DWI Attorney in Angleton

A DWI charge in Texas can carry serious consequences, even for a first offense. A DWI accusation can involve both a criminal court case and a separate driver-license matter, so you don’t need to wait for a conviction to seek guidance. At BTR Law, our DWI attorneys provide criminal defense counsel while reviewing the traffic stop, arrest, testing, and court obligations involved in the case.

Call our office at (979) 316-7133 today to discuss the charge, driver-license deadlines, and next steps.

What Is Considered Legally Intoxicated in Texas?

Texas law defines intoxication as not having the normal use of mental or physical faculties because of alcohol, a drug, a dangerous drug, a controlled substance, or a combination of those substances. A person can face a DWI allegation based on claimed impairment, even when a blood or breath result is below the per se alcohol threshold.

In Texas, important alcohol-related thresholds include:

• Most drivers age 21 or older: A blood alcohol concentration, or BAC, of 0.08 or more is a statutory threshold for intoxication.
• Drivers under age 21: Texas has separate alcohol restrictions for minors, and any detectable amount of alcohol can support an underage drinking-and-driving allegation.
• Commercial drivers: A BAC of 0.04 or more can trigger commercial-driver consequences while operating a commercial motor vehicle.

Drunk Driving Penalties in Texas

Potential penalties for a DWI charge involving an adult can include:

• First offense: Generally a Class B misdemeanor, punishable by up to 180 days in jail, a fine of up to $2,000, and a minimum confinement period of 72 hours. The minimum increases to six days when the person had an open container of alcohol in their immediate possession.
• Alcohol concentration of 0.15 or more: A Class A misdemeanor under Texas Penal Code Section 49.04, punishable by up to one year in jail and a fine of up to $4,000.
• Second offense: Generally a Class A misdemeanor, punishable by 72 hours to one year in jail and a fine of up to $4,000.
• Third or subsequent offense: A felony allegation that can carry two to 10 years in prison and a fine of up to $10,000.

If a person is alleged to have driven while intoxicated with a passenger younger than 15 in the vehicle, the charge is a state jail felony under Texas Penal Code Section 49.045. It can carry 180 days to two years in a state jail facility and a fine of up to $10,000.

Separate from a DWI charge, underage drinking-and-driving allegations can involve:

• First offense: A fine of up to $500, 20 to 40 hours of community service, and a 60-day driver-license suspension.
• Second offense: A fine of up to $500, 40 to 60 hours of community service, and a 120-day driver-license suspension.
• Third or subsequent offense: Penalties that vary by age and prior history and can include a higher fine, jail time, and a longer driver-license suspension.

Depending on the charge and court orders, a case can also involve community supervision requirements, alcohol education or intervention programs, an ignition interlock device, and driver-license consequences.

Commercial-driver consequences can include:

• Criminal penalties: The penalties associated with the underlying DWI charge.
• First disqualification: A commercial driver’s license disqualification that can last at least one year.
• Hazardous materials transportation: A first disqualification can extend to at least three years when hazardous materials are involved.
• Subsequent violations: A lifetime commercial driver’s license disqualification may apply.

Administrative License Revocation After a DWI Arrest

An administrative license revocation is separate from the criminal DWI case. The Texas Department of Public Safety can pursue a driver-license suspension after an alleged refusal to provide a blood or breath specimen or a failed test, even while the criminal charge proceeds separately.

The deadline to request an administrative license revocation hearing depends on the notice and testing circumstances. Some DPS notices require a hearing request within 15 days, while certain mailed suspension notices allow 20 days. If no request is made by the applicable deadline, a suspension can take effect through the DPS process. Commercial-driver disqualification and occupational-license questions can create additional issues for some drivers.

Evidence & Procedure in a Texas DWI Case

A DWI lawyer can review the specific records and procedures behind an accusation. Relevant questions may involve the reason for the traffic stop, the legal basis for the detention or arrest, officer observations, field sobriety tests, and statements attributed to the driver.

Blood and breath testing also require close review. The handling of a sample, chain of custody, test documentation, testing equipment, body-camera footage, and whether applicable procedures were followed can all matter when evaluating the reliability and admissibility of evidence. The relevant issues depend on the facts and procedural history of each case.

DWI Defense Counsel in Angleton & Brazoria County

We handle DWI and other criminal defense matters for clients in Angleton and throughout Brazoria County. Established in 2010 by Brooks Bass, Shannon Tigner, and Patton Ritter, our firm brings nearly 100 years of combined legal experience across our practices.

Our attorneys provide client-centered representation supported by investigators and administrative staff. Clients receive guidance on the charge, driver-license concerns, and court process.

Call our office directly at (979) 316-7133 or complete our online form to schedule your DWI consultation.