Is Jail Time Possible for a DWI?

 Posted on January 25, 2024 in DWI

If you are caught drinking and driving in Texas, even as a first-time offender, you will likely be facing jail time. Avoiding a conviction at all costs is very important to keep your record clear, but you need experienced counsel to help you through the legal process.

If you have been arrested for driving while intoxicated, our Frisco DWI defense attorneys can help you defend these charges against you.

Prison Time for a DWI

Impaired driving comes with severe consequences in the Lone Star state. If you have a blood alcohol concentration (BAC) of 0.08% or higher, you are driving over the legal limit in Texas. 

If you are a first-time offender, you will be sentenced to three days in prison, with the potential for up to 180 days. If it is your second offense, you may be sentenced to one month to one year in prison. For a third offense, you may be sentenced to two to ten years in prison.

Aggravating Factors

However, there are certain factors that may enhance your DWI charge to an aggravated DWI. These would include:

If Your BAC is Double the Legal Limit

A BAC of 0.15% or higher could result in up to one year in jail. This would apply even if it is your first offense. 

If Someone is Seriously Injured or Dies

When an intoxicated motorist causes another person serious injury or death, this is an aggravating circumstance that will likely result in increased prison time. In Texas, this is known as intoxication manslaughter. A second-degree felony conviction could result in a maximum prison sentence of 20 years.

If You Were Driving a Child Passenger

According to Texas Penal Code §49.045, if you are inebriated while transporting a child passenger (a minor under the age of 15), you may be charged with a state jail felony. You will serve three mandatory days in jail, with the possibility of being incarcerated for two years.

How Can a DWI Defense Attorney Help Me?

If you were asked to perform a field sobriety test, these tests are not always reliable in determining if someone is intoxicated.

Of the three sobriety tests that may be administered by a police officer, the failure rate is high for people who have certain medical conditions. For instance, the horizontal gaze nystagmus test examines whether an individual is exhibiting rapid back-and-forth eye movement. An individual who has epilepsy or any neurological disorder may fail this test.

In the walk-and-turn test, a police officer will ask the driver to walk heel-toe in a straight line, then turn on one foot and walk in the same manner in the opposite direction. If you have vertigo or a balance disorder, you may fail this test. 

Our Collin County DWI defense attorneys will gather any necessary evidence to help support your case and challenge field sobriety test results. With over 500 trial victories in DWI cases, rest assured that you are hiring the best representation possible.

Contact Our Frisco, TX, DWI Defense Attorneys Today

Law enforcement is quick to slap someone with a DWI charge. If you have been charged with a DWI, do not delay in securing one of our Collin County, TX, DWI defense attorneys. Contact Law Offices of Biederman & Burleson P.L.L.C. today online or by calling 469-333-3333 to schedule your free consultation.