Texas motorists who are under the influence of drugs or alcohol could be charged with DWI. There may also be a penalty for those who fail to submit to a breath test when asked by authorities to take one. The type of penalties a person may face for a DWI conviction depend on a person’s prior record and circumstances specific to the case. For instance, a charge may be more serious if a child is in the car with an impaired driver.

In such a scenario, an individual could spend up to two years in state prison. The prison time would be in addition to a 180-day license suspension and a $10,000 fine. Enhanced penalties may also apply if a driver has a blood alcohol content of .15 percent or higher. Drivers under the age of 21 may be charged with a DWI if they have a BAC of .02 or higher.

An individual who is convicted of a first-offense DWI could spend up to 180 days in jail. That person would also have to pay up to $2,000 for three years to keep their license. This would occur after his or her license suspension is up, and that could be up to a year after being convicted. Drug and alcohol treatment may also be part of a sentence for an offender.

Anyone who has been charged with a DWI may benefit from having legal assistance. An attorney may be able to help a driver avoid significant penalties such as incarceration or a fine. This may be done by challenging the results of a blood test or the reason for the traffic stop that led to the impaired driving charge. In some cases, this may be enough to obtain an acquittal.