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Common Myths About DWIs

May 5, 2022

DUI Law Title on a book and gavelEverything’s bigger in Texas, including the number of DWIs and drunk driving accidents that occur each year. In fact, despite a two-month lockdown in 2020—when life in the Lone Star State came to a virtual standstill—the number of drunk-driving-related fatalities actually rose by 6.3%.

If you or someone you love has been charged with a DWI in Texas, you must take this charge extremely seriously, because Texas officials and police officers certainly do. Contact Mekisha Jane Walker at the Walker Law Office today for skilled and compassionate advocacy.

DWI Charges In Texas

Texas officially uses the term “driving while intoxicated” (DWI) when referring to drunk driving. Texas law prohibits all motorists from operating a motor vehicle with a blood alcohol concentration (BAC) of .08% or more. An individual is considered legally intoxicated if they "lack the normal use of mental or physical faculties" as the result of ingesting alcohol, drugs, or other similar substances. 

The minimum and maximum jail time and fines a person may face for a DWI conviction in Texas primarily depend on how many prior convictions they have. Below are some general sentencing guidelines for a DWI conviction.

DWI 1st Offense

  • 3 days to six months in jail

  • Minimum fine of $3,000

  • License suspension of 90 days to 1 year

  • DWI intervention or educational program

  • Possible ignition interlock device

DWI 2nd Offense

  • 30 days to one year in jail

  • Minimum fine of $4,500

  • License suspension of 180 days to 2 years

  • DWI intervention or educational program

  • Possible ignition interlock device

DWI 3rd Offense

  • 2 to 10 years in state prison

  • Minimum fine of $10,000

  • License suspension of 180 days to 2 years

  • DWI intervention or educational program

  • Possible ignition interlock device

Common DWI Myths

Many people who are stopped for DWI have misconceptions about the charges or ways to try to “beat the system.” People may also hear different stories from friends that have unfortunate consequences. Too much is at stake for anyone to rely on myths to determine their legal rights.

A DWI Charge isn’t Worth Fighting

Being charged with driving under the influence does not necessarily mean the individual will certainly be convicted. With the help of an attorney, they will still have a chance to avoid a conviction by fighting their DWI charge.

A DWI Charge is Common & Not That Serious

A DWI conviction can result in a driver’s license suspension as well as significant fines. Sometimes, individuals who are arrested for drunk driving are sentenced to jail time. A DWI conviction is associated with other life-altering consequences, so you should never understate the seriousness of such a charge.

You are Must Submit to a Field Sobriety Test

Legally speaking, no one can be forced to submit to a field sobriety test. These tests can result in false positives and are not reliable. Choosing not to participate, however, can increase the possibility of being arrested.

You Can’t Be Arrested for DWI If You’re Not Driving

A driver can face DWI charges in the state of Texas for simply being in “actual physical control” of a vehicle. They may be arrested for drunk driving for merely sitting behind the wheel of a parked car with the keys in the ignition — even if the vehicle isn’t moving.

A DWI Falls Off of Your Record After 7 Years 

Not true. Unless the conviction can be expunged or your record sealed, the information will still remain visible in a criminal background check.

You Don’t Need to Hire an Attorney

Don’t risk the serious consequences.  Everyone should take legal action to protect their rights.

Experienced Guidance You Can Trust

DWI is not taken lightly in Texas. The view of law enforcement is that no matter the damage that was actually caused, it could have been far more severe. It is difficult to predict what an impaired driver might end up doing. 

No matter what the situation entails or how complicated matters may seem, Mekisha Jane Walker will go above and beyond to help clients secure the most favorable outcome possible. You deserve a strong and compassionate defense of your driving privileges. Contact the Walker Law Office to set up an initial consultation. The firm is proud to handle DWI cases in Houston, Texas, as well as neighboring counties of Harris, Galveston, Montgomery, Fort Bend, and Brazoria.