Texas Penal Code § 49.04 specifies that Driving While Intoxicated means you are “intoxicated while operating a motor vehicle in a public place.” Intoxication means that you don’t have standard control of your mental or physical faculties due to drug or alcohol consumption.
Penalties for a DWI or DUI depend on whether you have any prior offenses, your blood alcohol concentration, and whether anyone was injured or property was harmed. However, any DWI conviction can involve a fine, driver's license suspension, jail time, probation, and a permanent criminal record. Additionally, there are longer-term consequences, including a 30% to 90% increase in your car insurance premiums, loss of specific professional licenses, and difficulty passing background checks.
First Offense
First-time DWI convictions can carry penalties of up to a year in jail, up to a $2,000 fine, license suspension, and a conviction that remains on your record for life. Penalties increase if you have a criminal record or if the incident involves an aggravating factor.
Fortunately, our success rate in challenging first-time DWIs is exceptionally high – the majority of our clients end up with dismissals, plea deals, or deferred adjudication (which is basically probation without a conviction).
Additionally, if your case is handled well, you can have your record sealed and deleted for a first-time DWI.
But you need an attorney who knows the game and its key players.
Second Offense
A second DWI is more severe than the first. In Galveston, the second DWI offense is a Class A misdemeanor with a $4,000 fine and a maximum jail sentence of one year. A conviction is permanent and requires a minimum three-day jail sentence, even if you get probation. Probation can last up to 24 months.
Deferred adjudication is not an option for a second DWI offense.
You need an attorney who is going to fight hard. The only ways out are acquittal or dismissal.
3rd+ Offense
A third DWI is a felony and can result in up to ten years in a Texas Department of Criminal Justice prison. The minimum sentence is ten days in jail, and fines can be as high as $10,000.
Even if a conviction for one of your prior DWIs was deferred and you only have one conviction on your record, you can still be charged with 3rd+ DWI.
Third DWIs can be beaten, but it will require more legwork. You will need an experienced attorney who will review every detail of your case and craft an aggressive defense. At Michael & Associates, our experienced team will guide you through every step of the process to achieve the best possible outcome.
Additional DWI Charges and Enhancements
Additionally, there are what are known as DWI enhancements – aggravating factors that result in more severe penalties. They include:
- DWI .15+: This charge happens if your testing shows a blood alcohol concentration of .15 or higher. It’s a Class A misdemeanor.
- DWI with an open container: This happens if you are pulled over with an open container of alcohol. Convictions require a minimum six-day jail sentence.
- DWI with a child passenger: A DWI with a child under the age of 15 in the vehicle is a felony and can result in a prison sentence of up to 24 months.
What Are the Actual Outcomes and Penalties of DWI Charges?
The first thing to understand about a DWI charge is the case outcome. Most cases don’t go to trial — instead, an outcome is typically negotiated with the prosecutor.
Options can include:
- Deferred adjudication
- Probation
- Reduced charges
- Participation in a pretrial diversion program
Will I Lose My Driver's License After a DWI?
In addition to DWI’s criminal penalties, you could lose your driving privileges.
Unless you request an Administrative License Revocation (ALR) hearing within 15 days of your arrest, the Texas Department of Public Safety will automatically suspend your driver’s license about 40 days after your arrest. And if you lose that hearing, your license will still be suspended.
Typically, the suspension is between 90 and 180 days. If you have a commercial driver’s license, it is likely to be longer.
Other Consequences of a DWI
- Employer background checks: A DWI conviction will go on your permanent record and show on any employer background check. Employers can refuse to hire you based on this.
- Commercial Driver’s License restrictions: You may lose the ability to drive for a living.
- Gun ownership: A felony DWI conviction in Galveston will prevent you from being able to own a firearm. Additionally, some probation requirements might restrict gun ownership.
- Cost of Ignition Interlock Devices: Probation may require you to purchase a device that makes you blow into a breathalyzer in order to start your car.
The bottom line is that a DWI conviction is expensive. So again, whether you hire us or someone else, make sure you hire the best attorney that you can afford.
Do I Need to Hire a DWI Attorney?
The data is clear: a strong defense attorney with experience fighting DWIs will almost always get you a better outcome.
If it’s your second or third DWI, or your DWI comes with enhanced charges, you’d be a fool not to hire an attorney. The financial cost of a DWI conviction can top $10,000, but when you factor in the potential loss of employment, loss of driving privileges, jail time, criminal record, and even insurance, an experienced DWI attorney is a bargain.
Now isn’t the time to skimp on costs.
Why Choose Michael & Associates for Your Galveston DWI Defense
Although we have a large team of attorneys across Texas, each of our lawyers is hyper-focused on a handful of jurisdictions. This helps them get to know the key players and likely case outcomes, which in turn helps us negotiate more effectively.
Brett Landriault serves our DWI clients in Galveston County, where he has deep ties to the community. His experience as a former Galveston County prosecutor helps him view your case from all possible angles.
However, you're also getting the full support of our entire Texas team, which includes DWI scientists, former law enforcement officers, judges, magistrates, and even a former FBI agent. We have daily meetings to discuss case approaches. Our firm's founder, Ben Michael, is always personally involved with every case.
You're also getting:
- Free, confidential case evaluation: Our team will immediately review your case and give you a realistic assessment.
- Local knowledge: We have extensive experience working with Galveston County courts, prosecutors, judges, and plea trends.
- Aggressive defense strategies: Our DWI scientists can challenge your BAC testing, and we'll investigate potential officer conduct, the accuracy of any field sobriety tests, and illegal stops/searches to identify weaknesses.
- ALR hearing representation: We’ll represent you at your Administrative License Revocation hearing to protect your driver’s license (you don't even need to attend) and, if necessary, help you obtain an Occupational Driver’s License.
- Clear communication: One of our senior trial attorneys will review your options, likely outcomes, and costs every step of the way.
- Decades of experience: Our team has handled DWI cases across Texas, including right here in Galveston County.
- Proven track record: Many of our clients have seen charges dismissed or reduced, and our Google reviews speak for themselves.
- Personalized attention: You work directly with a senior trial attorney. We never hand off clients to junior associates.
- Complete case management: We track all filing deadlines, motions, and hearings to ensure nothing is missed, and we send you text reminders of important dates.
- Transparent fees and our total commitment: We understand cost is a big worry, so there’s no nickel-and-diming. Our focus is on protecting your driving privileges, reputation, and freedom.
