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Texas DWI

Only an experienced attorney can give you good advice on whether to take a DWI case to trial or whether to settle through a favorable plea.

All DWI cases carry consequences beyond the simple criminal prosecution. Texas DPS will administratively attempt to impose license suspension. If they succeed, you may need to acquire a restricted driver’s license so that you can continue to legally drive during that suspension. The prosecution in a DWI court procedure may attempt to require installation of an ignition interlock device on your car –– even before you are convicted –– and make you pay for it. Fines for DWI in Texas are imposed upon conviction. The Department of Public Safety has a special fine of at least $1,000 per year for three years.

The Texas DWI penalty for first offenders without prior criminal history is often an offer of a probated sentence with no jail time. While that might sound good at first, it is not. A probated sentence is costly, typically involving a hundred dollars a month or more for 18 to 24 months. A probated sentence demands completion of community service, alcohol counseling as directed, and visits to a probation officer as directed. This may very well include being required to give urine samples and needing a travel permit to leave Travis County. Failrure to live up to these conditions, or committing another offense, will likely result in jail time, without a trial by jury.

Facts about probated sentences for first offenders:

  • A probated sentence still stays on your records. It cannot be expunged.

  • A probated sentence counts as a DWI. Should you get another DWI, it will be enhanced.

  • If your insurance company increases its rates for DWI, this will increase your rate.

  • A probated sentence still triggers the state DWI special fine, whereby you pay $1,000 per year for three years.

An experienced DWI defense lawyer will explore all possible ways of winning your DWI case or getting you the best negotiated deal possible. Viktor Olavson has successfully handled hundreds of DWI cases, repeat DWI offenses, felony enhancements, and DWIs resulting in serious bodily injury.