Drinking and Driving

Drinking and Driving

DWI arrests are stressful.  You will deal with jail time, substantial fines and loss of your drivers’ license.  However, The Low Law Firm can help defend your driving while intoxicated/DWI charge.

So what are the penalties for DWI and the associated crimes in Texas?

1st Offense DWI

  • probation
  • anywhere from 3-180 days in jail
  • fine up to $2,000.00
  • possible drivers license suspension of 90 to 365 days
  • Possible Interlock device.


2nd Offense DWI

  • probation;
  • 30 to 365 days in jail
  • up to a $4000 fine
  • Drivers’ license suspension of 180 days to 2 years.


3rd Offense DWI

  • probation
  • 2 to 10 years in prison
  • up to a $10,000 fine
  • Drivers’ license suspension from 180 days to 2 years.


DWI with a Child Passenger

  • probation
  • six months to 2 years in state jail
  • up to a $10,000 fine
  • Drivers’ license suspension from 180 days to 2 years.


Intoxication Assault

  • probation
  • 2 to 10 years in prison
  • up to a $10,000 fine
  • Possible drivers’ license suspension of 90-365 days.


Intoxication Manslaughter

  • probation
  • 2 to 20 years in prison
  • up to a $10,000 fine
  • Possible drivers’ license suspension from 180 days to 2 years.


In addition to the above penalties, if you are convicted of the crime of DWI, DPS can further penalize you with a surcharge of anywhere from $1,000.00 to $2,000.00 per year for three years to keep your driver’s license!  Call Abilene DWI Attorney Tara Gilmore-Low.


What are some defenses to these charges?


  1. The Stop:

How did the officer make contact with you?  What was the basis for the officer to stop you?  If the officer pulled you over he must have had a legal reason to stop you.

If it can be proven that the officer did not have a legal basis for the stop, then you might have grounds for a dismissal.

  1. Field Sobriety Examinations:

The Low Law Firm will investigate the field sobriety tests and the administration of same by the arresting officer.  Standard field sobriety tests such as horizontal gaze nystagmus, one legged stand and walk and turn must be administered in accordance with procedure developed by the National Highway Traffic Safety Administration (NHTSA).

It is not uncommon for police officers to administer these tests improperly, which leads to the question of whether or not the results accurately reflect intoxication.

  1. The Science

This means breath and blood tests.  While it is true that cases are usually easier to win if there is not a breath or blood test, there are still ways for your lawyer to challenge the accuracy of the tests, if warranted.

  1. The Video

In today’s world, nearly all patrol cars are equipped with video, which records the administration of the field sobriety examinations.  We will need to watch the video to gauge your appearance and indicators of intoxication.


How does a DWI affect your drivers’ license?

Your drivers’ license can be suspended as a result of a DWI/Driving While Intoxicated charge.  Typically, the suspension occurs at the end of your case as part of the punishment phase.

However, be aware that the state can suspend your driver’s license after the arrest if you refuse the breath or blood test and/or failed the breath or blood test.   So keep in mind that while dealing with the DWI charge, you will likely also be contending with a drivers’ license suspension case.

If you refuse the breath or blood test or fail, the suspension will become active 40 days after the refusal or failure unless you request a hearing within 15 days.

If you are over 21 years old the suspension based on refusal is 180 days.  If you took the test and failed it is 90 days.

The Abilene DWI Attorney at The Low Law Firm will help you through the difficult process and ensure your rights are protected!

Call Low Law Firm today!  325-455-1889

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