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As if Texas DWI laws weren't harsh enough, new stricter DWI laws went into effect September 1, 2011.
Previously, if you were a first-time DWI offender where no one was injured and there were no children present, then the offense was a Class B misdemeanor, which bears far fewer penalties than a felony. This Class B misdemeanor was regardless of what your alcohol level was. However, as of September 1, if you're arrested, even as a first-time offender, with a blood alcohol level of .15 and higher you will be charged with a Class A misdemeanor.
Let's clarify the differences between a Class A and B misdemeanor. A Class B misdemeanor DWI conviction ranges in punishment from 72 hours to 180 days in jail and/or up to a $2000 fine. With the enhanced Class A misdemeanor DWI conviction, a person faces a minimum of five days to 365 days in jail and/or a $4000 fine.
Furthermore, any defendant convicted of a DWI with a blood alcohol concentration of a .15 or higher is required to install an ignition interlock device in their car. As you can see, this new distinction heavily increases the penalties of a DWI, even for a first-time offender. And, if you're not a first-time DWI offender, the punishments increase steadily depending on how many offenses you have.
Also note that many holiday weekends are now being called “No Refusal” weekends, where cops can administer a breathalyzer test or order a blood sample if they suspect you're driving drunk. In San Antonio alone they're reporting that at least half of the blood samples they've taken this year have a blood alcohol level of .16 or higher, which means that all of those drivers are now being slapped with a Class A misdemeanor.
Know the laws before you go out drinking, and, remember, you can always give me a call if you need a Houston DWI lawyer.