Nobody tries to get a DWI, but sometimes, people make mistakes. You may have felt okay to drive, until you saw the flashing lights in your rearview mirror. Now that you are charged with DWI, you may wonder what happens next. Here is what you need to know about being charged with a DWI in Texas.
What are the legal limits?
Anyone with a blood alcohol content (BAC) of .08 or more can be charged with DWI. According to the Texas Department of Transportation, people impaired by drugs or alcohol can be arrested for DWI, even if their BAC is below the legal limit.
You may lose your license
If you fail a breath test, the officer confiscates your license and gives you a temporary driving permit good for 40 days. Your license may not be immediately suspended after that time. Within 15 days after a DWI arrest, you can request an Administrative License Revocation hearing.
During the hearing, you present evidence in your defense. Based on the evidence presented, an administrative law judge decides whether your license will be revoked. You face a license suspension of 90 days up to a year, assuming it is your first offense.
You must go to criminal court
When charged with DWI, you also face criminal proceedings. For a first-time offense in Texas, you could go to jail for 3 days or up to six months. You may owe fines up to $2,000. You could also be required to pay additional fines of $1,000 to $2,000 to keep your license for up to three years.
However, these things only happen if you are convicted. A failed breathalyzer test does not guarantee a guilty verdict. An attorney examines the evidence in your case and looks for police errors. Perhaps the breathalyzer malfunctioned, or the officer did not conduct field sobriety tests correctly. An experienced attorney can uncover other holes in your case.
Before you resign yourself to an DWI conviction, consider contacting an attorney that can help you protect your future.