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DWI Cases

Driving While Intoxicated (DWI)

  • If you are stopped for a DWI offense the first thing you should know is that you have the right to refuse ALL field sobriety tests, including breath or blood sample.   If you choose to consent to any of these test, you are only giving the State evidence against yourself.

  • If you are arrested for a DWI offense your driver’s license will be taken from you either for refusing to give a breath or blood sample or for failing one of these tests after providing a sample (Note: “failure” means that a breath testing machine gave a blood alcohol content reading of .08 or higher).  You will have 15 days to request an administrative license revocation hearing, at which you would be able to contest the license suspension.   Your license can be suspended for either 90 or 180 days.

  • If convicted of a DWI OFFENSE, the Texas Department of Public Safety through the Driver Responsibility Program can impose surcharges on you.  The surcharge will range between $1000 to $2000 each year for three years.

In order to convict someone of a DWI OFFENSE the state must prove:

1. That the person was operation a motor vehicle (including a boat) while intoxicated through the introduction of alcohol or another drug into the body.
2. The state can also try to convict based on a breath or blood test score (blood alcohol level) of .o8 or more.

DWI 1st

  1. Your first DWI is a Class B misdemeanor.  If convicted of a class B misdemeanor offense, it carries a maximum penalty of up to 180 days in county jail, and up to a $2,000.00 fine.


  1. A DWI OFFENSE 2nd is a Class A misdemeanor.  If convicted of a class A misdemeanor, the punishment can be up to 1 year in county jail, and up to a $4,000.00 fine.   If you are released on bond the law requires that a person, with a pending DWI OFFENSE 2nd or higher, must have an ignition interlock device installed in their vehicle or home.  This device is installed at the expense of the Defendant and can be very costly.


  1. In the State of Texas, persons with three or more DWI OFFENSE will be charged with a third degree felony.  The punishment ranges from 2 to 10 years in prison, and up to a $10,000 fine.  Depending on your priors, and the facts of your case, I’ll either negotiate a plea that you agree to, or set your case for trial.

If you are facing DWI charges,


Law Office of Leslie J. Boykin, P.C.
609 West 9th Street
Austin, Texas 78701

Phone: 512-912-9977
Fax: 512-777-2983
Email: Leslie@LeslieBoykinLaw.com

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