Dwi in Texas

DWI IN TEXAS

DWI in Texas is a serious crime. If charged with any kind of DWI offense in Texas, you need to find a lawyer right away.

The definition of DWI – “Driving While Intoxicated” is found in the Texas Penal Code and may be described as follows:-

The defendant on or about a particular date was operating a motor vehicle in a public place, in a particular county, and (1) did not have 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 (2) had a blood alcohol concentration of 0.08 or more.

The punishment you are facing if found guilty of DWI depends on the exact nature of the offense charged.

First Offense DWI – Class B Misdemeanor in Texas – Fine not to exceed $2,000; Jail Term of not less than 72 hours, nor more than 6 months. The minimum jail term rises to 6 days if there was an open container of alcohol in the vehicle.

Second Offense DWI – Class A Misdemeanor in Texas – Fine not to exceed $4,000; Jail Term of not less than 72 hours, nor more than 12 months. For a DWI Second or greater offense, Texas law now requires the Court to order as a condition of release from jail on bond that the person install and maintain an ignition interlock device on the car that the person intends to drive and operate while charges are pending.

Third Offense DWI – Third Degree Felony in Texas – Fine not to exceed $10,000; Penitentiary Term of not less than 2 years, nor more than 10 years.

Texas law does not provide for any increased punishment after a third offense DWI, but it may reasonably be expected that judges will lean further towards the maximum upper range of sentencing for multiple DWI offenses beyond the third.

Intoxication Assault – Third Degree Felony in Texas – Fine not to exceed $10,000; Penitentiary Term of not less than 2 years, nor more than 10 years.

Intoxication Manslaughter – Second Degree Felony in Texas – Fine not to exceed $10,000; Penitentiary Term of not less than 2 years, nor more than 20 years.

Probation may be applicable to some or all of these sentences; if the DWI is a first offense without any aggravating conditions, it is typical for the entire jail sentence to be probated. Nevertheless, probation in Texas can be a problem, involving community service hours, reporting requirements, reporting fees, travel restrictions, and other probation conditions ordered by the judge.

Good DWI lawyers may be able to obtain non-guilty verdicts at trial, reduce charges to lesser offences or have them dismissed entirely, or obtain more lenient sentencing in the event of guilty pleas or guilty verdicts. No DWI attorney can however ever promise a particular outcome in advance – every case is different and sentencing may also be dependent on the county and court in which the offense is charged.

Automatic License Revocation (ALR) is another issue with DWI offenses in Texas. After a DWI arrest, defendants have 15 days in which to request a hearing before a judge. The ALR proceeding is a civil suit, unlike the criminal DWI proceeding. If a hearing is not requested, the defendant’s drivers’ license will be suspended for a length of time (dependent upon the facts of the case) effective 40 days after the arrest. Likewise, the license will be suspended if a hearing is requested and the judge’s ruling in the hearing is unfavorable. Good DWI lawyers can typically also represent defendants in ALR proceedings.

Find out more about DWI in Texas and attorneys that can help now at: http://www.GeneralAdvertisements.com/texas-dwi.html

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