A DWI Lawyer must be familiar with the particular local laws. A DWI lawyer knows that most states in the U.S. designate a “per se” blood or breath alcohol level as the threshold point where a person is presumed to be impaired.

The most common blood alcohol content (BAC) “legal limit” in the United States is 0.08 (i.e., 80 mg of alcohol in 100 ml of blood). Some states include a lesser charge — often known as driving while impaired — at a BAC of, say, 0.05 or above but less than the legal limit for the more serious charge. Prior to wider emphasis on drinking and driving in the 1980s, standards of 0.12 were also in place in some states.

The State of Texas for example mandates that drivers who receive a conviction for DWI or a DWI-related offense, failure to maintain financial responsibility (car insurance) or driving with an invalid license will pay an annual surcharge for a period of three years. No points are placed on driver records for these offenses because the fine is automatic on the first offense.

A first-time DWI results in a $1,000 surcharge, paid annually for three years. A second-time DWI results in a $1,500 surcharge, paid annually for three years. The charges are cumulative. For example a driver could pay $1,000 as a result oftheir first DWI and an additional $1,500 for their second DWI, paying a total of $2,500 annually. The cost of a competent DWI lawyer may well be worth it.

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