McKinney, Texas DWI Penalty Attorneys

Lawyers Helping Clients Minimize the Penalties They May Face in DWI Cases in McKinney

A person who has been arrested for DWI can face multiple types of serious consequences. In these situations, people may be surprised by some of the penalties that may apply in a case. A person may face criminal penalties following a DWI conviction, their driver's license may be affected by administrative actions, they may be subject to mandatory education or treatment requirements, and they may need to deal with long-term collateral consequences.

The lawyers at Texas Defense Firm make sure our clients understand all of the penalties they may face when they have been charged with DWI. We provide the legal help needed to ensure that clients can make informed decisions during their cases. We will work to minimize the penalties that could affect a person's life and help them resolve their case successfully.

Criminal Penalties for Misdemeanor DWI Charges

A first-time DWI will usually be charged as a Class B misdemeanor. A conviction can result in a county jail sentence that may last from three days to six months. A person will usually be required to pay a fine of up to $2,000 along with other costs or surcharges. Their driver's license may be suspended for up to one year.

A second DWI charge will usually be prosecuted as a Class A misdemeanor. The mandatory minimum jail term that will apply after a conviction is 30 days, and a person could be sentenced to up to one year. Fines may be as high as $4,000. A driver's license suspension may last for up to two years.

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Criminal Penalties for Felony DWI Charges

A third DWI conviction will typically be charged as a third-degree felony offense. Intoxication assault is also a third-degree felony. In these cases, a person may be sentenced to between two and 10 years in prison. Fines for felony offenses can be as much as $10,000.

Other types of felony charges may apply in certain situations. DWI with a child passenger is a state jail felony, and a person who is convicted may be sentenced to between six months and two years in a state jail. Intoxication manslaughter is a second-degree felony with a potential prison sentence lasting from two to 20 years.

Administrative Penalties Affecting a Driver's License

A DWI arrest may lead the Texas Department of Public Safety to begin the Administrative License Revocation (ALR) process. This may result in the suspension of a person's driver's license. This process will be handled separately from a criminal case, so a license suspension may occur even if DWI charges are dismissed or a person is able to avoid a criminal conviction.

The length of an ALR suspension will depend on the circumstances of a DWI arrest. When a blood or breath test performed after a DWI arrest showed that a person was over the legal limit, their driver's license will be suspended for 90 days for a first offense or one year for a second offense. However, a DWI test refusal will result in a 180-day suspension for a first offense or a two-year suspension for a second offense.

When an Ignition Interlock Device Is Required

An ignition interlock device will prevent a vehicle from starting if it detects alcohol on a driver's breath. If a person's license has been suspended following a DWI arrest or conviction, a judge may allow them to drive under a restricted license that will require the use of an ignition interlock device.

Drivers will be responsible for installing ignition interlock devices in their vehicles and paying any related fees or expenses. They will be required to use these devices whenever they are driving. Violations of restrictions on driving while intoxicated can lead to additional penalties.

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Alcohol Education Classes and Substance Abuse Treatment

A person who is convicted of driving while intoxicated may be required to complete a state-approved DWI education program. This program will focus on the effects that alcohol and drugs can have on a person's ability to drive safely. Failing to complete a program within the time limits set by a judge could result in an additional license suspension or other penalties.

For repeat DWI offenders, more extensive educational programs may be required. A person may also be required to participate in substance abuse treatment, which can include counseling, group therapy, or treatment at a medical facility.

Other Long-Term Consequences of a DWI Conviction

DWI charges can affect a person's life in ways that extend beyond criminal penalties and driver's license consequences. Other issues a person may face include:

• Criminal Record: Unlike some other minor offenses, a DWI conviction generally cannot be expunged from a person's record. Background checks will show that a person has been convicted of DWI, which can affect their employment opportunities or their ability to find housing.
• Professional Licensing: Many licensing boards require applicants and license holders to disclose criminal convictions or DWI arrests. Professionals like doctors, nurses, dentists, psychologists, chiropractors, physical therapists, teachers, attorneys, or real estate agents may face disciplinary action after being arrested for DWI. A person's professional license may be suspended or revoked, and a conviction on their record may prevent them from obtaining or renewing a license in the future.
• Auto Insurance Rates: The amount a person will be required to pay to maintain car insurance is likely to increase substantially after a DWI conviction. Some insurers may decline to renew a person's policy or refuse to insure a driver with a DWI on their record.
• Loss of Civil Rights: A felony conviction can affect a person's right to vote and other rights. Firearm possession is prohibited for people with felony convictions, and a felon who allegedly possesses a gun can face serious criminal penalties.
• Commercial Driver's License Penalties: Commercial drivers who are convicted of DWI will face the disqualification of their commercial driver's licenses. This can prevent them from working and limit their future career opportunities.

Contact Our McKinney, TX DWI Penalties Lawyers

The consequences you may face after a DWI arrest may affect your driving privileges, your finances, your career, and many other parts of your life. At Texas Defense Firm, our lawyers can help you determine your best options for defense, and we will work to minimize the impact of a DWI charge. Contact our McKinney DWI attorneys at 972-369-0577 to set up your free consultation.