David M. White 400 Pine St. Suite 765 Abilene, TX 79601
Facing Drunk Driving Charges?
Thousands of drunk driving tickets are given out every year in Texas. Most of the time, people feel like they have no option but to submit to the opinion of the arresting officer and put themselves at the mercy of the court. This is simply not true.
But you must act quickly.
It is key to retain an experienced DUI/DWI attorney as soon as possible. Our attorney, David M. White, can help you discover and utilize your options — ensuring that you are treated fairly by the court.
For a no-cost consultation at one of our offices — in either Abilene or Big Spring — call us at 325-437-3311 (toll-free 888-531-8944) or contact us online.
Wondering What Happens Next?
An arrest for drunk driving leaves many questions to be answered, such as:
Will I go to jail?
Will I lose my driver’s license?
What kind of fines am I going to have to pay?
Is this going to effect my current or future employment?
How much will my insurance increase?
The answers to these questions depend on how you are charged and the outcome of your case. It is important to seek legal advice to get the best result based on your circumstances. If this is not your first DUI/DWI offense, don’t wait to contact a lawyer because you stand to lose much more than a first-time offender.
If you are convicted of two or more DWIs, you face mandatory jail time. And there is no time limit on when the second DWI may occur - so even if your first drunk driving conviction was when you were young and in college, you could still be facing felony charges and jail time if you make a mistake 30 years later.
If you are being charged with your first DWI, it is important that you do not plead guilty and accept the prosecution’s first deal. You could be facing the loss of your license and extensive licensing fines in the years to come. Contact an attorney who can help you plead down your first DWI charge or assist you in getting an occupational license so you can still get to work after your license has been suspended.
The Earlier We Are Able to Help, The More We Can Do
Contact us toll free by dialing 888-531-8944, or contact us online to schedule your free initial consultation. Our offices in Abilene and Big Springs are both located convenient to I-20. We are open Monday to Friday from 8 am to 5 pm. Evening and weekend appointments are available.
David M. White
David White is an attorney engaged in the general practice of law. He has represented a wide array of individuals and business entities in matters or transactions concerning criminal law, personal injury, oil and gas, real estate, estate planning, and probate and trust.
David’s practice has a client-centric focus dedicated to meeting the individual needs of each client. David currently practices with the firm Fergus & Fergus, L.L.P. and has offices in Abilene and Big Spring, Texas.
If you think that you, a friend or family member might need legal advice, please feel free to contact our firm. If you are not familiar with David and your first contact with him is through this website: He would be pleased to hear from you. Please call or email to let us know what your needs and questions are. We will be more than happy to help.
Texas DUI Law Highlights: BAC Levels and Implied Consent (Table 1)
State
"Per Se" BAC Level
"Zero Tolerance" BAC Level
Enhanced Penalty BAC Level
"Implied Consent" Law
Texas
.08
.00
.15
Yes
DEFINITIONS: "Per Se" Blood Alcohol Concentration (BAC) Level As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.
"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state’s enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver’s license sanctions.
"Implied Consent" Laws "Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver’s license, usually for six months to a year.
Texas DUI Law Highlights: Selected Penalties (Table 2)
Mandatory Alcohol Education and Treatment/Assessment
Vehicle Confiscation Possible?
Ignition Interlock Device Possible?
Texas
90d/ 180d/ 180d
No
3rd offense
in limited circumstances
Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.
DEFINITIONS: Administrative License Suspension/Revocation The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver’s license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.
Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.
Mandatory Alcohol Education and Assessment/Treatment Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state’s utilization of alcohol education and treatment/assessment programs.
Vehicle Confiscation Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender’s vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state’s utilization of vehicle confiscation as a penalty for DUI.
Ignition Interlock A vehicle ignition interlock breath-testing device measures a vehicle operator’s BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state’s utilization of ignition interlock devices as a penalty for DUI.
