In Texas and throughout the rest of the country, it’s against the law to drive under the influence of alcohol or drugs to the extent their driving ability is impaired, including lawfully prescribed medications. In each state, drivers are “legally intoxicated” if they drive with a blood alcohol concentration (BAC) of .08% or above.
While anyone can be arrested, and charged with driving while intoxicated (DWI) with a BAC of .08%, drivers can be arrested for DWI regardless of their BAC as long as the state can show that the driver’s ability to operate a motor vehicle was impaired. What does this mean to drivers? It means it is possible to be charged with DWI, even if they had a low BAC!
Since everyone reacts to alcohol differently, some drivers will be charged with DWI, even though they had little to drink. Often, alcohol can have a more profound effect on small individuals, and drivers with a low tolerance to alcohol.
Standard Penalties for a First DWI in Texas
If you are arrested for your first DWI offense in Plano, Dallas, or anyplace else in Texas and nobody else was injured or killed, you’d face the following penalties:
- Up to 180 days in jail
- A maximum fine of $2,000
- Up to one year loss of driver’s license
- Annual fee of up to $2,000 for three years to keep your license
What if My Children Were in the Car?
If there were children in your vehicle at the time of the DWI stop, the state can charge you with child endangerment for driving under the influence of drugs or alcohol while transporting children under the age of 15-years-of-age. DWI with a child passenger is a separate offense, punishable by:
- A fine not to exceed $10,000
- Up to two years behind bars
- Loss of driver’s license for 6 months
Were you arrested for DWI while you had child passengers in your vehicle? If so, you could be facing serious repercussions if the state charges you with child endangerment. To defend yourself and protect your family, contact our firm to schedule a consultation with a Plano DWI attorney. We are on your side and here to help!