Bryan & College Station DWI Attorneys

45+ Years of Combined Criminal Defense Experience

Facing a driving while intoxicated (DWI) charge is stressful – a conviction can affect every aspect of your life. You should contact an attorney immediately to ensure your rights are protected throughout the entire process.

At Rodriguez & Gimbert, our Bryan and College Station DWI lawyers have handled numerous cases for our clients and offer the representation you need to reach a favorable outcome in your case. Our firm serves all of Brazos County.

We are always available to assist you. Please call our office at (979) 559-3599 or contact us online to speak with a DWI attorney serving Bryan & College Station.

What are the Penalties for DWI?

Texas law defines DWI as operating a motor vehicle with a blood alcohol content (BAC) of .08% or higher or while intoxicated by drugs or alcohol. The penalties for conviction depend on the situation, blood alcohol content (BAC), and whether there are any prior convictions.

For example, if an accident or injury was caused or the defendant has several prior convictions, the charges and penalties will be more severe.

The criminal penalties for first-time DWI may include:

• 72 hours - 6 months in jail, 1 year for BAC of .15% or higher
• Fines of $2,000 - $4,000
• Loss of driver license up to a year
• Probation
• Community service
• Mandatory participation in a DWI education program

The criminal penalties for a second DWI may include:

• 30 days - 1 year in jail
• Fines up to $4,000
• Loss of driver license up to two years.
• Probation
• Community service
• Mandatory participation in a DWI education program

The criminal penalties for a third DWI may include:

• 2 years - 10 year in jail
• Fines up to $10,000
• Loss of driver license up to two years.
• Probation
• Community service
• Mandatory participation in a DWI education program

Administrative Penalties for DWI

In addition to criminal penalties, there are administrative penalties that affect your driver’s license. If you fail or refuse a chemical test, the arresting officer will confiscate your driver’s license and issue a Notice of Suspension. You have 15 days to request a hearing or your license will remain suspended for 90 days.

When you request the hearing, you may continue to drive until a decision is made in the hearing. Our Bryan and College Station DWI lawyers can explain your options, including your eligibility for an occupational license.

Field Sobriety Tests

If you are pulled over for a DUI, the officer is going to perform one of the 3 Standardized Field Sobriety Tests (SFST):

• Horizontal Gaze Nystagmus (HGN) test - In this test the officer will observe the eyes of the person in question as they slowly move a pen back and forth to look for signs in their eyes that the person is impaired.
• Walk-and-turn test - In this test, the officer instructs the person to walk nine steps in a straight line and the return back. The officer is looking for signs that the person is impaired such as not being able to keep their balance or not following the instructions properly.
• One-leg stand test - In this test, the officer instructs the person to stand with one foot in and hold it for about 30 seconds or until told to put it down. The officer looks for signs of impairment such as swaying, hoping or using their arms to balance.

What is Texas’s Implied Consent Law?

The implied consent law in Texas states that, if you are arrested by an officer for suspected driving while intoxicated, you automatically consent to chemical tests to determine your blood alcohol content (BAC). You have the right to refuse these tests but that will lead to following penlaties:

• First Refusal: 180 days license suspension
• Second Refusal: 2 year license suspension
• Third Refusal: 2 year license suspension

Can I Get a DWI Charge Expunged?

If you are a first-time DWI offender whose breath &/or blood test came in below 0.15% and your DWI did not involve another person or result in a car accident, you may be eligible for DWI expungement in Texas. If you are looking to eliminate a DWI charge, contact our firm for your free consultation.

Call Rodriguez & Gimbert, P.L.L.C. for Knowledgeable, Aggressive Legal Representation

If you or a loved one has received a DWI, proper representation requires an attorney experienced with the state laws and local courts. Our law firm was established in 2001, and our DWI attorneys in Bryan and College Station have strong relationships with judges and prosecutors in local courts. We have represented numerous clients charged with DWI and other alcohol-related offenses.

Contact Rodriguez & Gimbert, P.L.L.C. online today or call (979) 559-3599 to discuss your case with our Bryan & College Station DWI lawyers.