DWI Lawyers Serving Galveston County

Dedicated Attorneys Protecting Clients Charged with DWI in Galveston

When your blood alcohol content (BAC) is above 0.08 percent, you cannot legally operate a motor vehicle. If you are caught driving with a BAC above this level, you are subject to a driving while intoxicated (DWI) charge.

Types of Drunk Driving Charge

In Texas, a DWI charge and a DUI charge are the same type of charge, but applied to different age groups. When a driver over 21 is suspected of driving with a BAC of 0.08 percent or higher, he or she faces a DWI charge. When a driver under 21 is suspected of driving with a BAC of anything higher than 0.0 percent, he or she faces a DUI charge.

These are not the only drunk driving charges Texas drivers can face. It is possible to be charged with DUI or DWI for driving while under the influence of a drug other than alcohol, such as marijuana or a prescription sleep aid. Any time a driver’s ability to safely operate a vehicle because of drug use, prescription or not, he or she may be charged with a DWI or DUI.

DUI is a Class C misdemeanor. Penalties for a first time DUI are:

• A fine of up to $2,000;
• Three to 180 days in jail; and
• A driver’s license suspension of up to 90 days.

DWI is a Class B misdemeanor. Penalties for a first time DWI are:

• A driver’s license suspension for up to one year;
• A fine of up to $2,000;
• Three to 180 days in jail; and
• An annual fee of $1,000 to $2,000 for three years following reinstatement to keep the license.

Second and subsequent DUI and DWI charges have steeper penalties. For a third or fourth DWI, the driver faces felony charges.

Related charges drivers can face include:

• Refusal to consent to a chemical BAC test, which results in a 180-day driver’s license suspension;
• Intoxicated manslaughter, a 2nd degree felony charged when a drunk driver causes a victim’s death; and
• DWI with a child under 15 in the vehicle, a state jail felony.

Defending your Case Against a DWI Charge

A DWI charge is not a DWI conviction. You have the right to contest the charge and potentially have it dismissed or reduced to a reckless driving charge.

Possible defense strategies for your DWI case include:

• Demonstrating that the officer who pulled you over did not have probable cause to do so;
• Showing that the officer who administered the breath test was not qualified to do so
• Showing that the breath test’s results were inaccurate; and
• Demonstrating that you were not impaired while you were driving.

Let an Experienced Criminal Law Attorney Help You Today

If you were charged with DWI or DUI, start working with an experienced DWI/DUI defense lawyer as soon as possible to develop an effective defense strategy for your claim. Contact our team at Scott M. Brown & Associates today to set up your initial legal consultation.