This article is the third in a series of Texas DWI articles meant to
offer assistance and information to those who have been charged with
drunk driving. Those convicted of drunk driving in the state of Texas
could be subject to a wide range of penalties. Because drunk driving is
one of the most politically controversial crimes with constant lobbying
by MADD and other powerful groups, it is also one of the most
aggressively enforced crimes in the Lone Star State. Contrary to popular
opinion a person does not actually have to be drunk to be arrested and
subsequently convicted of DWI. According to Texas law the driver must
only have lost the “normal” use of mental or physical faculties due to
the ingestion of alcohol.
The terminology used creates a high degree of ambiguity leaving the fate of many people to the subjective opinions of police officers, prosecutors and judges. Texas, like most other states presumes a person to be intoxicated if he or she has a 0.08 blood alcohol content or above. Texas has many mandatory minimum punishments for DWI convictions, therefore it is extremely important that you understand all the ramifications involved with your DWI case. In spite of this, with an excellent DWI lawyer by your side you have a fairly good chance of avoiding conviction. Juries in Texas are known to acquit in nearly half of all DWI cases which make it to trial. Early intervention is crucial, however, to allow your DWI attorney the time to preserve favorable evidence and lessen the prosecutor’s efforts to gain evidence which might reflect badly on your case.
The High Cost of a DWI Aside from the fines and jail time you will suffer if you are convicted of drunk driving you will also lose your license and even potentially lose your job. Once you have served the sentence imposed on you by the courts you may find you have trouble gaining employment, are unable to obtain a professional license or secure federal funding to further your education and may even be unable to rent a home for you and your family. Your financial future may be dim, and you may have lost the respect of your family, friends and co-workers because of one mistake on your part. The very first thing you must do if you are stopped by a police officer on the suspicion of drunk driving is to exercise your right to remain silent until you have the chance to call a Houston DWI attorney who can advise you of your legal rights and protect your future.
What the State Must Prove The prosecutor for the state must definitively prove you were operating a vehicle at the date and time stated by the police officer, in a public place and that you were intoxicated. When a subject refuses to submit to a breathalyzer test the police officer will attempt to prove the person was not in control of their normal faculties. He may do this through his own subjective observations or, if the person agrees to field sobriety tests, he will likely state the tests were not “passed” in accordance with the stated guidelines.
Penalties for DWI Convictions Anyone charged with DWI will probably be hit with a Class B misdemeanor, bringing fines of up to $2,000 and confinement in the county jail for a period of three days to six months. If there was an open container in your vehicle when you were stopped you will spend a minimum of six days in jail. All first time offenders will be sentenced to anywhere from 24 hours to no more than 100 hours of community service. In cases with no extenuating circumstances in which this is the first offense, probation from one to two years may be ordered. Many judges will also require the first time DWI offender to undergo psychological counseling in order to determine the likelihood of another drunk driving offense. The judge may also require you to install and maintain an interlock device on your vehicle which will require a breath sample each time you start the car. Some of the newer interlock models require periodic breaths while driving to avoid the possibility of the driver having someone else start the car.
Subsequent DWI Convictions Bring Enhanced Penalties Should you receive a second DWI conviction within ten years of the previous one, you will be required to have an interlock device installed on your vehicle, be assessed a fine that can be as much as $4,000 and be sentenced to at least three days in jail but not more than one year. You will be required to serve at least 80 hours but less than 200 hours of community service for a second DWI conviction.
A third DWI will bring even more severe penalties such as suspended driving privileges for a period of six months to two years. A third DWI within ten years of the first and second could bring $10,000 in fines and anywhere from two to ten years in prison as well as at least 160 hours of community service but not more than 600 hours. Your driver’s license will be suspended for up to two years and the courts will likely look at you as a person who has a serious problem with alcohol meaning they will order alcohol rehab. Currently Texas state law does not provide for any increased penalties for a DWI beyond the third.
Why You Should Call an Attorney Immediately Because the penalties for DWI in Texas are very serious you absolutely must retain a highly qualified attorney who will be by your side from your arrest on through the trial, should there be one.
The terminology used creates a high degree of ambiguity leaving the fate of many people to the subjective opinions of police officers, prosecutors and judges. Texas, like most other states presumes a person to be intoxicated if he or she has a 0.08 blood alcohol content or above. Texas has many mandatory minimum punishments for DWI convictions, therefore it is extremely important that you understand all the ramifications involved with your DWI case. In spite of this, with an excellent DWI lawyer by your side you have a fairly good chance of avoiding conviction. Juries in Texas are known to acquit in nearly half of all DWI cases which make it to trial. Early intervention is crucial, however, to allow your DWI attorney the time to preserve favorable evidence and lessen the prosecutor’s efforts to gain evidence which might reflect badly on your case.
The High Cost of a DWI Aside from the fines and jail time you will suffer if you are convicted of drunk driving you will also lose your license and even potentially lose your job. Once you have served the sentence imposed on you by the courts you may find you have trouble gaining employment, are unable to obtain a professional license or secure federal funding to further your education and may even be unable to rent a home for you and your family. Your financial future may be dim, and you may have lost the respect of your family, friends and co-workers because of one mistake on your part. The very first thing you must do if you are stopped by a police officer on the suspicion of drunk driving is to exercise your right to remain silent until you have the chance to call a Houston DWI attorney who can advise you of your legal rights and protect your future.
What the State Must Prove The prosecutor for the state must definitively prove you were operating a vehicle at the date and time stated by the police officer, in a public place and that you were intoxicated. When a subject refuses to submit to a breathalyzer test the police officer will attempt to prove the person was not in control of their normal faculties. He may do this through his own subjective observations or, if the person agrees to field sobriety tests, he will likely state the tests were not “passed” in accordance with the stated guidelines.
Penalties for DWI Convictions Anyone charged with DWI will probably be hit with a Class B misdemeanor, bringing fines of up to $2,000 and confinement in the county jail for a period of three days to six months. If there was an open container in your vehicle when you were stopped you will spend a minimum of six days in jail. All first time offenders will be sentenced to anywhere from 24 hours to no more than 100 hours of community service. In cases with no extenuating circumstances in which this is the first offense, probation from one to two years may be ordered. Many judges will also require the first time DWI offender to undergo psychological counseling in order to determine the likelihood of another drunk driving offense. The judge may also require you to install and maintain an interlock device on your vehicle which will require a breath sample each time you start the car. Some of the newer interlock models require periodic breaths while driving to avoid the possibility of the driver having someone else start the car.
Subsequent DWI Convictions Bring Enhanced Penalties Should you receive a second DWI conviction within ten years of the previous one, you will be required to have an interlock device installed on your vehicle, be assessed a fine that can be as much as $4,000 and be sentenced to at least three days in jail but not more than one year. You will be required to serve at least 80 hours but less than 200 hours of community service for a second DWI conviction.
A third DWI will bring even more severe penalties such as suspended driving privileges for a period of six months to two years. A third DWI within ten years of the first and second could bring $10,000 in fines and anywhere from two to ten years in prison as well as at least 160 hours of community service but not more than 600 hours. Your driver’s license will be suspended for up to two years and the courts will likely look at you as a person who has a serious problem with alcohol meaning they will order alcohol rehab. Currently Texas state law does not provide for any increased penalties for a DWI beyond the third.
Why You Should Call an Attorney Immediately Because the penalties for DWI in Texas are very serious you absolutely must retain a highly qualified attorney who will be by your side from your arrest on through the trial, should there be one.
After you have served the sentence imposed on you by the courts you may discover you have bother gaining employment, are unable to acquire a professional license or secure federal funding to additional your schooling and should even be unable to lease a home for you and your loved ones.
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