Driving While Intoxicated: Understanding Your Charges

Driving under the influence of drugs or alcohol is a serious crime that can have dire consequences. Not only does it risk your own life, but also that of other innocent road users. While it might seem obvious that avoiding intoxication while driving is the safest choice, it’s also important to understand what happens if you’re charged with driving while intoxicated (DWI). This article seeks to elaborate on the subject, providing you with a comprehensive insight into the implications of a DWI charge.

Understanding DWI Charges

If you’re pulled over on suspicion of drunk driving, the police officer will typically conduct a field sobriety test or use a breathalyzer. If you’re considered legally intoxicated, you can be arrested for a DWI. However, even lower BAC levels can result in a DWI charge if your driving is impaired. With that said, you shouldn’t face these charges alone. A San Marcos DWI lawyer, for instance, can help you navigate the complexities of the legal system and work towards the best possible outcome.

Consequences of DWI Charges

A DWI charge can lead to a variety of consequences, ranging from legal penalties to personal and professional ramifications.

Legal Penalties

Legal penalties for a DWI vary based on factors such as the offender’s BAC at the time of the arrest, whether there were any minors present in the vehicle, previous convictions, and if the incident resulted in any injuries or fatalities. Typical penalties include:

  • Fines: DWI offenders usually face significant fines, potentially running into thousands of dollars.
  • License Suspension: The offender’s driver’s license may be suspended for a certain period, or even permanently revoked in extreme cases.
  • Jail Time: For first-time offenders, a DWI might result in short jail time. However, for repeat offenders or if the DWI incident resulted in serious harm, jail sentences can be substantial.
  • Probation: Even without jail time, offenders may be sentenced to probation, requiring them to meet certain conditions such as regular check-ins with a probation officer, completion of a substance abuse program, and avoidance of further legal trouble.

Personal and Professional Ramifications

Aside from legal penalties, a DWI conviction can profoundly impact personal relationships and professional life. It may strain familial and social relationships, as the arrest and subsequent legal proceedings can lead to feelings of shame, guilt, and embarrassment. Professionally, it can lead to job loss, especially for those in positions requiring a clean driving record or a security clearance. Moreover, it may hinder future job prospects as employers often conduct background checks.

Defending Against DWI Charges


The gravity of DWI convictions demands a robust defense strategy. A competent attorney can scrutinize the circumstances surrounding your arrest to identify potential defenses. Some common strategies include:

Challenging the Traffic Stop

An attorney might argue that the officer lacked probable cause to initiate the traffic stop. Police need a valid reason—like a traffic violation or erratic driving—to pull you over. If the traffic stop can be shown as unjustified, any evidence gathered subsequently may be deemed inadmissible in court.

Challenging the Sobriety Tests

Field sobriety and breathalyzer tests are common means to establish intoxication. However, these tests aren’t flawless. Physical conditions, nerves, or even poor instructions can lead to failed field sobriety tests. Breathalyzer machines require regular calibration and correct operation—any misstep here can lead to incorrect results.

Arguing Other Reasons for Impaired Driving

Impaired driving doesn’t always mean the driver was under the influence. Fatigue, medication side effects, or even an emotional upset could cause symptoms like erratic driving or slurred speech. A strong defense might involve presenting such alternative explanations.

Role of BAC in DWI Charges

Blood Alcohol Concentration (BAC) plays a pivotal role in DWI convictions. BAC is a measure of the amount of alcohol in your bloodstream, expressed as a percentage. A BAC of 0.08% is legally considered intoxicated in most jurisdictions for drivers over the age of 21. However, you could still face DWI charges with a lower BAC if your driving is impaired.

It’s essential to understand how BAC works. Alcohol absorption into the bloodstream depends on various factors, including your weight, metabolism, the rate of alcohol consumption, and the presence of food in the stomach. Alcohol has a depressant effect on the nervous system, impairing cognitive functions and physical coordination, leading to slower reaction times, which are crucial for safe driving. Knowing these facts can help individuals make informed decisions about drinking and driving.

Ignition Interlock Devices

An Ignition Interlock Device (IID) is often a part of the legal consequences following a DWI conviction. An IID is a breathalyzer connected to a vehicle’s ignition system. The driver must blow into the device, and if their BAC is above a preset limit, the vehicle won’t start. This device serves as a preventive measure against repeated DWI offenses, allowing the offender to retain some driving privileges while ensuring they are sober behind the wheel.

Moreover, IIDs often come with regular maintenance and calibration requirements, and any attempts to tamper with or bypass the device can result in further legal consequences. The costs associated with installing and maintaining an IID are typically borne by the offender, adding to the financial burden of a DWI conviction.

License Reinstatement after a DWI

Following a DWI conviction, regaining your driving privileges can be a complex process. After serving a license suspension period, offenders often must fulfill specific requirements for license reinstatement.

These can include completion of a state-approved alcohol education or treatment program, providing proof of financial responsibility (commonly known as SR-22 insurance), payment of reinstatement fees, and in some cases, installation of an IID. Navigating these requirements can be complicated and time-consuming, underscoring the benefits of avoiding a DWI in the first place.

Impact of DWIs on Auto Insurance

Auto insurance is another aspect of life significantly impacted by a DWI. Following a conviction, you might be classified as a “high-risk” driver by your insurance company, resulting in increased premiums. This high-risk status can last for several years, leading to thousands of dollars in additional insurance costs over time.

In some cases, the insurance company might even choose to cancel your policy altogether. Finding a new insurer after a DWI can be challenging, as not all companies offer policies to high-risk drivers.

DWI Charges: Prevention is the Best Cure

The best strategy against DWI charges is prevention. Knowing the implications of a DWI, make conscious choices about consuming alcohol and operating a vehicle. Opt for designated drivers, taxi services, or public transportation if you’ve been drinking. Remember, your choices can save lives.

Conclusion: Facing the Reality of DWI Charges

Driving while intoxicated is not just an act that puts your life and others at risk—it also comes with substantial legal and personal consequences. The associated fines, possible incarceration, license suspension, and the impact on your personal and professional life make it a highly undesirable predicament.

However, if you do find yourself facing DWI charges, understanding the legal landscape and seeking appropriate counsel can significantly influence the outcome. A robust defense strategy, often facilitated by an experienced attorney, can challenge the prosecution’s evidence and potentially lessen the severity of penalties.

Remember, prevention is always the best strategy. Make conscious, responsible choices when it comes to consuming alcohol and getting behind the wheel. Together, we can make our roads safer for everyone.