Is There a Possibility of Incarceration with a DWI in Texas?

The state of Texas imposes very harsh penalties on those who drive under the influence, to the extent that incarceration is a possibility when receiving a DWI. Continue reading to find out the probability of going to jail for a DWI offense in Texas and how an experienced McAllen, Texas DWI lawyer at the Law Office of Angel Davila can help you navigate the circumstances of your case.

Can I face incarceration if I receive a DWI in Texas?

For a first-offense DWI in the state of Texas, you may receive a jail sentence anywhere between 3 to 180 days.

Anyone charged with a second DWI will be seen as a repeat offender, which will most likely entail an even harsher penalty of anywhere between 1 to 12 months.

A third DWI offense in Texas is evidently the harshest, with the possibility of facing anywhere between 2 to 10 years in prison.

What are other consequences that I may face?

Even if you do not receive a prison sentence, there are several other harsh consequences you may face. Other penalties, which become more severe with each subsequent conviction, are as follows:

  • License suspension.
  • Fines.
  • A fee of up to $2,000 each year for 3 years to retain your driver’s license.
  • Enrollment in DWI education and treatment programs.
  • Community service.
  • Possible installation of an ignition interlock device in your vehicle.

How can I defend my DWI charge?

There are several circumstances that can support your defense. The following are the most common examples:

  • The traffic stop was unlawful: the law enforcement officer did not have probable cause or did not follow proper procedures.
  • The breath tests were taken inaccurately: the law enforcement officer failed to calibrate the breathalyzer may result in inaccurate readings.
  • The law enforcement officer was acting out of conduct: meaning, they did not read you the Miranda Warning or otherwise mishandled all police reports and evidence.
  • You were involuntarily intoxicated.
  • The field sobriety tests were taken improperly.

If any of the above circumstances seem applicable to you, contact a skilled Hidalgo County, Texas criminal defense lawyer to help you reduce or eliminate your DWI charge.

Contact Our Hidalgo County, Texas Firm

With collective decades of experience, the experienced attorneys at the Law Office of Angel Davila are committed to helping protect you from the penalties associated with a criminal conviction by defending you against charges of everything from DUI to Murder, and everything in between. We also help people through various family law and estate planning matters. Our firm proudly serves clients in Hidalgo County and throughout the state of Texas. For quality legal defense when you need it most, contact the Law Office of Angel Davila today.