Austin, Texas Driving While Intoxicated and Drunk Driving Penalites
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Driving While Intoxiced ( DWI ), will be treated by the courts in Texas as a felony or a misdemeanor depending upon the circumstances of the case, and the prior conviction record of the accused.
DWI, when a first offense, is a Class B Misdemeanor in the State of Texas. The applicable Texas Penal Code section provides that "A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place."
Jury trials are available to those accused of DWI in Texas. In order to gain a conviction, the prosecutor must convince all jurors of the defendant's guilt beyond a reasonable doubt. To do so, a prosecutor must prove that the defendant, on or about a particular date was:
- Operating a motor vehicle
- In a public place (street, highway, beach, parking lot, etc)
- In a particular county - While intoxicated
The Texas legislature has specifically defined the term "intoxication" as it relates to DWI cases. There are two (2) definitions:
- 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
- Having an alcohol concentration of 0.08 or more. The law allows for intoxication by way of any intoxicating substance. It is no defense that the intoxicating substance was a prescribed drug; if any substance, legal or illegal, deprives a driver of the normal use of mental or physical faculties, the case may be prosecuted.
Texas DWI Charges
DWI / DUI charges are an ever increasing fact of our society today. Several organizations continue to help our law makers increase the penalites and regulations. The penalties range from mandates for longer driver's license suspensions for citizens who have not been convicted of a crime, to mandatory jail sentences, to permanent, lifetime criminal records, to massive financial burdens, like "keep your driver's license" surcharges in excess of $1,000.00 per year for three years for anyone convicted of DWI, even a first time offender.
We are also seeing a dramatic increase in the number of DWI Task Forces and Enforcement Teams emerging throughout Texas and the rest of the United States including Austin Police Department forming there own DWI Enforcement Team. These task forces are often federally funded and the officers themselves are required to make arrests in order to keep the funding available.
These and many other factors make it vitally important to hire the right lawyers to defend you. We have seen countless cases where people did not put much thought into who they hired or the result they got. Most of these people simply pled guilty and received a probated sentence. Later, sometimes years later, they got stopped, the officer smelled what he believed was alcohol on their breath and, after running their license, saw they had a prior conviction for DWI / DUI. Rather than seriously considering and determining whether the person was in fact intoxicated, the officer simply arrested them. And thus started their second foray into our criminal justice system with all its attendant bond postings, driver's license suspensions, installation of ignition interlock devices, court appearances, and trials to the court or jury.
The web of red tape and numerous proverbial hoops to jump through is mind-boggling even to less experienced lawyers, much less the poor citizen who has just been arrested. Having a working knowledge of both the specialized area of DWI / DUI law and the numerous methods employed by law enforcement in field sobriety testing is an absolute necessity. We have that working knowledge, often more so than the arresting officers themselves.
You need to think before you hire your lawyer. Obviously, you would not hire a general practitioner to perform brain surgery. Why, then, would you hire anyone but a lawyer who is both experienced and knowledgeable for your criminal charge? After all, we are only talking about your future.
Texas DWI Penalties
DWI First Offense:
A first-offense conviction includes a fine not to exceed $2000.00 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)
DWI Second Offense:
The punishment range increases to no more than a $4000.00 fine 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)
DWI Third Offiense:
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 to 2 years. (3rd Degree Felony)
DWI with an open alcohol container (First Offense):
In addition to the penalty referenced above there is a minimum of 6 days in jail and a fine of no more than $2000.00 (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 and up to a maximum of 10 years in jail. Additionally, you may have to pay a fine up to $10,000.00 (Third Degree Felony)
DWI where a death has occurred as a proximate cause of the intoxication: this crime is called "intoxication manslaughter."
Upon conviction you may have to pay a fine up to $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxication Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies)
