Driving While Intoxicated (DWI)
Murphy & Baker: Your Choice for DWI Defense in Northeast Texas:
At Murphy & Baker Law Firm, our mission as your trusted Texas DWI Defense Attorney is to get your DWI dismissed or reduced, helping ensure your arrest record, fingerprints, and mugshot are removed from public records. We understand how impactful a DWI charge can be on your future, which is why we offer free consultations and flexible payment plans.
Texas law sets the legal limit for intoxication at a .08 BAC (blood or breath alcohol concentration). However, even if your BAC is below this threshold, you could still be arrested if the police believe you are driving while intoxicated. Public perception of drunk driving is often severe, prompting prosecutors to pursue these cases aggressively. But remember-being charged does not equate to being guilty. Every DWI case has unique factors that can be evaluated to challenge the charges. Intoxication in Texas can be based on alcohol or drugs, so a DWI stop sometimes leads to drug possession charges as well.
With over 50 years of combined experience handling DWI and other criminal cases, our legal team can provide you with the insights and defense strategies you need. Don’t settle for an attorney who will simply accept a guilty plea. Contact Murphy & Baker Law Firm anytime, day or night, or even on weekends, at 903-533-9000 to schedule your free consultation and discuss your DWI case with an experienced Texas DWI Defense Lawyer who is committed to fighting for your rights.
| Convinction | Offense Level | Fine | Jail or Prison Sentence | License Suspension |
| First Offense DWI with BAC less than 0.15 | Class B Misdemeanor | Up to $2,000 | 72 hours to 180 days county jail | 90 days to one year |
| First Offense with BAC 0.15 or Over | Class A Misdemeanor | Up to $4,000 | 72 hours to one year county jail | 90 days to one year |
| First Offense with Open Container | Class B Misdemeanor | Up to $2,000 | 6 to 180 days county jail | 90 days to one year |
| 2nd Offense DWI | Class A Misdemeanor | Up to $4,000 | 30 days to one year county jail | 180 days to two years |
| 3rd Offense DWI | 3rd Degree Felony | Up to $10,000 | 2 to 10 years in Texas state prison | 180 days to two years |
| 3rd or More Offense DWI with Prior Prison Sentence | 2nd Degree Felony | Up to $10,000 | 2 to 20 years in Texas state prison | 180 days to two years |
| 3rd or More Offense DWI with 2 Prior Prison Sentences | Enhanced Felony Punishment | Up to $10,000 | 25 years to life in Texas state prison | 180 days to two years |
| Intoxication Assault Resulting in Serious Bodily Injury | 3rd Degree Felony | Up to $10,000 | 2 to 10 years in Texas state prison | 180 days to two years |
| Intoxication Manslaughter | 2nd Degree Felony | Up to $10,000 | 2 to 10 years in Texas state prison | 180 days to two years |
| DWI with Child Passenger (Younger than 15 Years) | State Jail Felony | Up to $10,000 | 6 months to 2 years in Texas state jail facility | 90 days to two years |
NOTE: This chart does not include the possible DWI Superfine that may be imposed as an additional fee in certain circumstances. Upon a “final conviction” for DWI, the court can impose an additional Superfine in the case. Most attorneys agree that a “final conviction” means only jail time, but some courts have issued the superfine even when placing a person on probation. The superfine system also allows the court to waive the superfine for indigent persons (typically documentation is required as proof of indigency).
The possible DWI Superfine is as follows:
- $3,000 for the first conviction within a 36-month period;
- $4,500 for a second or subsequent conviction within a 36-month period; and
- $6,000 for a first or subsequent if it is shown on the trial of the offense that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of .15 or more at the time of analysis.
It is important to talk to an experienced attorney to properly eveluate your case and discuss your options. Call Murphy & Baker Law Firm today at 903-533-9000 to discuss your DWI in Tyler, Texas, Smith County and the surrounding Northeast Texas region.
Most first-time DWIs do not end in jail. See our first offenders guide for diversion programs and deferred adjudication that may apply to your case.
Intoxication Manslaughter
The most serious DWI-related charge in Texas is intoxication manslaughter, a second-degree felony charged when a driver under the influence causes another person’s death. Penalties include 2 to 20 years in prison, fines up to $10,000, and a permanent felony conviction. There is no probation available without a deadly weapon finding being waived by the State.
Murphy & Baker has experience defending intoxication manslaughter cases throughout East Texas. If you or a loved one has been charged, the first 48 hours are critical for preserving evidence and protecting your rights. Call us at (903) 533-9000.
Disclaimer
The information provided on this website is for general informational purposes only and should not be considered legal advice. Viewing this website or communicating through it does not create an attorney-client relationship. An attorney-client relationship is established only through a signed agreement with Murphy & Baker Law Firm, PLLC.
Consultations are available by appointment only.