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In Texas, a DWI (Driving While Intoxicated) is defined as operating a motor vehicle, (including boats and planes), in a public area while impaired. Under Texas law, driving “impaired” means driving with faculties reduced beyond the standard mental or physical capacities. Additionally, you can be charged with DWI in Texas if you are found driving with a blood alcohol concentration (BAC) of .08% or above.
Texas operates under the "implied consent" principle. This means that if you're lawfully arrested with probable cause for suspicion of DWI, you're assumed to have consented to a breath or blood test, with the testing method often determined by the arresting officer. While you have the right to refuse, doing so results in a 180-day license suspension.
If you comply and the results are incriminating, your license faces a 90-day suspension. What’s more, it's essential to understand that an officer, with a judge-approved warrant, can mandate a blood test even if you decline. Additionally, your refusal might be portrayed in court as evidence of your acknowledgment of guilt.
Your license isn't immediately revoked after a DWI arrest. You have a 15-day window from the arrest date to request an Administrative License Revocation (ALR) hearing. However, failure to make this request within the specified time frame will result in an automatic license suspension.
The penalties vary based on the specifics of the offense:
The consequences of a DWI conviction to your license are as mentioned above.
It's ill-advised to simply plead guilty without consulting an attorney. An officer's judgment of intoxication is subjective. Engaging a qualified attorney ensures a thorough examination of all aspects surrounding your case, providing you with the best advice for such a pivotal decision. For more information on Defending Against DWI Charges In Texas, an initial consultation is your next best step.