In Texas, a person could be charged with driving while intoxicated (DWI) if they operate a vehicle while unable to safely control their car because they are impaired by alcohol and/or drugs or have a blood alcohol concentration (BAC) of 0.08 or more. A person under 21 years of age could face a driving under the influence (DUI) charge if they drive with any amount of alcohol in their system. An arrest for DWI or DUI can result in an immediate suspension of a driver’s license. A conviction can lead to fines and/or incarceration. If you have been charged with an alcohol-related driving offense, it is possible to fight it to seek to avoid or minimize penalties.

At The Law Office of Donnie Andreski, P.C., College Station DWI/DUI lawyer Donnie Andreski helps challenge the allegations against his clients. He is a former police officer and detective who uses his knowledge, skills, and unique insights to build robust defenses for his clients. Recognizing the profound effects of a conviction, he takes his time investigating the matter and developing an innovative legal strategy. When you choose Attorney Andreski to represent you, you will have an advocate on your side, ready to do what it takes to protect your rights.

To schedule a free consultation with a talented DWI/DUI attorney in College Station, please call (979) 356-3766 or submit an online contact form.

What Is a DWI in Texas?

Texas’s DWI law is Texas Penal Code § 49.04. It provides that a person is prohibited from operating a vehicle on public roads while intoxicated.

To be intoxicated means that:

• A person’s normal faculties (e.g., judgment and motor skills) are diminished because of the consumption of alcohol, controlled substances, and/or drugs; or
• A person has a blood alcohol concentration of 0.08 or more.

What Are the Penalties for a DWI?

The potential conviction penalties for driving while intoxicated include incarceration, fines, and/or driver’s license suspension. The length of time and amount are tied to the alleged offender’s criminal history and the facts of the case. DWI punishments in Texas include the following:

First offense with BAC of 0.08 or more but below 0.15 (Class B misdemeanor):

• 72 hours to 180 days in jail, or
• 6 days to 180 days in jail (if the driver had an open container of alcohol in the vehicle)
• Up to 1 year of driver’s license suspension
• Up to $2,000 in fines

First offense with a BAC of 0.15 or more (Class A misdemeanor):

• Up to 1 year in jail
• Up to 1 year of driver’s license suspension
• Up to $4,000 in fines

Second offense (Class A misdemeanor):

• 30 days to 1 year in jail
• Up to 2 years of driver’s license suspension
• Up to $4,000 in fines

Third offense (Third-degree felony):

• 2 to 10 years in prison
• Up to 2 years of driver’s license suspension 
• Up to $10,000 in fines

Common College Student Activities and DWIs/DUIs

College Station is home to Texas A&M University. University life offers a variety of events for students. Alcohol might be served at some of these activities, opening a potential for university student DWIs.

Common situations that could lead to a college student DWI include:

• Football games,
• Parties,
• Campfires,
• Expos, and
• BBQs.

Not all university students are 21 years of age or older. Those under 21 can face alcohol-related driving charges for consuming any alcohol at these events. Under Texas’s Zero Tolerance law (Texas Alcoholic Beverage Code § 106.041), persons under 21 can be charged with driving under the influence if they have a detectable amount of alcohol in their system.

A first-time DUI charge is a Class C misdemeanor carrying:

• A fine of up to $500
• 20 to 40 hours of community service
• 60-day driver’s license suspension
• Alcohol awareness class

If you are a university student facing a DWI or DUI charge in College Station, speak with Attorney Donnie Andreski to learn about your legal options.

Is Your Driver’s License Suspended After a DWI/DUI Arrest?

Whether you have been arrested for DWI or DUI, you could face an immediate driver’s license suspension. The arresting officer will direct you to provide a breath or blood sample for analysis. Under Texas’s implied consent law, persons have given implicit permission to participate in the test.

If the analysis reveals that your blood alcohol was 0.08 or over or you had any alcohol in your system if you’re under 21 years of age, the officer will take your driver’s license and issue a temporary driving permit.

The length of time for which you could lose your driving privileges is:

• At least 90 days for a first offense (BAC of 0.08 or over)
• At least 60 days for a first offense (any alcohol in a person under 21 years of age)

You could also lose your driver’s license if you refuse to submit to the chemical test. The suspension period for a refusal is at least 180 days – whether or not you’re of legal drinking age.

To challenge an administrative suspension of your driving privileges, you must request a hearing within 15 days after receiving the notice of suspension. The hearing is separate from your criminal case.

It is concerned with:

• Whether the officer had reasonable suspicion to pull you over and probable cause to arrest you.
• Whether the officer arrested you and directed you to submit to a blood or breath analysis. 
• Whether your alcohol concentration was at or above the legal limit or you had any alcohol in your system (under 21 years of age).
• Whether you refused to participate in the chemical test.

College Station DWI/DUI lawyer Donnie Andreski can represent you not only through your criminal case but also through the administrative hearing.

Talk to an Experienced DWI Attorney

Regardless of whether you participated in field sobriety tests, you failed or refused a blood or breath analysis, or other evidence was collected against you, you can still fight your DWI or DUI charge. Building a strong defense requires a careful analysis of the facts. Attorney Donnie Andreski is ready to review your case and discuss a course of action.

Speak with him by calling (979) 356-3766 or submitting an online contact form.