DWI laws in Texas a defense attorney's best friend

It's a not so well kept secret among criminal defense lawyers, but the ever increasing punishment for DWI cases is the defense lawyers best friend. Why? DWI cases, are offenses that an otherwise normal and productive citizen can run afoul of very easily. One too many drinks at an office happy hour, a lapse of judgement, and you could be looking at serious consequences.

Back when I was growing up, it was not uncommon to have Dad drive us kids around with a cold one in the console of the car. A DWI used to be a case where one could get deferred adjudication. No longer. Thanks to the good folks at Mothers Against Drunk Driving the laws have changed.

In Texas, the legal limit for intoxication is now .08 BAC (blood or breath alcohol concentration). It used to be .10

If law enforcement thinks your driving is impaired, you can be stopped and arrested for driving while intoxicated (DWI) regardless of your BAC. Penalties get worse with every DWI offense.

First conviction

$2,000 fine

Six months behind bars

Suspended driver's license for up to a year

$1,000 every year for three years to keep your driver's license

Second conviction

$4,000 fine

One year in jail

Suspended driver's license for up to two years

$1,500 every year for three years to keep your driver's license

Get two DWIs within five years and your vehicle will be equipped with an very expensive special ignition switch that prevents it from starting if you've been drinking.

Third conviction

$10,000 fine

Two to ten years in prison

Suspended driver's license for up to two years

$2,000 every year for three years to keep your driver's license

DWI with a kid in the car

Get arrested for drunk driving with a child under 15 in your vehicle, and it's a felony that comes with a $10,000 fine, two years in a state jail and losing your license for two years.

Needless to say, with these stiffer penalties, the otherwise law abiding and productive citizen (one who can afford a good criminal defense attorney) is more willing to fight such an accusation. After all, the key word in the list of penalties following a DWI conviction is just that, conviction.

So the irony is that the best friend of the criminal defense attorney in private practice are these increasingly draconian DWI laws. While I always sympathize with my clients, in the rare spells when business gets slow I sometimes joke with the police at the courthouse that they need to stop slouching off, get to work, and drum up some business for me.

(In truth, the best friend of the insurance defense lawyer is the plaintiff's lawyer, so the irony is not limited solely to criminal defense practice)

Questions or comments?

Please feel free to contact me via my website at www.arnoldlegal.com