail to complete it, Texas will revoke your license until you do.

What is an Occupational License?

Sometimes called a restricted license or hardship license, an occupational license allows you to drive to and from certain locations while your license is suspended. Usually, these places include school, work, and trips related to essential household duties. You can drive no more than 12 hours in one day.

Do I need an SR-22 for an Occupational License in Texas?

Texas requires DWI offenders to file proof of financial responsibility, often called an SR-22 certificate. An SR-22 can be purchased through your existing insurance company or through a third-party company.

 

To set up a free consult with Fort Worth DWI Defense Attorney Jayson Nag call us at (817) 900-2823.