First offense - DWI in TX

[Texas622]

I recently made a HORRIBLE mistake and drove under the influence and got arrested and blew over a 0.2. I know in Texas if you blow 0.16 or higher there seem to be larger implications/penalties invloved. I don't speak with my lawyer for a few days but I've been doing some research online and getting a little freaked out.

If you blow over a 0.16 do you automatically have to pay $2,000 a year for 3 years to drive after your suspension or is this something your attorney can normally get you down inthe ALR hearing to $1,000 per year for 3 years?

What are some of the other things I can expect or at the very most hope my lawyer can get me? Any advice would be great so I don't continue to have a panic attack.

Thanks in advance to anyone who is able to comment.

[HighwayMan]

Why don't you just speak to your attorney? That's what you are paying him for.

Hopefully he knows more about the law, and especially about your particular situation, than anyone here does and can help you more.

[CavemanLawyer]

A breath test of .16 or greater has two implications. It increases the amount of the DWI surcharge as you mentioned and it also requires mandatory interlock if you receive probation.

Whenever you are convicted of DWI you are assessed a DWI surcharge of $1000 each year for three years. For a second DWI the surcharge becomes $1500 for three years. If you blow a .16 or greater, the surcharge is $2000 each year for three years.

If the breath test is plead in the information (the charging instrument) and you are convicted and placed on probation, then the Court is required to order mandatory interlock on your vehicle.

None of this has anything to do with the ALR hearing. That is the administrative hearing separate from the criminal case. It is the hearing where the State must prove (if challenged) that proper procedures were followed and that the person either refused to provide a specimen of breath/blood or that their BAC was over the limit. If they do so then there is an administrative suspension placed on the drivers license. This does not invoke the surcharge, interlock or anything else. All it does is suspend the license for a set period following arrest. The actual level of the breath test (ex: above .15) does not have any implication until the case is disposed of.

It is not uncommon for a prosecutor to abandon the paragraph alleging the breath test amount as part of a plea. Your attorney will just have to see what kind of a deal he/she can obtain.

[garrula lingua]

For non-Texans: points are assigned against your driver's license in most states for DUI/DWI.
Texas uses a surcharge against your driver's license, instead of any points for DWIs.
If you don't pay the surcharge within a certain amt of time (?30 days?), then your driver's license is suspended (even after the 90 day to one-year suspension that is part of the DUI sentence).