Odessa DWI Lawyer

Fighting DWI Charges for Drivers Across West Texas

DWI (driving while intoxicated) is covered under Texas Penal Code Title 10 Chapter 49 Intoxication and Alcoholic Beverage Offenses. While this title only mentions alcohol, DWI also includes driving with impaired mental or physical faculties due to alcohol, controlled substances, drugs, or a combination of these in your system. When arrested and charged with DWI, you must take the matter seriously because law enforcement, as well as prosecutors, will exercise all of their abilities to convict and punish you. 

While it may seem that they hold all the cards, DWI is a complicated offense that can be attacked on many different points, from why you were pulled over in the first place to how police conducted testing, the effectiveness and maintenance of the testing equipment, and more. At Chriesman Law, PLLC, our Odessa DWI attorney understands all the legal, technical, scientific, and even health issues that can undermine the state’s case against you. As a former Texas state prosecutor, Shane Chriesman has the depth of understanding you need in devising strategic defenses against the other side. 

Discuss your case directly with our Odessa DWI attorney in a free case evaluation. Connect with Chriesman Law, PLLC via email or at (432) 302-5590 to learn more. 

DWI in Texas

You will automatically be charged with DWI if your blood alcohol concentration (BAC) measures .08 percent or higher. You can also be charged even in your BAC is lower than this if you are deemed to be physically or mentally impaired due to drugs or alcohol. Furthermore, you can be arrested for DWI even if you were not actually moving down the road. Under the law, if you were “operating” your vehicle, which means enabling its use, you can be arrested for DWI. For example, sitting behind the wheel with the keys in the ignition could be considered to be enabling the use of your vehicle.

DWI Penalties

DWI penalties will depend on various factors, such as whether this is a first offense or a subsequent one, whether your BAC measured .15 percent or more, whether you were driving with a minor under the age of 15 in your car, and whether you caused an injury accident. 

Penalties for a first-offense DWI can include:

• 72 hours up to six months in jail
• Fines of up to $2,000 
• License suspension of 90 days up to a  year
• An ignition interlock device installed in your vehicle if granted an “occupational” license
• Probation
• Potential alcohol/drug abuse educational program

Additional financial consequences will generally include a spike in your auto insurance, problems obtaining new car insurance, loss of your job in some cases, and difficulty finding new employment. Furthermore, DWIs cannot be expunged from criminal records at a later date. 

Jail time and fines will be increased if your DWI was “aggravated” by having a BAC above .15 percent. DWI that involves child passengers can result in six months up to 24 months in jail along with a $10,000 fine. 

Second, third, and subsequent DWIs will all result in steeper penalties. For example, a third DWI will result in a third-degree felony charge that is punishable by up to 10 years in prison and fines of up to $10,000