DWI

DWI Law Attorney iN Edinburg, TX

Over a Decade of Experience Defending Drivers in McAllen and Hidalgo County

One of the most common driving-related crimes is driving while intoxicated. If this is your first offense, you may be able to argue for more lenient or reduced penalties. Nonetheless, the sooner you obtain legal representation, the sooner you can build an effective defense and get out of your legal predicament. Even if you only have to spend a few days behind bars, you might have your license revoked for months, leaving you off the road and without your driving privileges.

Attorney Jorge Muñoz has been defending drivers in Texas for over a decade. He takes an educational approach to his legal practice, so he will pay special attention to explaining all the laws and legal processes relevant to your DWI case. From there, he will work one-on-one with you to craft a compelling defense option that meets your needs and goals as a driver.

Schedule a free consultation with Muñoz Law Group to learn more about how the firm can help you with your DWI charge. Bilingual Spanish services available.

What Is Considered “Driving While Intoxicated?”

In Texas, a crime of DWI, or driving while intoxicated, is when a driver operates a motor vehicle while they have a blood alcohol concentration (BAC) of .08% or more or while they are intoxicated by drugs or alcohol to the extent that the substances impair the person’s normal use of their mental or physical faculties. Drivers under 21 years of age can be charged with DWI merely for having any detectable amount of alcohol in their system according to the state’s “zero tolerance” laws.

Note that actually driving while intoxicated is sufficient for a conviction, but it isn’t required. Merely being in control (“operating”) a vehicle with substances in your system could warrant a DWI charge.

Penalties and Sentencing for DWI

The penalties upon conviction for DWI will primarily depend on how many prior convictions you have:

  • 1st offense – 72 hours to 6 months in jail; up top $2,000 in fines; 90 days to 12 months of license suspension
  • 2nd offense (within 10 years) – 30 days to 12 months in jail; up to $4,000 in fines; 180 days to 2 years of license suspension; 1 year of ignition interlock device (IID) use
  • 3rd offense (within 10 years) – 2-10 years in jail; up to $10,000 in fines; 180 days to 2 years; 1 year of IID use

The maximum jail time for a first offense increases to 12 months and the maximum fine to $4,000 if you had a BAC of .15% or more. Additionally, first offenders may obtain an “occupational license” that grants them limited driving privileges (only being allowed to drive to work or school, for instance), but you will need to obtain an IID.

Commonly Asked Questions

What are the consequences of a DWI conviction in Texas?

In Texas, the consequences of a DWI conviction can be severe and vary based on the number of prior offenses. For a first offense, you could face 72 hours to 6 months in jail, fines up to $2,000, and a license suspension ranging from 90 days to 12 months. If you have a second offense within 10 years, the penalties increase significantly, with potential jail time of 30 days to 12 months, fines up to $4,000, and a longer license suspension of 180 days to 2 years. A third offense can lead to 2-10 years in prison and fines up to $10,000. Additionally, first-time offenders may be eligible for an occupational license, allowing limited driving privileges.

How does Texas define 'intoxication' for DWI charges?

In Texas, intoxication for DWI charges is defined as having a blood alcohol concentration (BAC) of .08% or higher, or being impaired by drugs or alcohol to the extent that it affects your mental or physical faculties. This means that even if you are not actively driving, being in control of a vehicle while impaired can lead to a DWI charge. For drivers under 21, any detectable amount of alcohol can result in a DWI charge due to the state's strict 'zero tolerance' laws. Understanding these definitions is crucial for anyone operating a vehicle in Texas.

Implied Consent in Texas

Texas also implements “implied consent” laws like many other states that require drivers lawfully arrested for a DWI to submit to a breath or blood test. If you refuse to test, you could face licenses suspension for 180 days for a first offense and 2 years for a subsequent refusal within 10 years. 

If you are facing DWI charges, reach out to an experienced DWI attorney for legal representation. It is in your best interests to enlist the help of a lawyer before talking to the cops or doing anything that risks incriminating yourself. Attorney Jorge Muñoz will inform you of your rights and options for legal recourse, and he will do his best to help you get back on the road as soon as possible.

Schedule a free consultation with Muñoz Law Group online to learn more. Spanish services available. Representing drivers in McAllen and Hidalgo County.

Contact me online or at 956-304-5566
to request a free consultation.
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Jorge Muñoz
“I chose a career in law to pursue the opportunity to help others in a time when they are searching for guidance.”
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Attorney Muñoz views his role in the attorney-client relationship as a helper, available to guide clients through any potential issue to leave them in the best position possible to protect their rights and best interests.

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