This is a quick Williamson County, Texas DWI Misdemeanor legal reference.
Driver's License Suspension
40-days after the DWI arrest, the defendant's Texas Driver's License will be suspended for a period of 90-days or 180-days. It will depend on whether the defendant consented or refused the breath and blood tests.
Administrative License Revocation Hearing
The Administrative License Revocation Hearing "ALR Hearing" must be requested within 15-days of the arrest. The ALR Hearing will postpone the original 40-day suspension until the hearing has concluded. Ultimately, the driver's license suspension is difficult to overcome, but it is possible.
Occupational Driver's License
Once the Texas Driver's License suspension begins, the defendant is *not eligible* to drive without an Occupational Driver's License "ODL." If the defendant is stopped thereafter and does not have a valid ODL, he/she may be arrested and charged with a Class B - Driving with License Invalid offense. You may check your driver*s license eligibility on the website listed below.
Once the 90 or 180-day Texas Driver's License suspension period has concluded, a reinstatement fee must be paid to DPS or the license will still be ineligible. Additionally, a 12-hour alcohol education class is required.
Class A Misdemeanor
Class A misdemeanors are punishable by up to 1-year in jail and/or a $4,000.00 fine. You may be charged with a DWI-2nd if this is your second offense; or DWI-1st with a BAC greater than .15.
Class B Misdemeanor
Class B misdemeanors are punishable by up to 6-months in jail and/or a $2,000.00 fine. Typically, Class B misdemeanors are first offense DWIs and the defendant*s BAC is below .15.
Ignition Interlock Device
An Ignition Interlock Device "IID" with a camera may be a condition of the defendant's bond. They are required with a subsequent DWI or a DWI with a BAC greater than .15. When IIDs are required, they must be installed before the defendant is permitted to drive and generally within a month of being released from jail. Additionally, the defendant must blow into the IID three times per day whether or not the vehicle is being driven.
Formal Probation: once probation is completed successfully, there will be a conviction on the defendant's criminal record.
DPS Conviction-Based Surcharges
According to the DPS website, individuals who receive a conviction for one of the offenses listed in the chart below will pay an annual surcharge for three years from the date of the conviction. Points are not assessed for these offenses because the surcharge is automatic upon conviction.
Convictions are added to the driver record once DPS receives notification from the court. As a result, there may be a delay between the date of the actual conviction and when the conviction is added to a driver record.
1. 1st Driving While Intoxicated (DWI) Texas or out-of state conviction for DWI, Intoxication Assault or Manslaughter: $1,000.00.
2. Subsequent DWI Texas or out-of state conviction for DWI, Intoxication Assault or Manslaughter: $1,500.00.
3. DWI with Blood Alcohol Concentration of 0.16 or More in Texas or out-of state conviction: $2,000.00.
You may be eligible for a dismissal through one of the Williamson County Specialty Programs. Please ask for more information.
This information is based on Williamson County, Texas. Information may vary in other Texas counties. Additionally, the information provided in this legal guide should not be considered legal advice establishing an attorney-client relationship. It is provided as a quick reference. Please seek professional legal advice from an experienced attorney accordingly. For more information and to schedule a free consultation, please contact our office at 512.273.3525.
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