What are the penalties for driving with a suspended Texas drivers license?

October 2, 2020June 9, 2013 by Jim Slaton

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What are the penalties for driving with a suspended Texas drivers license?

Suspended Texas Driver’s License? If you have a suspended Texas drivers license because you declined a chemical test or because you were convicted of DWI, the penalties can vary.

Driving while license suspended (DWLS) is a misdemeanor and:

has a punishment range of 3 days to 180 days in jail and/or
a fine from $100 to $500.
A new offense is committed every time a person drives DWLS
Each of these punishments may be probated.

If you have a suspended Houston, Texas drivers license, you may apply for an occupational driver’s license (ODL).

This type of license is limited in scope and geography (you may drive only in named counties).

To receive an ODL, the driver must show good cause.

For example, you may need to show you need a license for going to and from work, taking children to and from school, going to and from a religious service, traveling to or from a grocery store, or traveling to or from a medical facility for treatment.

The courts will also require the installation of an alcohol interlock device on your vehicle.

If your driver license has been suspended because of a DWI or other crime, contact the DWI attorneys at Trichter & LeGrand 24/7 for a free consultation.

We can help you aggressively fight to get you license back and get your life back on track.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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Do I need a lawyer to help me in a DWI prosecution and an ALR proceeding?

October 2, 2020June 9, 2013 by Jim Slaton

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Do I need a lawyer to help me in a DWI prosecution and an ALR proceeding?

Absolutely! You should have legal representation in your Administrative License Revocation or ALR hearing. According to the State of Texas, the ALR Program is

“a civil administrative process unrelated to criminal court proceedings, in which individuals arrested for driving while intoxicated (DWI) or boating while intoxicated (BWI) who refuse to take or who fail a blood or breath test attempt to save their driver’s license.”

The best reason to request an ALR hearing is to try to save your driver’s license.

In this hearing, you will force DPS to attempt to prove that the police officer who stopped and arrested you did so with either reasonable suspicion or probable cause.

DPS will also argue that you refused to take a requested breath and or blood test, and when you took one of the tests, you had a BAC result of .08 or more.

In order to suspend your license, DPS must provide certain evidence, depending on the facts of your case.

If they can’t do that, you win by default.

The ALR Hearing

In an ALR hearing, not just an ordinary lawyer will do.

You need a lawyer who is skilled in representing persons charged with DWI.

There are many lawyers who take DWI cases; however, there are only a few lawyers who actually try motion hearings and litigate jury trials and ALR hearings.

The task of finding a good DWI lawyer should be taken very seriously because if you make the wrong choice, that decision will adversely affect your life, your reputation, and your future.

Everyone needs ALR hearing help from a skilled lawyer

No matter how smart you may think you are, you simply cannot defend yourself against a DWI charge as well as a skilled, knowledgeable, and experienced DWI / ALR trial lawyer.

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What is DWI and its potential punishment?

November 22, 2022June 9, 2013 by Jim Slaton

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DWI Punishment & Penalties

DWI is a criminal offense which prohibits you from operating a motor vehicle in a public place.

while “intoxicated” is defined as having lost the normal use of either mental or physical faculties, or having a .08 alcohol level in either your breath, your blood, or your urine.

The DWI statute does not require you to be “drunk,” rather, it only requires that you to be “intoxicated” to be charged with DWI.

When considering DWI punishment, we have to discuss the loss of normal mental/physical faculties must be caused by alcohol, drugs, a controlled substance, some other impairing substance, or a combination thereof in order to violate the DWI statute.

Breakdown Of DWI Punishment By Offense:

FIRST TIME OFFENDERS with less than .15 BAC have the possibility of a fine not to exceed $3,000.00 and/or a jail sentence from 3 days to 180 days, and a driver’s license suspension of 90 to 365 days (Class B Misdemeanor). Offenders with a BAC over .15 can have a fine up to $6,000
A SECOND OFFENSE penalties for DWI means the maximum fine increases to no more than $4,500.00 and/or jail from 30 days to one year, and a possible driver’s license suspension ranging from 180 days to 2 years (Class A Misdemeanor).
THIRD OFFENSE, you may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment, and suspension of your driver’s license ranging from 180 days up to 2 years (3rd Degree Felony).
INTOXICATION ASSAULT is where an accident occurred with serious bodily injury resulted as a proximate cause of the intoxication. Upon conviction, the penalties for DWI are more severe. You can be sentenced to a minimum of two years and up to a maximum of 10 years in prison and may be fined up to $10,000.00.
INTOXICATION MANSLAUGHTER is a DWI where a death occurred in an accident and where the intoxication was the proximate cause of the death. Upon conviction, you can be sentenced to pay a maximum fine of $10,000.00 and/or be imprisoned from two to 20 years (2nd Degree Felonies).
DWI WITH CHILD PASSENGER is where a person is DWI and there is another person in the vehicle who is under 15 years of age. Punishment is by confinement in State jail for any term of not more than two years or less than 180 days and a fine not to exceed $10,000.00 (State Jail Felony).

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DWI Punishment In Texas

Most DWI punishment as a consequence of convictions result in probation, which means your jail sentence is suspended, you’ll be fined, or your driver’s license will be suspended by the court.

Said another way, upon conviction, the judge pronounces a jail sentence punishment, a fine sentence, and a driver’s license suspension, but suspends that jail sentence and places the person on “community supervision” (also known as probation) instead.

Example:

Judge Justice says, “Mr. Defendant, your sentence is 180 days in jail, a $2,000 fine, and a year’s suspension of your driver’s license.”
DWI Defendant replies, “Holy cow, I can’t believe it, I’m going to jail!”
But all of the sudden the judge says, “However, I’m going to probate this sentence. Your jail is probated for 1 year, $1,500 of your fine is probated, and your driver’s license suspension is also probated.”

In layman’s terms, this means that if the defendant behaves for 1 year, he will:

NOT have to do the 180 days in jail.
Pay only $500 of the fine.
NOT have his driver’s license taken from him.

“Wait,” you say, “what does ‘behave’ mean?”

It means that the judge has offered the defendant a “deal” he can’t refuse.

This deal is a contract between the defendant (you) and the court, and the contractual terms are simple:

The judge promises not to put you in jail, not to make you pay the entire fine, and not to take away your driver’s license.

In exchange, if you agree to the probation as a result of your DWI punishment, you are agreeing generally to do the following:

>Report once a month to a probation officer.
>Not commit any further crimes during the term of probation.
>Pay a monthly supervisory fee to the probation office (approximately $40).
>Perform a specified number of hours (approximately 24 to 48) of community service (volunteer work to benefit the community) during the term of your probation.
>Attend DWI education classes dealing with the effects of alcohol or featuring victims of DWI-related tragedies (VIP Program).
>Abstain from consuming alcohol for the term of your probation.
>Pay your non-probated fines and court costs.
>Submit to a breath test by law enforcement or court personnel upon request.
>Install an alcohol ignition interlock device on your car, and only drive a car equipped with such as device (not always required).
>Make a small donation to MADD and/or Crime Stoppers.
>Remain within the county of your residence unless given permission by the court to leave it.
>Fulfill any other requirements the court sets for you.
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How is breath testing done?

October 2, 2020June 9, 2013 by Jim Slaton

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HOW IS BREATH TESTING DONE?

Police perform breath alcohol testing on a machine named Intoxilyzer 5000 EN.

These devices are old and will soon be replaced.

When new, sometime in the late ’90s, they cost approximately $7,500.

According to the manufacturer, the device works on the basis of infrared light absorption by alcohol detected in a person’s breath.

According to the manufacturer and the Texas Department of Public Safety (DPS), the device subtracts the amount of light absorbed from the person’s breath sample, compares that amount with the amount of light originally introduced by the device into its testing chamber, and prints the difference as a test result.