Dealing with a DWI is a frightening experience and therefore because of the penalties involved, a DWI must be handled with tremendous professionalism and expertise. And because every state has specific penalties and consequences related to a DWI, if you’ve been arrested for a DWI, you need a good drunk driving attorney from the initial incident all the way through the proceedings.

The truth is, if your case is not handled appropriately, the consequences in just about every state are high and can have serious costs to you. You could potentially lose your license, your insurance will probably go up, you could be heavily fined, and it could even impact on your employment record. There is even a possibility that you could go to jail. The penalties and consequences are determined by several factors in the case such as whether you refused a breathalyzer test, if you had a previous DWI within the past seven years, if your BAC was greater than .08%, if you were speeding in excess of 20 miles per hour and if there was a minor in the automobile when the accident occurred. Even if you took the blood test and breath testx you could face license suspension or license revocation if the test results exceeded your states regulations.

Did you know that there are approximately 20 different aspects that come with a DWI? We at Dallas DWI do everything we can to get you off, keep your record clean and prevent you from losing your license to drive. In other words, we start by believing that you shouldn’t have been arrested, so with that uppermost in our minds, we fight for you. When you place yourself in the hands of the knowledgeable DWI attorneys at Dallas DWI, you know you will be treated fairly and will receive the best defense possible. We understand how important a good defense is to your case and therefore we do everything to protect your rights. Contact us today and let us help.

A District Attorney is willing to use all the legal points that are available to build a case against you and the law gives him or her plenty of ammunition. The DA only needs to prove that you were not able to drive your car safely after you were drinking and that your blood alcohol concentration exceeded the limit. Since the officer at the scene of the accident determined that your driving was impaired, you were inebriated and that you were not able to walk a Dallas line, the DA already has plenty to use against you. However, there’s a lot more to a DWI than that, which means it’s important to know what your legal rights are concerning drunk driving incident. A DWI lawyer is equipped with the expertise in this area of the law so they are the ones who can help. Therefore, if you have been charged with drunk driving, contact one of our highly knowledgeable and experienced DWI attorneys at Dallas DWI and let us sort out your situation immediately. Call or e-mail us today.

Points system

The Driver Responsibility law (in House bill 3588) establishes a system that assigns points to moving violations classified as Class C misdemeanors and applies surcharges to offenders, based on the type of offense and the time period in which the citation was received. For each conviction, DPS will assign points to a person's license as follows:

• Two points for a moving violation conviction in Texas or that of another state.
• Points will not be assigned for speeding less than 10% over the posted limit or seat belt convictions.
• Three points for a moving violation conviction in Texas or another state that resulted in a vehicle crash.

Points remain on the driver record for a period of three years. Additionally, a conviction that becomes final before September 1, 2003, will not apply to the assessment of points under the program. This program does not replace other administrative suspension, revocations or cancellation actions that result from these same convictions.

Driver surcharges

DPS will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The driver must pay a $100 surcharge for the first six points and $25 for each additional point.

Annual surcharges for certain convictions

Drivers who receive a conviction for DWI or a DWI-related offense, failure to maintain financial responsibility or driving while license invalid will pay an annual surcharge for a period of three years. No points are placed on driver records for these offenses because the fine is automatic on the first offense.

A first-time DWI results in a $1,000 surcharge, paid annually for three years. A second-time DWI results in a $1,500 surcharge, paid annually for three years. The charges are cumulative. For example a driver could pay $1,000 as a result of their first DWI and an additional $1,500 for their second DWI, paying a total of $2,500 annually.

A conviction for driving while license is invalid or failure to maintain financial responsibility results in a surcharge of $250, paid annually for three years. A driver who is convicted of driving without a valid license receives a $100 per year surcharge for three years.

The surcharge assessed for this program is in addition to other reinstatement fees required for other administrative actions.

Driver notification of surcharge and license revocation

DPS will notify the offending driver of the assessment of a surcharge on their license, via first-class mail. The notice will state the surcharge must be paid. Drivers who do not pay their surcharge within 30 days after the notice is sent will have their driving privileges revoked. The license will remain revoked until the person pays all surcharges and related costs, such as service/collection fees.

Who receives money from the surcharges

Each surcharge collected by the department under this law will be remitted to the Comptroller, on a monthly basis. Trauma centers and county and regional emergency medical services will receive 49.5 percent of the collected money, and the Texas Mobility fund will receive 49.5 percent of the collected money. The money that goes to trauma centers will be handled by the Texas Department of Health, while the Texas Department of Transportation will handle money going to the Mobility fund, which funds highway projects, including the TransTexas Corridor. The remaining one percent of the collected money will go to DPS for operation of the Driver Responsibility program.

The Driver Responsibility Program was passed into law as part of House bill 3588, article 10. (The text of the law is located at http://www.capitol.state.tx.us, page 152 of the Adobe text version.)

Overview

ALR went into effect on January 1, 1995. This program is the administrative process by which the Department suspends the driver licenses of individuals who are arrested for the offense of driving while intoxicated (DWI). Specifically, an individual may be suspended if he/she either refused to submit to a chemical test or provided a specimen with an alcohol concentration of 0.08 or greater. The DPS is also authorized to suspend the driver licenses of minors who commit the offense of driving under the influence (DUI).

The Texas Legislature recently enhanced the program by amending the governing statutes to require that the arresting officer confiscate the offender's Texas driver license upon service of a Notice of Suspension and issue a 40-day temporary permit. In addition, the amendments provided for increased suspension periods, as well as a suspension for individuals who refuse to provide a specimen following an arrest for the offense of boating while intoxicated (BWI).

Mission

The ALR program was designed to suspend the driver licenses of dangerous drivers in a swift and sure manner.

Funding

The ALR program is supported entirely by state funds. To date, no federal funds have been received by DPS to administer the program.

Personnel

The ALR Legal Section consists of 53 employees, including 44 attorneys and 9 support personnel. For staffing purposes the state is divided into six regions, with regional offices located in Austin, Houston, San Antonio, Garland, Fort Worth and Lubbock. Each region is managed by a Field Supervising Attorney who is responsible to the Director of Legal Staff for the operation of personnel and activities in that region. The program also has satellite offices in Waco, Bryan, Corpus Christi, McAllen, Tyler, Midland, Amarillo and El Paso.

The staff attorneys stationed in each office prepare and prosecute administrative hearings before the State Office of Administrative Hearings (SOAH). These attorneys also respond to appeals by defendants, which are filed in the County Court at Law in the county of arrest. In addition, the ALR staff occasionally assists with Expunction hearings.

How the Law Works in Texas

Adult Offenders

A law enforcement officer determines that there is a reasonable suspicion for an initial traffic stop of a motorist. After contact with the individual is initiated, the officer develops probable cause to arrest the person for DWI. Specifically, if the officer has reason to believe that the driver is impaired, a set of field sobriety tests may be administered. If the driver performs poorly, the driver is arrested for DWI and transported to the police station.

At the station, the driver is asked to submit to a chemical test to measure his/her alcohol concentration. Usually, the individual is asked to take a breath test, although the officer may request a blood specimen. If the driver refuses to provide a specimen, or provides a specimen with a prohibited alcohol concentration, the officer serves the individual with a Notice of Suspension and confiscates the driver license.

Offenders Under 21 Years of Age

As with adult offenders, a law enforcement officer must have reasonable suspicion to conduct a traffic stop. However, a full custodial arrest is not required for a DUI offense, but is permitted, according to the officer’s discretion. Once the officer determines that the individual is under 21 years of age, and has reason to believe that he/she has consumed alcohol, two distinct methods of enforcement are possible.

In less serious cases, the officer will issue the driver a citation for DUI, serve the individual with a Notice of Suspension and confiscate the driver license. The minor will not be placed under arrest and no chemical test will be requested. Alternatively, the officer may proceed with a custodial arrest procedure if he believes that the individual is seriously impaired. Field sobriety tests may be administered and the minor will be arrested (or taken into custody) and transported to the police station. The driver may be asked to submit to a chemical test to measure his/her alcohol concentration. If the minor refuses to provide a specimen or provides a specimen with any detectable amount of alcohol, the officer will issue a citation for DUI, serve the individual with a Notice of Suspension and confiscate the driver license. Of course, the officer may arrest the minor for the more serious offense of DWI if the circumstances warrant such a charge.

Regardless of age, the driver has 15 days from the date the Notice of Suspension is served to request a hearing. If no hearing is requested, the suspension automatically goes into effect on the 40th day after notice was served. If the individual requests a hearing, the temporary driving permit remains in effect until the date of the final decision of the administrative law judge. The driver is required to pay a fee of $125 to reinstate the license after the suspension period expires.

Hearing Procedures

The ALR hearing is conducted at a location designated by SOAH in either the county of arrest (if the arrest occurred in a county with a population in excess of 300,000) or within 75 miles of the county seat of the county of arrest. Alternatively, both parties may agree to hold the hearing by teleconference. The hearing is conducted by an Administrative Law Judge (ALJ) employed by SOAH and the DPS has the burden of proof by a preponderance of the evidence. If the judge makes an affirmative finding on all the relevant issues, the license is suspended.

Adult Offenders

If the driver failed the breath or blood test, the ALJ must determine whether (1) the person had an alcohol concentration of 0.08 or greater while operating a motor vehicle in a public place; and (2) reasonable suspicion to stop or probable cause to arrest the person existed.

If the driver refused to submit to a chemical test, the ALJ must determine whether (1) reasonable suspicion or probable cause existed to stop or arrest the person; (2) probable cause existed to believe that the person was operating a motor vehicle in a public place while intoxicated or operating a watercraft powered with an engine having a manufacturer's rating of 50 horsepower or more while intoxicated; (3) the person was placed under arrest by the officer and was requested to submit to the taking of a specimen; and (4) the person refused to submit to the taking of a specimen on request of the officer.

Offenders Under 21 Years of Age

If a chemical test was not requested or if the driver provided a specimen with any detectable amount of alcohol, the ALJ must determine whether: (1) the person is a minor and had any detectable amount of alcohol in the minor's system while operating a motor vehicle in a public place; and (2) whether reasonable suspicion to stop or probable cause to arrest or take the minor into custody existed.

If the driver refused to submit to a chemical test, the ALJ must determine whether; (1) reasonable suspicion or probable cause existed to arrest or take the minor into custody; (2) probable cause existed to believe that the minor was operating a motor vehicle in a public place while intoxicated or while having any detectable amount of alcohol in the minor's system or operating a watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above while intoxicated; (3) the minor was placed under arrest or taken into custody and was requested to submit to the taking of a specimen; and (4) the minor refused to submit to the taking of a specimen on request of the officer.

An individual whose license has been suspended following an administrative hearing may appeal the decision rendered by the ALJ. The petition must be filed within thirty days of the decision in the county court in the county of arrest. A properly filed appeal petition stays the suspension for first offenders for up to ninety days.

Periods of Suspension

Penalties for Adults

Refused to provide a specimen following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance:

180 days First offense

2 years, If previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest

Provided a specimen with an alcohol concentration of 0.08 or greater, following an arrest for an offense under Section 49.04, 49.07, or 49.08, Penal Code, involving the operation of a motor vehicle:

90 days First offense

1 year If previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest

Penalties for Offenders Under 21 Years of Age

Refused to provide a specimen following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance:

180 days First offense

2 years If previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest

Provided blood or breath specimen with an alcohol concentration of 0.08 or greater, (or any detectable amount of alcohol) or was not requested to provide a specimen following an arrest for an offense under Section 106.041 Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08, Penal Code, involving the operation of a motor vehicle:

60 days First offense

120 days If previously convicted of an offense under Section 106.041, Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08 Penal Code, involving the operation of a motor vehicle

180 days If previously convicted twice or more of an offense under Section 106.041, Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08 Penal Code, involving the operation of a motor vehicle

HB 5 makes it a Class C misdemeanor to have open containers of alcohol in the passenger compartment of a motor vehicle. The new law also increases penalties for repeat DWI offenders. If a second DWI conviction takes place within five years, there is an automatic one-year driver license suspension-and the driver must have an ignition interlock installed on their vehicle for the year following the suspension. During the suspension, the offender is not eligible for an occupational license.

HB 63 increases the driver license suspension period for a person who refuses to take the breath test or fails the breath test--and requires the arresting officer to confiscate their driver license on the spot. The suspension periods and enhanced punishments for repeat offenders were also increased. For example, for a first offense, the suspension period for refusing a breath test will double from three months to six months. HB 63 also applies the Administrative License Revocation (ALR) laws to boating while intoxicated if the suspect refuses a breath test.

SB 399 prohibits children under 18 from riding in the back of a pickup or flatbed truck. There are several notable exceptions, including if it is the only family vehicle or it is a government-sanctioned hayride. (The old law applied to children under 12 years of age, and only if the vehicle was traveling more than 35 miles per hour.

SB 113, which:

Requires children under age 4, or less than 36 inches, to be restrained in an approved car seat. (The old law required car seats for children under 2 years of age.) Requires all children ages 4 through 16 years old to use seat belts anywhere in the vehicle. (The old law only required seat belts for those 4 through 14 years old.) Specifies that all seat belt laws apply to trucks (including one-ton pickups).

SB 215 and HB 2798 both increase the penalties for fleeing and evading arrest in a motor vehicle. A first offense is now a state jail felony as opposed to a Class A misdemeanor. (SB 215 also outlines provisions for testing suspects for communicable diseases if an officer is exposed to bodily fluids during certain arrests.)

HB 299 authorizes the Texas Transportation Commission to establish a daytime speed limit of 75 miles per hour on highways located in counties with a population density of less than 10 persons per square mile.

SB 968 establishes a six-month driver license suspension for a second conviction of gas theft. A photo of DPS Trooper Darryle Sparks will be posted on gas pumps throughout Texas to remind motorists of the new law and act as a deterrent.

SB 214 abolishes the statute of limitations for leaving the scene of a fatal wreck.

HB 2134 creates a specific offense for operating a motor vehicle emitting excessive smoke, visible for at least 10 seconds.

HB 1544 makes it a Class B misdemeanor to directly solicit business or employment based on information derived from accident records or related records.

The legal driving age in Texas remains 16. However, a graduated licensing bill (SB 577) goes into effect January 1, 2002.

The texts of these bills can be found at www.capitol.state.tx.us. Select the enrolled version.