What Happens If You Are Charged With Driving While Intoxicated (DWI) in Harris County, Texas?

If you have been charged with DWI in Harris County, Texas it is important that you know your rights and the different variations of this particular charge. In Short, DWI in Harris County, Texas can be charged as a Class B Misdemeanor, a Class A Misdemeanor, a State Jail Felony, or a Third Degree Felony depending on the facts in your case. This article is designed to provide a basic understanding of DWI in the State of Texas.

In Texas, What Is Considered a DWI?

Pursuant to the Texas Penal Code § 49.04, a person is considered legally intoxicated and can be charged with DWI if they:

• Have a blood alcohol concentration (BAC) equal to or greater than 0.08%, or
• Do not have the normal use of mental or physical faculties to operate a motor vehicle due to the use of alcohol, drugs, or a combination of both.

Additionally, it is important to note that you can be arrested for DWI even if your BAC is below 0.08%. However, the arresting officer would need to believe and articulate in his report that your abilities to operate a motor vehicle were impaired at the time of arrest.

DWI – First-Time Offenders

For your first DWI in Harris County, Texas it is typically charged as a Class B misdemeanor. What does this mean? It means you may face the following consequences if convicted:

• Up to 180 days in jail
• A fine of up to $2,000
• Driver’s license suspension for up to one year
• Mandatory DWI education program
• Possible installation of an ignition interlock device

However, if your BAC was equal to or greater than 0.15%, the charge may be enhanced to a Class A misdemeanor. This means the charge may carry greater penalties if convicted.

If I’m Arrested for DWI in Harris County, Texas, What Happens Once I’m Arrested?

If you’re arrested for DWI in Harris County, you will be taken to jail. While being booked in you will be asked to submit a breath or blood sample. If you refuse, the arresting officer can apply for a “blood warrant.” If approved by a magistrate or a judge the arresting officer can seize a sample of your blood. Under Texas’s “Implied Consent” laws, if you refuse, your license could be automatically suspended. Additionally, your Driver’s License may be suspended through an Administrative License Revocation (ALR) hearing. Once you are processed you will receive a court date.

If you are arrested for DWI in Harris County, Texas it is important that you exercise your rights. Specifically, you should remain silent and request an attorney before answering any questions.

If You Have Been Arrested for DWI in Harris County, Texas, It Is Important to Hire an Experienced DWI Attorney.

An experienced attorney will thoroughly evaluate your case and determine the following:

1. Was the initial traffic stop lawful?
2. Is the breath or blood test accurate?
3. Is the Officer credible?

If You Have Been Arrested for DWI in Harris County, Texas It Is Important That You Contact Surginer Stewart PLLC Immediately to Discuss Your Case and Your Options Moving Forward

Unfortunately, time is not on your side. However, once our office is on your case we can begin working on the matter immediately. We can provide you with greater insight into your case and what options you have moving forward.

This blog is for informational purposes only and does not constitute legal advice. Every case is unique. Please contact our office for legal guidance specific to your situation.