An Idea To Win Against DWI Charge In Houston
Part 1Have you ever been arrested and ended up in jail anywhere in Texas because you failed your sobriety test? Well, most drivers often resort to letting matters turn out however they will in this situation. Often it is because they believe that the police have proof their blood alcohol content surpassed the limit, 0.08%.
However, this is not the best route. No matter what, do not resort to letting the chips fall into place. Instead, it would help if you fought that DWI charge. The proof that the police may claim to have may have been administered or obtained improperly, meaning you can be excluded as evidence. Multiple other factors can also work in your favor.
Fight a DWI charge with all you have, as both your personal and professional life is on the line should you be convicted.
Texas DWI Laws & Penalties
Per the Texas Penal Code Section 49.045, “An individual commits an offense if they are intoxicated while operating a motor vehicle in a public place.” It is “ a class B offense, with a minimum of 72 hours term confinement.” If the police find an open container of alcohol in your vehicle, the penalty rises to 6 days in jail.
Intoxication leads to a DWI, usually based on alcohol, and can also be based on marijuana and other controlled substances like prescription drugs found in your system in specific instances.
Typically, the most popular form of a DWI arrest is when the police pull you over based on how you are driving. They will then perform a field sobriety test with a breathalyzer (commonly referred to as intoxilyzer in Texas), then arrest you if you surpass the limit.
Besides the possibility of you spending time in jail, you can also be fined up to $2,000, and your driver’s license will be suspended for 90 days to 12 months. How long your driver’s license is suspended will depend on the situation. Should your license be suspended and you must get an essential or occupational driver’s license to drive to work, you will need to install an ignition interlock device (IID) in your vehicle. Typically, an IID needs you to pass a breath test before starting your car.
Some of the factors that will increase your DWI penalties include:
- If you injure someone when driving while you are intoxicated
- When you are with a child in the vehicle when the police arrest you
- If you have a previous DWI on your record
- If your blood alcohol contact is 0.15% or more
- If there is an open alcohol container in your vehicle
You may suffer collateral penalties depending on whether your DWI is an aggravated offense, a repeat DWI, a Class B misdemeanor, or your first offense. You may suffer collateral penalties as a conviction can permanently stay on your record. Collateral penalties can include:
- If you are convicted of a felony, you can be prohibited from voting
- If you are convicted of a felony, you are not allowed to possess or purchase firearms
- You will face challenges when trying to get a loan for a home or education and even applying to rent an apartment or a house.