Sheldon Weisfeld:
DWI
If you have been charged with a DWI, or any type of drunk driving
charge in the State of Texas, it is important to call a lawyer
immediately - as waiting too long could result in a loss of your
driver's license. Much of my practice is devoted to representing people
charged with driving while intoxicated (DWI). Getting a Texas DWI can
cause serious problems. These are commonly referred to DUI, DWI, or
"drunk driving" cases. In these cases, I will help you fight for a
dismissal or reduced charge (such as negligent or reckless driving)
when appropriate. When an agreement can't be reached with the
prosecutor, then I will fight for you at trial and seek a not guilty
verdict. As part of Texas law, I will handle your DMV hearing and fight
for your driving privilege.
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}
Second Offense:
- up to a $4,000 fine
- 30 days to 1 year in jail
- driver's license suspension: 180 days to 2 years
PROBATION:
If you are convicted of a second DWI you
are eligible for probation. Probation is not granted as often for
second DWI as it is for first, but it is not uncommon. If you are given
probation on a second DWI the requirements will generally be much more
demanding than a first offense. Likewise, the length of probation will
more than likely be for a full two years. The additional requirements
that are generally required on a second offense are as follows:
- You must serve jail time as a condition of your probation. (The maximum is 30 days; this is day for day jail time.)
- The community service must be from 80 to 200 hours.
-
You will be required to have a deep lung air device on your vehicle.
This is a breath test hooked up to your cars ignition. If alcohol is on
your breath your car will not start. This will be automatically
reported to your probation officer as a violation of your probation and
can cause your probation to be revoked.
Third Offense:
- up to a $10,000 fine
- 2 to 10 years in the state penitentiary
- driver's license suspension: 180 days to 2 years
PROBATION:
If you are convicted of a third DWI there
are situations where you are eligible for probation and some where you
are not. If you are eligible for probation the term must be from 2 to
10 years. The courts will look at many factors in determining if you
get probation. Some of these factors are: How long has it been since
your last DWI? If you previously had probation how did you do on that
probation? (Did you ever violate a condition of the probation?) How
severe are the facts of the new case? Was there an accident? If you
took the test how high was you alcohol concentration? Any aggravating
factors?
There is also Shock probation. Shock probation is where you are
actually sentenced and go to the penitentiary. At any time prior to 180
days from the date of being sentenced to prison the court can Shock you
out of prison and put you on probation. To qualify for Shock probation
you must be eligible for probation and never have been sentenced to
prison. Then it is the decision of the court that sent you to prison.
The following conditions of probation will likely be required if a
person is granted probation for a felony DWI. (In addition to the ones
required for a class A misdemeanor.)
- There must be from 160 to 600 hours of community service.
- You must serve jail time as a condition of probation. (The minimum time is ten days and the maximum is 180 days.)
-
There are various types of alcohol treatment programs that a judge can
require. These range from inpatient treatment to out patient treatment.
INTOXICATED ASSAULT: THIRD DEGREE FELONY
An intoxicated assault is when a person is guilty of DWI and also CAUSES serious bodily injury to another person.
(Serious Bodily Injury: is defined as an injury that creates a
substantial risk of death or that causes serious permanent
disfigurement or protracted loss or impairment of the function of any
bodily member or organ.)
- up to $10,000 fine
- 2 to 10 years in the state penitentiary
- drivers license suspension: 180 days to one year
PROBATION:
Probation is legally available for some
intoxicated assault cases. The severity of the injuries as well as
prior record of the accused will be important factors on whether or not
a person gets probation.
The following conditions will likely be required if a person is granted
probation for an intoxicated assault. (In addition to those for a DWI):
- You must serve jail time as a condition of probation. (A minimum of 30 days and a maximum of 180 days.)
- There must be from 160 to 600 hours of community service.
-
There are various types of alcohol treatment programs that a judge can
require. These range from inpatient treatment to outpatient treatment.
INTOXICATED MANSLAUGHTER: SECOND DEGREE FELONY
A person is guilty of intoxicated manslaughter if he/she is guilty of
DWI and by reason of that intoxication causes the death of another. By
accident or mistake.
- up to $10,000 fine
- 2 to 20 years in the state penitentiary
- drivers license suspension: 180 days to 2 years
PROBATION:
Probation is a legal possibility in some
intoxicated assault cases, but is very difficult to get. If it is the
result of a plea bargain, the family of the victim usually would have
to agree to the deal. These are always very sensitive cases and must be
dealt with as such.
If a person receives probation the following conditions apply. (In addition to the conditions of a felony DWI.)
- You must serve jail time as a condition of probation. (A minimum of 120 days and a maximum of 180 days.)
- There must be 240 to 800 hours community service.