Saturday, July 14, 2012

Texas DWI - Penalties for First and Subsequent Offenses

There are a wide variety of penalties you will suffer should you be convicted of drunk driving in the state of Texas. Not only will you pay significant fines, you will likely lose your driver’s license and could possibly spend time in jail. Aside from the penalties imposed by the court, you could potentially lose your job and have trouble gaining employment after your conviction. You may be unable to obtain a professional license of any kind no matter how long you have spent working toward that license and will not be able to take out student loans to further your education.

You could have difficulty renting a place to live and could lose your social standing in your community not to mention the possibility of losing your family or alienating friends and loved ones. A drunk driving conviction is very serious and Texas law takes it seriously. Because of the number of impaired drivers who have caused serious or fatal accidents, most police officers and state prosecutors are very vigorous and aggressive in their pursuit of a conviction, even when that aggression is unwarranted. The very first thing you should do if you are pulled over by a police officer on suspicion of drunk driving is to exercise your right to remain silent until you have been given the opportunity to call a Houston DWI lawyer who can advise you regarding your legal rights.

What the Prosecution Must Prove for a Conviction

In order to sustain a conviction for drunk driving, the prosecution must prove that you were operating a motor vehicle at a specific time and date, in a public place and that you were intoxicated as defined by Texas Penal Code §49.01 (2). For a subject suspected of drunk driving who refused to submit to chemical testing, the police officer must prove that person did not have the normal use of their mental or physical faculties. The police officer may do this through their observations when they pulled the suspect over or through a battery of field sobriety tests. If the person submits to a blood test or breathalyzer test, they must have an alcohol concentration of 0.08 or greater to be considered legally drunk however, even with a BAC lower than 0.08 the officer can still claim the person did not have the normal use of physical or mental faculties and that person can be convicted of DWI.

DWI First Offense

A person charged with their first drunk driving offense will likely be charged with a Texas Class B misdemeanor. They may receive a fine of any amount up to two thousand dollars and could be confined in the county jail for not less than three days and not more than six months. Should you be arrested with an open container of alcohol in your vehicle, the minimum amount of time you will spend in jail is six days. For first time offenders, Texas law dictates that the judge must order at least 24 hours but no more than 100 hours of community service. Assuming there were no unusual circumstances surrounding the drunk driving arrest, most of those convicted of first time DWI are given probation rather than jail time, generally from one to two years.

The first time drunk driving offender will also be required to submit to a psychological evaluation in order to determine their likelihood of committing another DWI in the future. The first time offender will also work at suitable employment during their probation, commit no other crimes, report monthly, pay all fines and costs, perform the required community service and remain in the same residence and employment unless notification is properly given. The judge may also, at his or her discretion, require the offender to install and maintain a device on their vehicle which requires a breath sample before the car will start and even periodic breaths while driving (to avoid having a friend start the car for another person who has been drinking).

Enhanced Penalties for Subsequent DWI Convictions

A second-time DWI offender will find their punishment and penalties increased or enhanced assuming the prior conviction was within ten years of the present arrest. The second DWI offense requires an interlock device be installed on the vehicle as a mandatory penalty. The fine in Texas for a second DWI can be as much as $4,000, with at least three days in jail but not more than one year. Community service will be ordered at a minimum of 80 hours, but not more than 200 hours.

Driving privileges for the third DWI could be suspended for a period of six months to two years. A third DWI is a third-degree felony which could garner you $10,000 in fines and from 2-10 year’s incarceration. The person convicted of a third DWI will serve at least 160 hours but not more than 600 hours performing community service and may have their driving privileges suspended for up to two years. The courts look at a third-time DWI offender as someone who has a serious problem with alcohol therefore will order some type of rehabilitative treatment. At present, Texas law does not provide for increased punishments for any DWI’s beyond the third.

Speak to a Lawyer Immediately

The penalties for DWI in the state of Texas are quite serious and absolutely require the services of a qualified Houston DWI lawyer. Don’t wait until your case has gone too far for an attorney to help you out.

Author: Sullo & Sullo Attorneys

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