Dallas DWI Lawyer

Other DWI-related Offenses

Intoxication Assault: Third degree Felony:

A person can be convicted of this offense if it is shown that the person, by accident or mistake, while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another.

Fine: A fine not to exceed $10,000.00.
Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 years nor more than ten (10) years.

Intoxication Manslaughter: Second Degree Felony:

A person can be convicted of this offence if it is shown that the person operated a motor vehicle in a public place, was intoxicated and by reason of that intoxication caused the death of another by accident or mistake.

Fine: A fine not to exceed $10,000.00.
Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 years nor more than twenty (20) years.

DWI Surcharge

In addition to fines, court costs and punishments discussed above, the Texas legislature has now imposed a "surcharge" for persons arrested and convicted of DWI on or after September 1, 2003. The surcharge will be assessed as follows:

DWI-Breath/Blood Test Refused $1,000 per year for 3 years=$3,000
DWI-Breath/Blood Test < 0.16 $1,000 per year for 3 years=$3,000
DWI-Repeat Offender $1,500 per year for 3 years=$4,500
DWI-Breath/Blood Test Result > 0.16 $2,000 per year for 3 years=$6,000

Administrative License Revocation / Suspension (ALR)

Not only does a DWI arrest result in a criminal charge, it also initiates a civil proceeding against the arrested motorist's driving privileges called an administrative license revocation, or ALR. An ALR suspension is initiated against an arrested driver when he or she either refuses to submit to breath or blood testing, or fails a breath or blood test. This results from the Texas implied consent statute. This law essentially states that any person who operates a motor vehicle on Texas roadways has impliedly consented to provide a specimen of breath or blood if arrested for DWI and provided with the applicable consequences of refusing to submit. Essentially, if you have been arrested for DWI or DUI in Texas, your driver’s license may be automatically suspended unless a special administrative hearing is requested within 15 days. If you don’t request a hearing then you lose the right to fight the suspension, and your license will be suspended. It is important that you hire an experienced Dallas DWI attorney to represent you.

When making an arrest for DWI, officers are required to take possession of any driver's license issued by the state of Texas held by the person arrested and issue the person a temporary driving permit that expires in forty-one days. However, a proper request for a hearing to challenge the proposed suspension will delay any ALR sanctions until a hearing takes place. An ALR suspension is automatically occurs unless you request a hearing to challenge the suspension. You (or your Dallas DWI lawyer) must make this request in writing within fifteen days after receiving notice of suspension. If a hearing is not timely requested, the suspension will automatically begin on the forty-first (41st) day after notice was received. If a hearing is requested, no action can be taken regarding suspension until after the hearing has taken place.

Once a driver or his attorney has made a timely request for an ALR hearing, no suspension may be imposed against the driver until the Department of Public Safety proves the following by a preponderance of the evidence:

That there was reasonable suspicion to stop or probable cause to arrest the driver,
That probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public place while intoxicated,
That the driver was placed under arrest and was offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test, AND
That the driver refused to give a specimen on request of the officer, OR, that the driver failed a breath or blood test by registering an alcohol concentration of .08 or greater per 100ml of blood or 210 liters of breath.

In addition to protecting your driving privileges, there is another equally important reason to request an ALR hearing. An ALR hearing helps to better defend you against the DWI charge later in court. First, with the assistance of a knowledgeable and skilled Dallas DWI lawyer you may be able to avoid a suspension of their driving privileges. Secondly, the ALR hearing provides your attorney with an opportunity to use the ALR hearing to learn more about how to best defend your DWI charge. The information obtained at the ALR hearing is very valuable to your defense and is often the deciding factor in determining whether the related DWI charges can be successfully defended against.

It can be very difficult to challenge the evidence on your own. Don’t risk losing your driving privileges. Every case is unique and requires a strong defense. The Dallas DWI Lawyers at the Law Offices of Dallas Criminal Attorney can help you keep your license and protect your freedom. If you, a friend, family member, or loved one has been, or may be, accused of DWI or any other alcohol-related crime we will help you understand the charges, possible defenses, the legal system, and your rights. Contact us today for a free initial consultation. We have the skill, knowledge, and experience to help.