Some Mistakes Are Difficult to Outlive
Everyone makes mistakes during their lifetime. It’s one of the shared traits of being human, but fortunately, it’s often possible to move past such mistakes. Sadly, this becomes more difficult for those who face criminal charges for driving while intoxicated (DWI). In fact, the cost of a DWI in Texas can be devastating – carrying financial, legal, and personal consequences.
The worst part of this reality is that many people accept it as inevitable. They assume that a failed field sobriety test or breathalyzer analysis means they have no chance of avoiding conviction. Fortunately, this is far from true – and if everyone understood all the potential consequences they’d face, many more would fight against their DWI charges.
Legal Consequences of DWI in Texas
Some of the most devastating outcomes related to an impaired driving conviction in Texas occur in the legal field. It’s these outcomes that people are most familiar with. After all, being placed in handcuffs after a traffic stop or DWI checkpoint makes it clear that legal consequences are impending. Unfortunately, many people don’t fully recognize what they’re up against.
Most individuals realize that jail time and license suspension are potential outcomes. However, they’re surprised to learn the details of such consequences – and the other legal impacts they might encounter:
- Jail time: A first DWI offense in Texas carries up to a 180-day sentence. Subsequent offenses can result in up to a decade behind bars
- License suspension: For a first offense, those convicted of DWI can lose their license for one year. Fees apply to reinstatement, and suspensions get longer with subsequent offenses
- Probation: Community service, regular check-ins, and substance abuse evaluations are possible
- Permanent criminal record: Texas does not allow DWI records to be expunged, and this could hinder future employment, housing, and education opportunities
- Felony charges: Certain factors can result in felony charges for impaired driving
Clearly, the legal cost of a DWI in Texas can be disastrous for a person. The reality is that our state’s penalties are far more severe than those seen in other jurisdictions. A potential 180-day jail sentence for a first offense is almost unheard of. However, this is often used as a bargaining tactic for prosecutors who want to secure a conviction through plea negotiations.
That’s why speaking with an attorney before agreeing to anything is typically advisable. This simple act may help avoid major legal consequences – along with the other potential outcomes for DWI in Texas.
Financial Consequences of DWI in Texas
Jail time, license suspension, permanent criminal records, and other legal consequences of impaired driving are certainly enough to scare anyone. This helps explain why the majority of DWI charges are resolved by plea negotiations rather than going to trial. However, many would argue that the financial consequences of DWI in Texas are just as life-altering.
Certain potential outcomes may be obvious, such as lost wages from work while sitting in a jail cell. Unfortunately, the financial difficulties don’t stop there. They include:
- Fines and fees: A first offense can result in $2,000 in fines. Fines for subsequent offenses increase, and annual surcharges are incredibly high
- Increased insurance rates: You may end up paying 50-100 percent more for car insurance premiums
- Alcohol education/intervention: Court-mandated classes can add hundreds of dollars to your financial penalties
- Ignition Interlock Device: Courts typically require defendants to pay for an IID
- Loss of employment: Job termination and missed work can result in financial difficulties
- Towing and impound: On top of everything else, you will likely have to pay to get your vehicle returned
Texas takes driving while intoxicated very seriously, but this can leave individuals facing intensely-disrupting consequences for a single mistake. Even worse, it’s not uncommon for innocent people to face conviction. The legal fees are bad enough, but with the other financial costs of DWI in Texas, it’s obvious how a single conviction can upend a person’s entire life.
Considering the potential problems with testing for impaired driving, this can be an unfair and tragic outcome. Of course, this still isn’t where potential consequences end.
Personal Consequences of DWI in Texas
Envision a person who’s arrested for drunk driving and assumes there’s no way to avoid a conviction. After all, the prosecutor has likely told them as much. Imagine that this person decides to take a plea deal, and for some reason, the prosecutor is in an exceptionally good mood and offers an overly forgiving deal with no jail time and minimal fines.
This is a great outcome, right? Unfortunately, the legal and financial consequences of DWI in Texas aren’t the only things you have to contend with. There are also various destructive personal consequences:
- Strained relationships: Family and friends may treat you differently
- Loss of driving privileges: An inability to drive can seriously affect an individual’s personal life
- Social stigma: Reputational effects are devastating, especially since convictions are now featured online and on social media
- Mental health impacts: Stress, anxiety, and depression often show up in the fallout of a DWI conviction
These potential outcomes make it clear why even the best plea deal for a DWI will create challenges that last a lifetime. Unfortunately, it’s unlikely that any prosecutor will feel overly generous in their sentencing negotiations – and this means the personal difficulties will only add cumulative challenges on top of the legal and financial outcomes a defendant faces.
Fortunately for those who face the potential costs of DWI in Texas, there are ways to fight back against the system.
Potential DWI Legal Defenses
If you’re arrested for impaired driving, don’t fall into the trap of believing that there’s no hope. Various legal defenses can result in charges being dropped or a not-guilty verdict. Here are just a few of the most successful legal defenses used for DWI charges in Texas:
- Improper traffic stop
- Faulty field sobriety test administration
- Inaccurate breathalyzer results
- Medical conditions affecting BAC
- Improper arrest procedures
- Lack of probable cause for arrest
- Illegal checkpoint procedures
- Weather or road conditions affecting behavior
- Lack of evidence for actual driving under the influence
- Sobriety test conditions (e.g., lighting, surface)
While these defenses can help avoid a conviction, it’s important to remember that they’re not one-size-fits-all. This is why it’s critical to seek the assistance of an experienced DWI attorney. An aggressive criminal defense attorney may be able to help you avoid the extreme costs of a DWI conviction in Texas.
At Seymour & Vaughn, our dedicated team of lawyers is here to help you fight back. Contact us at 830-282-8751 to schedule your free consultation.