Houston DWI Lawyers
- Baxley Law Office: IF YOU ARE STOPPED FOR DRUNK DRIVING:
Want to be convicted of DWI even though you may not be intoxicated? If
so, take the police officers tests. Want to know the real truth about
these tests? Want to protect yourself? Read on.
"Field sobriety testing" (or FSTs) as practiced by police in Texas is
not an effective way to tell if someone is intoxicated. It may surprise
you to learn there are no conclusive studies linking the results of any
field test to legal intoxication. And there are many reasons someone
may not perform these tests well even when sober.
- Ned Barnett:
Driving While Intoxicated
First Offense:
- up to a $2,000 fine
- 72 hours to 180 days in jail
- driver's license suspension: 90 days to 1 year
PROBATION:
Most people convicted of a first offense DWI do not serve any jail
time. They are technically sentenced to jail, but the jail sentence is
suspended and they are put on probation (community supervision). The
probation is generally for a term of one to two years. While on
probation you must do what the judge orders you to do. These orders are
called conditions of probation. If you do not do what the judge has
ordered you to do (the conditions) then the judge has the option of
revoking your probation and putting you in jail for any number of days
up to the original jail sentence you received that was suspended.
The judge can order any reasonable condition on your probation. The typical conditions of probation are as follows:
- Do not violate the law.
- Report to your probation officer. (This is usually once a month.)
- Pay your fine, court costs and monthly probation fees.
- Do
your community service. For a first offense DWI you must do between 24
and 80 hours community service. The type of community service varies.
- You can not drink alcohol.
- You must attend DWI Education classes.
- You
must attend what is called a Victim Impact Panel. This is presented by
M.A.D.D. It is designed to educate on the dangers of DWI.
- Get
a drug and alcohol evaluation. (If the evaluation reveals you have a
problem with drugs or alcohol then treatment of the problem will be
ordered.)
- Maintain a job.
{These are the most common conditions that are imposed on a person placed on probation on a DWI first offense}
- Brennan & Johnson: Suspensions can be ordered
administratively by Texas Department of Public Safety (TDPS). These
suspensions occur when you refuse to take a breathalyzer test or fail a
breathalyzer test after being stopped for DWI. Suspensions can also
occur as part of the sentence in a criminal conviction for DWI. If the
source for a suspension is the criminal court conviction, then you may
be able to petition for an Occupational License in order to drive in
essential need situations. This petition must be filed with the court
in which you were convicted. If the suspension was a result of the
administrative TDPS process , you must file your petition for an
occupational license in a civil county court. In both cases, you must
prove an essential need to drive during specific times of specific
days.
Driving while your license is suspended or during a time not allowed
under an occupational license are separate offenses and carry their own
automatic suspension time.
You can contest an administrative suspension by requesting in writing a
hearing within a set amount of time. If you need an occupational
license or want to contest a license suspension, call us to see if you
qualify.
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