Houston DWI Lawyers
- Brooks, Cole:
DWI/DUI
DWI/DUI FREQUENTLY ASKED QUESTIONS
(FAQs)
- What are the criminal penalties for Driving While
Intoxicated (DWI)?
Generally, the penalties for DWI
include: 1st
offense: a first-offense conviction includes a fine
not to exceed $2,000.00 and/or the possibility of serving
jail time from 3 days to 180 days, and a driver's
license suspension of 90 to 365 days. (Class B
Misdemeanor). 2nd offense: the maximum fine
increases to no more than $4,000.00 and/or jail from 30 days
to one year, and a possible driver's license suspension
ranging from 180 days to 2 years. (Class A
Misdemeanor). 3rd offense: here, you may receive
a fine up to $10,000.00 and/or 2 to 10 years of
imprisonment, and suspension of your driver's license
ranging from 180 days up to 2 years. (3rd Degree
Felony). DWI with an open alcohol container (first
offense): In addition to the penalty referenced
above you face a minimum 6 days in jail and a fine of no
more than $2,000.00. (Class B
Misdemeanor). DWI with an accident where serious bodily
injury occurred as a proximate cause of the
intoxication: this crime is called intoxication
assault, and upon conviction you may serve a minimum of 2
years up to a maximum of 10 years in jail. Additionally, you
may be fined up to $10,000.00. (3rd Degree
Felony). DWI where a death has occurred as a
proximate cause of the intoxication: here, the
crime is intoxication manslaughter. Upon conviction you
might have to pay a maximum fine of $10,000.00 and/or be
imprisoned from 2 to 20 years (Intoxicated
Manslaughter or Manslaughter with use of Deadly Weapon are
both 2nd Degree
Felonies). In
some of the above minor classifications you may be eligible
for probation, but there is no guarantee that you will
receive a probated jail sentence or
fine.
- What are the criminal
penalties for Driving Under the Influence
(DUI)?
In
Texas, a DUI is criminal offense for anyone under the age
twenty-one (21), minor, accused of operating a motor vehicle
in a public place while having any detachable amount of
alcohol introduced into the individual's body.
Generally, the penalties for DUI as a minor, in addition to
suspension of your driving license,
include: - 1st
Offense: Class C misdemeanor. If you are under age
18 the court will require your parent or guardian to be
present with you at every court appearance. Furthermore, the
parent or guardian can be forced to attend by the court.
Upon conviction, a minor may be fined, and will be required
to complete a minimum of 20 and a maximum of 40 hours
community service related to education about or prevention
of misuse of alcohol. Additionally, the minor will be
required to attend an alcohol awareness program sponsored by
the Texas Commission on Alcohol and Drug Abuse within 90
days. Furthermore, if the minor is under age 18, the court
may require the minor's parent or guardian to attend the
program with the minor. If the minor fails to complete the
alcohol awareness course within the 90 day period the court
may impose an additional license suspension up to six
months. For a first offense the minor may receive deferred
adjudication, however, an order of deferred adjudication for
DUI is considered a conviction. If the minor receives only
one conviction for DUI (while a minor), that conviction may
be expunged from his record after his 21st
birthday.
- 2nd
Offense: Everything for a first-offense conviction
applies to a second conviction, with the following
exceptions: The minor will be required to complete a minimum
of 40 and a maximum of 60 hours community service related to
education about or prevention of misuse of alcohol.
Furthermore, a second or any subsequent conviction may not
be expunged from your record, however, the minor may still
receive deferred adjudication for a second
offense.
3rd Offense: Class B misdemeanor.
For a third offense the minor will still be required to
complete between 40 and 60 hours of community service,
however deferred adjudication is no longer an option. As
with the first two offenses the minor will be required to
attend an alcohol awareness program within 90 days of your
conviction, and if the minor is under age 18 a parent or
guardian will be required to attend both the minor's
court appearances and the alcohol awareness program. If, on
the other hand, the minor is 18 years of age or older at the
time of his third offense, the penalty is much higher.
Specifically, the minor will receive a fine ranging from
$500.00 to $2,000.00; confinement in jail for up to 180
days; or both a fine and some jail time in addition to a
license suspension.
- What is the definition
of "Intoxicated"?
Section 49.01(2) of the Texas Penal Code:
ÒIntoxicatedÓ
means: (A) not having
the normal use of mental or physical faculties by reason of
the introduction of alcohol, a controlled substance, a drug,
a dangerous drug, a combination of two or more of those
substances, or any other substance into the body;
or (B) having an
alcohol concentration of 0.08 or
more. - What are the DPS Surcharges and License Suspension
Periods upon a DWI conviction?
Currently, a DWI conviction will result in an
individual having to pay DPS an annual surcharge for three
(3) years from the date of the conviction. The surcharges
for a DWI conviction include: - 1st Conviction: $1,000 annual
surcharge;
- 2nd Conviction: $1,500 annual surcharge
- Any conviction with a Blood Alcohol Content (BAC)
of .16 or greater: $2,000 annual
surcharge.
In addition to
this surcharges, a DWI conviction may also result in the
suspension of an individual's drivers license. The
suspension periods for a DWI conviction include:
- 1st Conviction: License Suspension from 90 days to
365 days;
- 2nd Conviction:
License Suspension from 180 days to 2 years.
- What is an
Administrative License Revocation (ALR) Hearing?
- In Texas, if you are
arrested/charged with a DWI, law enforcement must provide
you with notice of suspension (DIC 25) and a temporary
license (DIC 24). This notice of suspension informs an
individual of his/her right to request an ALR hearing within
fifteen (15) days of receiving the DIC 25. An ALR hearing
is basically an administrative proceeding similar to a trial
to determine whether there is enough evidence to support a
DPS suspension of your driver's license. The burden of
proof required in an ALR hearing is a "preponderance of
the evidence". Basically, DPS is required to show by a
majority of the evidence that an individual was operating an
motor vehicle in a public place while intoxicated, in order
to obtain an affirmative finding that your license should be
suspended by DPS. In a DWI case, an ALR hearing is a useful
tool to determine how good the State's case is against
you. You get to subpoena the officers and experts to the
ALR hearing, and take their testimony. This is very helpful
in determining what route you should take in your DWI
defense, and what evidence that the State has against you.
This is evidence that you likely will not uncover prior to
the time of your criminal DWI trial. It can help to keep
you from being surprised,and can help in defending your DWI
case. If you intend to fight your DWI, you should consider
asking for an ALR hearing. You have 15
days from the date of service with the notice of
suspension letter to request an ALR hearing, if you fail to
request an ALR within 15 days, your license will be
suspended by DPS after 40 days of receiving the DIC 25
notice of suspension.
- What should I do if
the police officer requests that I perform field sobriety
tests or submit to a breath/blood test?
Generally, I
would advise that you politely refuse to perform any field
sobriety test or submit to any breath/blood testing. You
have a right not to consent to any of these tests. Texas is
an informed consent State, thus any refusal might led to a
suspension your license by the Texas Department of Public
Safety (DPS). However with the legal
representation of skillful DWI defense attorney, by refusing to submit to these tests you provide
the Prosecutor with less evidence to use against you to
prove the State's DWI case and obtain a criminal
conviction.
- Jones Bennett:
If you have been charged with a DWI, you will need the best possible
criminal attorney to represent you. You will need experienced counsel at
administrative hearings in order to keep your driver's license and
aggressively defend your rights so that you can avoid other serious
consequences such as loss of your job, increase in your insurance costs,
and probation or even the minimum jail sentencing requirements. Whether
it is your first offense or you have had multiple driving while
intoxicated offenses, Jones Bennett, LLP will protect your rights in
court and represent you from the administrative license revocation (ALR)
process through trial, if necessary.
Every person who has been pulled over for a DWI Driving While
Intoxicated in Texas has important rights that should not be waived. It
is up to you to make sure those rights are protected. It is extremely
important that you contact an experienced DWI attorney immediately after
your arrest. You need an experienced DWI/DUI attorney that can evaluate
all of the issues in your case such as:
* License Revocation (ALR) hearing; * Reliability of the Field
Sobriety Test performed by the police officer; * Reliability of the
Blood Test or Breath Test; * Probable Cause for the traffic stop or
your arrest; * Effect of Breath Test Refusal; * Effect of a
conviction for DWI Driving While Intoxicated on your driving
license, your job or your car insurance; * Negotiating a Plea
Bargain if necessary; and * Avoiding Jail Time or Driving License
Suspension for a DWI conviction.
If you have been stopped by the police for DWI do you know your legal
rights?
* You have the right to refuse answering any questions. * You have
the right to not submit to any verbal or non-verbal field sobriety
tests or exercises. * You have the right to have your attorney
present if you choose to actually participate in the police
officer's standardized field sobriety tests. * You have the right to
an independent blood test within two hours of the state's test of
your blood. * You have the right to actually see the numerical
display if you provide a breath test. * You have the right to an
experienced and aggressive lawyer.
Unfortunately, most people do not know all of the rights they had at the
time of their arrest for Driving While Intoxicated (DWI). You need the
aggressive lawyers at Jones Bennett, LLP to defend you going forward so
that the state does not continue to railroad you through its system. You
have the right to a trial by jury and Jones Bennett, LLP will fight to
preserve that right.
License Revocation and Administrative Concerns
If you have been charged with drunk driving, it is important to know
that an ALR license suspension is automatic unless a hearing to
challenge the suspension is requested within fifteen days after the
notice of suspension on a Department of Public Safety approved form. Do
not delay as this notice is usually provided on the day of the arrest
for DWI. Take action as soon as possible by seeking legal counsel to
explore all of your viable options.
- Matt Horak: Simply
knowing the criminal system is not enough. A skilled criminal defense
attorney has to know how the system can work for their client.
After a person has been charged with DWI in Texas and has been convicted, he/she will face a variety of devastating legal consequences. In some cases, people may be sentenced with a small fine or probation. In other cases, the sentences may be more severe and life-altering. Below, the standard sentencing for 1st, 3nd and 3rd time DWI convictions is detailed:
1st DWI Conviction
* Jail time: minimum 72 hours or 6 days if vehicle has open container.
* Fines: up to $2,000, Texas also imposes a surcharge on top of court issued fines, which is $1,000 per year for three years or $2,000 a year for three years if the personÕs BAC was over .16%.
* Vehicle Impoundment: Not for first time offenders
* DWI School: 12 hour DWI Education Program
* Community Service: 24 hours to 100 hours
2nd DWI Conviction
* Jail time: minimum 72 hours up to one year.
* Fines: up to $4,000, Texas also imposes a surcharge on top of court issued fines, which is $1,500 per year for three years or $2,000 a year for three years if the personÕs BAC was over .16%.
* Vehicle Impoundment: Not for second time offenders
* DWI School: 32 hour Repeat DWI Offender Education Program
* Community Service: 80 hours to 200 hours
3rd DWI Conviction
* Jail time: 2 years to 10 years.
* Fines: up to $10,000
* DriverÕs License Suspension: 6 months to 2 years
* Criminal Classification: Automatic Felony
- Robert Eutsler:
To be convicted of DWI, you must be proven beyond a reasonable doubt to be
intoxicated while operating a motor vehicle in a public place. It is no defense
that you could legally use the substance causing the intoxication, nor does it
matter whether you intended to drive while intoxicated.
- Carroll & Becker:
Driving while intoxicated
County Criminal Court of Harris County
PUNISHMENT RANGE: Maximum
of 180 days in the Harris County jail
D. A. 's OFFER: One year
probation
RESULT: NOT GUILTY
Our client was riding his motorcycle
on Highway 6 at approximately 10:00 p. m.. He was coming from a Mexican
restaurant where, during dinner, he had consumed two beers. The arresting
officer ( DPS ) testified that our client was following his patrol car
closely and that he had his high beams on! The officer stopped our client
and noted that our client had difficulty putting his kick stand down along
with a strong odor of alcoholic beverage on his breath, slurred speech
and red bloodshot eyes. ( For some reason, of the hundred or so DWI cases
this firm has handled, our clients have always exhibited strikingly similar
traits per the offense reports. ) Upon vigorous cross-examination, the
arresting officer admitted that:
-
The ingredients of an alcoholic beverage
and not the alcohol itself are what gives the alcoholic
beverage its odor;
-
The strong odor of an alcoholic beverage
in and of itself is extremely misleading. Specifically,
were I to leave the courtroom and
drink an alcoholic beverage the officer would not be able to
tell how many alcoholic beverages
I had imbibed nor would he be able to tell me what kind of
beverage I had to drink - be it
a non-alcoholic beer, a whiskey or a shot of tequila;
-
Regarding the red and glazed bloodshot
eyes, the officer admitted during a prolonged and
withering cross-examination that
he did not know what time our client got up, if the room he
just left was smoky, if the wind
from the motorcycle bothered our client's eyes or what the
normal state of our client's eyes
was;
-
Regarding the slurred speech, the officer
could not testify what my client's normal speech pattern
was, whether my client was tired
or if my client fumbled some of his words simply because he
was nervous and put off by the
officer's aggressive demeanor.
- James Davis:
Please seek legal counsel before saying something "that can and will be used
against you in a court of law". Before blindly entering a plea or making
statements to the d.a. or police, call.
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