DWIIn Texas the charge of DWI, Driving While Intoxicated, has become essentially two separate and distinct issues, that are both criminal and civil in nature. Upon your being charged with DWI, the Texas Department of Public Safety will begin proceedings to revoke your drivers license as provided by law. This is in addition to the criminal charge. You have a very limited window (fifteen days) of opportunity to challenge these administrative revocation proceedings. The criminal proceeding is the other prong of the issues arising from your arrest. "First Offense DWI" can result in a punishment of a fine not to exceed $2,000.00 and or confinement to the county jail for a term not to exceed 180 days. "Second Offense DWI" can result in a punishment of a fine not to exceed $4,000.00 and or confinement in the county jail for a term not to exceed one year. The first and second offense of DWI are misdemeanor crimes. "Third Offense DWI" or later, is a felony offense, and can result in a fine not to exceed $10,000.00 and confinement in the Institutional Division of the Texas Department of Criminal Justice. As a result of being stopped for DWI, you may be asked to take a test for blood alcohol consumption, frequently a "breath test". You have the right to refuse this test, but the consequences of doing so should be considered should you elect the refuse. If you refuse the test: - Your drivers license can be suspended for a period of 180 days.
- The fact or refusal can be introduced into evidence at trial.
Your decision to take or refuse to take the breath test must be your own, considering the factors, risk and benefits of your decision. Back To Practice Areas | 
