It’s not uncommon for people to travel to or through Texas to visit loved ones or conduct business. However, some of these road trips can be interrupted by the motivated men & women who make up Texas law enforcement. If you’re driving through Texas, police are always looking for the tell-tale signs of drunk driving.
As Houston DWI lawyers for over 30 years, we’ve helped thousands of people charged with DUI and DWI offenses while driving through Texas.
If you’re an out-of-state visitor, God forbid you encounter legal troubles. If you do, then understanding your rights and some of the law is your first line of defense.
Texas Law & DWI Offenses
The State of Texas means business when it comes to DWI enforcement. Section 49.04 of the Texas Penal Code decrees that it’s illegal to operate a vehicle in public while intoxicated.
Intoxication is defined in the Texas Penal Code. You can be arrested for DWI if your blood alcohol concentration (BAC) level is 0.08% or more. You can also be arrested if you’re impaired by drugs (DUI), irrespective of your BAC.
Even as a non-resident, when you drive within Texas you’re subject to our “implied consent” law. Refuse a chemical test (blood, breath, or urine) and you’re subject to automatic driver’s license suspension. The period varies based on the number of refusals (180 days for first-time refusal, two years if you’ve refused within the past ten years).
Penal Consequences of a DWI Conviction
A first offense DWI carries substantial penalties under Texas law. If convicted, you may face up to a $2,000 fine, 180 days in jail, and a driver’s license suspension for up to a year.
Subsequent offenses have more severe consequences.
A person convicted for a second drunk driving offense may have to contend with fines of up to $4,000, one month to a year in jail, and a license suspension that can stretch to two years.
A third offense? That could mean a $10,000 fine, a prison sentence between 2 to 10 years, and the same potential two-year license suspension.
Of course, penalties may escalate if aggravating factors are present. If a child under 15 is in the vehicle at the time of the offense or if your BAC level exceeds 0.15%, you’ll have enhanced charges.
Know Your Rights
Your Fourth Amendment Rights
In the heat of a DWI stop, it’s easy to forget about your constitutional rights. You have very important rights under these circumstances as guaranteed by the Fourth Amendment of the U.S. Constitution. The 4th protects you from unreasonable searches and seizures. In simple terms, law enforcement needs a reasonable suspicion to stop you. They also need probable cause to arrest you.
Thus, if you’re pulled over for a DWI, don’t forget about your rights. For example, officers need valid reasons to stop you, like if they saw you speeding or swerving. They can’t stop you arbitrarily. Knowing your rights may help your lawyer fight the validity of a DWI charge.
Non-Residents and Texas DWI Charges
The Interstate Driver License Compact
Non-residents with criminal charges for DWI in Texas often face unique challenges. While your out-of-state license can’t be directly suspended by the State of Texas, there will be consequences at home.
The State of Texas will inform your home state of the conviction as prescribed by the Interstate Driver’s License Compact. This could lead to consequences back home, depending on your home state’s regulations.
FYI – 47 of the 50 states are part of the Interstate Driver License Compact.
If your driving privileges are suspended in Texas, it implies you can’t legally drive here. This is true, regardless of the status of your out-of-state driver license.
If you frequently travel to Texas and use a personal vehicle to get around, a suspended license can create havoc. To avoid this fate following an arrest for suspicion of drunk driving, talk with our DWI lawyers can help.
Protect Your Interests
Secure Legal Representation
If you’re accused of drunk driving and hit with a DWI charge in Texas, especially as a non-resident, putting an experienced attorney on the case is the next best step.
Houston DWI Attorneys Tad Nelson & Amber Spurlock are committed to defending your rights, and minimizing the potential repercussions the situation can have on your life. To do this right, it demands a seasoned hand.
Whether the best defense option is challenging the legality of a traffic stop, contesting the accuracy of a chemical test, or negotiating for a lesser charge, our law firm will exhaust all available options to get you off the hook for this.
Let us Review Your Case
Talk with Experienced Houston DWI Lawyers
At Tad Nelson & Associates, we fight tooth and nail for our clients. As a Board Certified® Criminal-Law Attorney, Mr. Nelson has an intimate understanding of Texas law & acceptable defenses which will pay great dividends in your defense.
As our many reviews online demonstrate, we have an unwavering commitment to achieving the best possible outcomes for our clients.
Should you need to talk with a defense lawyer about DWI, DUI, or any other criminal charges, contact Attorney Tad Nelson today at 281-502-2122.
