A DWI CONVICTION IN TEXAS
WILL AFFECT YOU FOR THE REST
OF YOUR LIFE
In the State of Texas, the range of punishment for a first time DWI conviction puts you in Class B Misdemeanor punishment range. That means you could be sentenced to not less than 72 hours nor more than 180 days in the county jail, or be fined up to $2,000.00, or a combination of both. Most people who are out of jail while their case is pending are offered probation.
The terms of the probation you might be offered would be something like this: 180 days in the Travis County Jail; all of that jail time would be probated (meaning that you wouldn't actually go to jail again) for 18 to 24 months.
The terms of the probation would likely include 60 hours of community service, restitution, evaluation by the Travis County counseling and education services, and probably counseling, education, or therapy. You would be allowed to keep your driver's license while on probation, so long as you maintain a valid vehicle insurance policy.
"Here's how I look at DWI defense: pretty much anybody with a pulse, a suit and a law license can get you probation in Austin. If you just want to take your lumps, enter a plea and be convicted, then don't hire me. Don't hire me if you just want to take a whipping and accept the consequences. You can find a lawyer who will charge you less than I will if that is all you want."
"If you want to see about fighting the charges against you, about getting out of the jam you're in, about getting someone to look in every nook and cranny, under every rock and pebble for evidence that will favor you, and cost isn't your first priority, then call me."
Bill Mange, Esq.
The additional costs and consequences of a DWI conviction (the no-bull version)
There are many additional consequences and costs to getting convicted on DWI charges.
One of the most obvious is that you will have a criminal conviction for DWI that will never go away, not even after you die. Your criminal record will be out there for all the world to see. Potential employers, lenders, and landlords will be able to look it up on the internet. People will make assumptions about you, your values, and behaviors based on that DWI conviction for the rest of your life. They will assume you are an alcoholic, or at least that you have a drinking problem, and that you are irresponsible and negligent. They will conclude that you are undependable and will not show up for work on time or will show up hung over. They will assume that you are personally and financially unreliable.
It’s a fact: this is the no-bull version of how a criminal drunk driving conviction may affect you.
Another consequence of a DWI conviction is that that the Texas Department of Public Safety will require you to pay a surcharge of $1,000 to $2,000 per year for three years following your conviction in order to keep your license.
If you provided a sample of your breath or blood and the concentration of alcohol was equal to or more than 0.08 grams but less than 0.160 grams, you are "only" required to pay a $1,000 surcharge. It's the same amount of surcharge if you refused to blow.
On the other hand, if the concentration were 0.160 or more, you will pay $2,000 per year for three years.
That's a lot of money for a night on the town. You won't want to pay that money, I'm sure.
"Before you give in to the urge to shout at your computer screen that this surcharge is stupid, let me say it first: This surcharge is stupid."
Bill Mange, Esq.
But here's what happens if you don't pay it.
The Texas DPS will suspend your license. If you drive while your license is suspended, you're committing a crime. If you are on probation and you commit another crime, then you are very likely to have your probation revoked.
An additional cost of a DWI conviction is that once you're on probation, you must obtain an SR-22 insurance policy for two years. An SR-22 insurance policy differs from an ordinary insurance policy in some important ways.
The premium is way more than what you would pay for an ordinary vehicle insurance policy.
What’s more, with an ordinary policy, your insurance card may indicate that the policy lasts for six months, but you might well be making monthly payments on that policy.
If you are pulled over, the law enforcement officer will ask to see your driver's license and insurance. When you hand the officer an ordinary insurance card, the officer has no way of knowing whether you have been making your payments on time or if the policy has been canceled.
With an SR-22 insurance policy, the insurance company is required to notify the Texas Department of Public Safety if your policy is canceled for non-payment or any other reason.
If you are pulled over, the officer will use your driver's license to check to see if there are any active warrants for your arrest and whether your license has been suspended. He'll also use your SR-22 insurance card to see whether your insurance has been canceled.
If your insurance policy has been canceled, the officer will then issue you a ticket for "failure to maintain financial responsibility," which is legislative-speak for "driving without insurance."
A conviction for failure to maintain financial responsibility will bring additional surcharges.
"Now let's say it together:
This driving without paying the insurance surcharge is stupid, too."
Bill Mange, Esq.
It is stupid and it amounts to a tax on people who can't afford to pay the tax. It is stupid because the policy goal should be to ensure that people buy insurance, but by burdening people with a surcharge when they don't have insurance, it makes it harder for those same people to buy insurance. That means all drivers are less protected.
DWI is a serious criminal offense in Texas. The costs and repercussions of a drunk driving conviction are severe and costly. Even a first-time DWI conviction will give you a criminal record that remains for the rest of your life. So if you are facing DWI charges, it’s extremely important that you hire the right lawyer to handle your case. Call today for your free consultation with Austin DWI attorney Bill Mange: 512-451-5885.
