What is the difference between a “per se” DWI and a “negligent” DWI?

In Texas, a “per se” DWI (Driving While Intoxicated) is when a person is driving with a blood alcohol concentration (BAC) of 0.08 or higher, regardless of the amount of alcohol consumed. This is defined as a criminal offense. In contrast, a “negligent” DWI is when a person’s BAC is between 0.05 and 0.08, and the person’s driving is still considered reckless or unsafe despite not being legally intoxicated. This is usually considered an administrative offense and the penalties are generally less severe. When it comes to the specific punishments for a per se or negligent DWI, they vary in severity based on the jurisdiction and the person’s criminal record. Generally speaking, a per se DWI can result in license suspension, jail time, and expensive fines. A negligent DWI may result in license suspension, probation, and expensive fines. Regardless of the charge, it is important to note that being convicted of a DWI can have serious consequences and can follow a person for many years. A DWI on your record can affect your ability to get a job, rent an apartment, or even qualify for a loan. It is important to discuss your case with an experienced DWI lawyer who can help you navigate the legal system and ensure that your rights are protected.

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