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Yes. Driving While Intoxicated is either a Class B or Class A Misdemeanor, and may be a felony under certain circumstances. Driving While Impaired as a Minor is a further charge, and is a Class C Misdemeanor.
At its lowest level, unless you are a minor, you will be facing a Class B Misdemeanor, and will almost certainly be arrested at the scene if the police suspect intoxication. The police will do this to err on the side of caution and get you off the road, even if your blood alcohol results come back under the legal limit.
Yes. DUI is generally used if you are a minor and have any detectable quantity of drugs or alcohol in your system, but are not drunk. If you have any alcohol in your system and are under 21, for example, you will still be arrested. You will not be jailed, but will be arrested at the scene and held until another person (such as a parent) can pick you up.
A Class B DWI comes into effect if you are 21 or older and your BAC is between 0.08% to 0.14%. If your BAC is 0.15% or above (nearly twice the legal limit), you will be charged with a Class A DWI.
That is not typical. However, if you are a juvenile, that is, between the age of 10 and 16, your school will be notified, and your parents will be notified once you are booked into juvenile detention.
While your employer will not usually be notified directly, your arrest does create an arrest record that is made public and sold to data brokers. This means that if your employer runs a background check, your arrest will come up. This can create a problem, especially for professionals such as nurses, doctors, chiropractors, dentists, and so on, who are seeking a promotion or other types of career advancement.
Possibly. For example, if you’re a police officer and you’re convicted of a DWI, this will likely end your career. But in many other cases, and depending on your employer and your line of work, handling your DWI arrest correctly and being honest with your employer about your case can help you minimize its impact on your career.
DWI is one of those offenses that’s quite common, and almost everybody knows someone who’s had a DWI. School teachers, judges, and pastors can all easily wind up with one. It’s a very common offense, and as a result, there can sometimes be more tolerance and understanding for a DWI conviction, especially if your line of work does not include professional licensing.
If you hold a professional license, a DWI conviction can have more serious impacts. For example, if you’re a nurse and you get a DWI conviction, this could be referred to the Board of Nursing, which may conduct its own inquiry into your license.
In Texas, you could also catch a Texas Peer Assistance Program for Nurses (TPAPN) endorsement, aimed at helping you get assistance with a possible substance abuse issue.
As a DWI defense attorney with years of experience in Texas, I know exactly how your licensure and career are likely to be impacted by a DWI. As a result, I can help you get out ahead of your charges and even refer you to programs that could help protect your professional future.
It is possible to have your driver’s license suspended before you’re even convicted. For example, if you refuse a breath or blood test, under Texas’s implied consent law, your license will be immediately suspended.
If you agree to a BAC test or the police get a warrant and your results are above the 0.08% legal limit, your license will be suspended, as well.
However, once your case is filed, if you are offered a plea for deferred conviction, this will prevent a DWI conviction, prevent a second conviction-triggered license suspension, and allow you to avoid the $3,000 fee that accompanies the required license renewal.
In many cases, yes. Even in cases that seem very clear-cut, alternatives to a DWI conviction may still be possible. For example, a type of community supervision known as “deferred adjudication” can prevent a conviction as well as a driver’s license suspension.
Your attorney will also look at the background of your case and may be able to negotiate with the prosecutor or the judge to see your charges lowered or dropped.
Some counties in Texas also allow pre-trial diversion for DWI. This will result in a probation-like period and will require you to complete a DWI diversion program, after which your case is dismissed and the record of your DWI can be expunged, erasing it from your criminal history.
In other cases, DWI court may be an option, helping you get help for a serious addiction issue, and allowing you to move forward on a better legal and personal footing.
Be aware, however, that if your BAC is found to be .15 or higher when you are arrested, you will be charged with a Class A Misdemeanor and deferred adjudication will not be an option, even if this is your first DWI.
Your defense attorney can best help you if you are truly, brutally honest with them about your arrest. The more information your lawyer has, the better they can strategize and seek out information or legal options that can help your case.
Your attorney may get to work seeking to get the charges against you lowered or dropped entirely. Alternatively, if it’s clear based on objective evidence that you were far above the legal limit, your lawyer can help you sign up for AA, sign up for rehab, or take other steps that can help show a prosecutor that you’ve learned from your mistake and are getting the help you need.
This makes honesty with your attorney absolutely critical. And because I realize that it may be difficult to tell me everything that happened at our first meeting, I’ll get back to you repeatedly, make sure we’re interacting regularly, and help you deepen your relationship with our firm. The deeper and more honest the relationship is, the better I can help you.
The truth is, many lawyers can help you get a deferred conviction, but not every lawyer cares about your future. There’s a huge difference between 20 hours of community service, 12 months of probation, and 18 months of probation. The differences matter to you, and they matter to me, as well.
If the case warrants it, I’ll go to war for you over community service, as well. Because, let’s be honest, 20 hours of community service at an animal shelter will take up a lot of weekends. But to make that happen, I will have to talk with you, get to know you, and spend time with you as a client.
If you can trust me with your case and be honest with me about the background of your arrest, I can work hard for the results and the legal outcome you need and deserve.
For more information on the impacts of a DWI conviction on jobs in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (972) 427-5473 today.