The Law Offices of Jeff McKnight, P.C.

DWI/ DUI
DWI and other intoxication related offenses are the type of allegations that anyone can find themselves accused of. The laws regarding intoxication related offenses, such as DWI, DUI and Intoxication Manslaughter are extremely complicated. Depending on the outcome, a person could be facing jail/prison time, fines, court costs, probation and probation fees, surcharges on driver's license, loss of driving privileges, not to mention that the person could become convicted of a crime (felony is some cases).

  • DWI Conviction Range of Punishment:
  • DWI Conviction Driver License Surcharges:
  • Driver's License Suspension
  • Occupational Driver's License (ODL)
DWI Conviction Range of Punishment:
1st Offense: Class B Misdemeanor 
        punishable by not less than 72 hours or more than 180 days in the county jail and/or a fine not to exceed $2,000;
2nd Offense: Class A Misdemeanor 
        punishable by not less than 30 days or more than 1 year in the county jail and/or a fine not to exceed $4,000;
3rd Offense: Third Degree Felony 
        punishable by not less than 2 years or more than 10 years in prison and/or a fine not to exceed $10,000.

DWI Conviction Driver License Surcharges:

1st DWI Conviction: $1,000 per year for 3 years ($3,000 total);
2nd DWI Conviction: $1,500 per year for 3 years ($4,500 total);
Conviction with Alcohol Concentration 0.16 or greater: $ 2,000 per year for 3 years ($6,000 total)

As one can see, the consequences to a conviction can are sever and long lasting. Contact us and let us assist you and ensure that your rights are protected.

Driver's License Suspension

Administrative License Revocation (ALR)

An arrest for DWI will likely lead to a criminal complaint being filed. In most cases, the arresting officer issues a "Notice of Suspension/Temporary Driving Permit." This is generally because the person arrested refused to submit to a breath or blood test, or did consent to a breath or blood test and the result was an alcohol concentration of 0.08 or greater. This begins a civil action by Texas Department of Public Safety (DPS) to attempt to suspend a person's license.

DPS will automatically suspend a person's license on the forty-first (41st) day after arrest, unless you request a hearing challenging the attempted suspension within fifteen (15) days after the arrest.

There are two important reasons to request an ALR hearing. First, DPS may fail to prove its case, in which case you keep your license until the resolution of the criminal case. Second, you get a preview of the State's criminal case, including discovery of the police officer's reason for the arrest.

Exercising your right to an ALR hearing is time sensitive; therefore contact us immediately so that we can ensure your right and privilege to drive are protected.

Occupational Driver's License (ODL)

If your license is suspended, you may petition the Court for an Occupational Driver's License (ODL). An ODL is a special kind of license that allows you to meet your "essential needs" such as driving to and from work, school, or other necessary household responsibilities. The Court may limit your driving to a scheduled time.

If you drive while your license is suspended, you may be charged with the offense of Driving While License Suspended/Invalid. Additionally, if you violate the conditions of you ODL, you could be charged with the offense of Violation of Occupational Driver's License. If you are charged with Driving While License Suspended/Invalid or Violation of Occupational Driver's License, you could face jail time, fines, court costs, probation fees as well as additional driver's license suspensions and surcharges.

If you are in need of an Occupational Driver's License, please contact us so that we can assist you in minimizing the disruption to your daily life.

Areas of Practice

  • Assault and Battery
  • Capital Offenses
  • Criminal Conspiracy
  • Criminal Law
  • Drivers License Suspension
More

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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The Law Offices of
Jeff McKnight, P.C.
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