Tag: dui penalties

How To Handle Your First Houston DUI

What Happens With Your First DUI

Typically you will find that the states are going to consider a DUI the first time to be a misdemeanor, but it does not mean you will not have some major issues at times. Here is what you will need to understand if you are arrested for your first DUI as well as the information you need to know about the sentencing process and punishments that can happen.

What Are The Consequences Of A First DUI Offense? ivermectine prijs

Typically when people are picked up for their first DUI they think that they will automatically get probation. However, what you will find is that while this happens in most cases, it is up to the court if you have to serve any jail time because of your probation. Even if you are in for a misdemeanor, you may have to serve some time in jail, depending on what is going on law wise in your state. You will also notice that in addition to some of the mandatory jail sentences some states have, you can easily lose your license for a first offense.

What else you will find is if you have a good history you may be able to apply for an occupational license so you can still drive to work or school. You will often end up facing a DUI charge, which will come with a fine, court costs, fees for probation, and even the urinalysis fee. The monthly payment you have to make can easily be a car payment. You often will have to get into an alcohol counseling program and even serve some community service hours. ivermectina praziquantel perros

What Is The Punishment For A First Time DUI?

Often the first time offense will be a misdemeanor and can be probated, but you may have to pay a fine, do community service, lose your license. However, if you have any enhancers on the charge, you could have even more problems on your hands. For example, if the container was open in the car, you will still have the DUI charges, but you could have an increased fine or jail time. If children were in the vehicle, you could even have the offense taken from a misdemeanor to a felony charge really quickly.

Not only that each DUI is going to have an administrative element that is very painful for you to swallow. For example, in some states, if you refuse to do the breath test you are going to lose your license for a year. This is a separate suspension in most places than what you will have with the conviction of the DUI offense.

What Are The Conditions Of A License Suspension In A DUI Case

if you want to get your license quickly after a DUI you will have to talk to a judge. You should not drive at all while the license is suspended. You are going to only get more charges if you are caught driving while the license is suspended. In some states, you may even have to get an interlock ignition system installed in your car before the case is heard. These devices are often billed out monthly and can costs a couple of hundred dollars. If you do not get this, you could have your bond revoked and be put back in a cell.

What Happens In The Long-Term

What is important to note is the first time DUI is the first in what could be some long-term consequences. Even if you are on probation and do not get a final conviction the probation will be on your record and can be used against you in the future. posologia ivermectina para sarna So if you get a second DUI charge, it will only increase the level of penalties you will be facing.

Each state varies, but if you have multiple DUI arrest, then it could potentially be seen as a felony or a habitual offender. What else is important to consider is where you are arrested will determine the level of the other offenses. In New Mexico, you are not moved up to a felony level until it is your fourth DUI. In Texas, though, it is going to be your third DUI that will make it a felony. You need to remember this because a conviction in your home state could easily lead to you getting a higher charge in a state you are visiting.

How Does The First Time DUI Change Your Insurance And Employment

The impact this can have on your job and insurance is something people overlook. This can impact your employment because employers tend to run your criminal history and will see the conviction showing up. At times you will see that the employers will not even employ people who have a DUI on their record because they can be seen as a safety risk.

Since this does increase your risk factor, you will see your auto insurance rates increase. If you are in a wreck related to the DUI, and the offense is deemed a felony, you may notice the insurance company will not pay out for the accident. This is often because an insurance policy has a disclaimer that removes them from a case if it is a felony, including drunk driving.

How Does A DUI Lawyer Help

Even if you are getting your first DUI you will notice it is going to have a huge impact on your life. So you do not want to take the charge lightly because it is your first time. You will want to make sure you get the proper legal representation today by a DUI attorney.

Contact or call Butler Law Firm today for your consultation.

Frequently Asked Texas DUI Law Questions

About Texas DUI Law

Butler Law Firm | Houston DUI LawThe Harris Poll shows that almost half of people surveyed are likely to look at a website with lawyers on it to learn more about legal matters. This is something that a lot of people do that have legal issues.

You can use the internet to find legal assistance on the cheap because over half of the lawyers with practices and most with firms have a website. That’s why if you need to get legal help, you can find it online when searching for local attorneys.

One of the main reasons people need legal help is due to getting a DUI. There are over a million people each year that get a DUI as their first offense. sportfogadás app In the state of Texas in 2015, there were close to 100,000 arrests for DUIs with 70,000 or so convictions. If you ever have to deal with a DUI in Texas, there are legal questions you may have. Prior to working with anyone in the legal field, go through the FAQs here.

What are the area’s BAC limits set at? tippmix szelvény nyertes

If you are of legal drinking age, you have to have a BAC of over 0.08% to be convicted of a DUI and if you’re driving a commercial vehicle the limit is half of that at 0.04%. If you’re not of legal drinking age, you can’t have any alcohol at all in your system legally.

What if I’m a minor? What will happen if I’m caught when I’m drinking and driving?

Texas is known for having a zero tolerance policy with alcohol and minors. elo tippmix If you are a first time offender, here are some of the ways you can get into trouble:

  • Suspended license for up to a whole year.
  • A fine of $500
  • Working with a 12-hour program on alcohol education
  • A device that locks your ignition if you’re drunk and/or community service
  • What if I’m over 21? What happens during the first time DUI offense?
  • You pay up to a $2,000 fine
  • Go to jail for 180 days
  • Suspended license that lasts for 2 years
  • An education program based on DWI intervention policies
  • A device that locks the ignition on your vehicle if you have alcohol in your system
  • An annual fee that is up to $2,000 for up to 3 years to hang onto your license
  • Do I have to take a breathalyzer?

You cannot decline this test. Everyone in TX has to consent to the chemical tests like the breath or blood tests when they are pulled over. If you refuse to take a test, you may get an 180 day ALR (administrative license revocation)

If you have a DUI charge in the city of Houston, you need to start by searching online for the best DUI attorney in Houston Texas for the job. Call or contact Butler Law Firm today for your free consultation. If you have any comments or questions, leave them below here.

What To Know About Your Misdemeanor Or Felony

The Difference Between A Misdemeanor And Felony

Butler Law Firm | Houston Misdemeanors and FeloniesA lot gets put on the line when you are charged for any kind of crime. From terms of imprisonment to community service, court-ordered classes and fines along with the long-term consequences that come with your record having a conviction on it, any criminal charge may threaten your future and freedom.

Our criminal defense lawyers Houston have decades worth of combined experience in defending clients that are charged with all kinds of federal and state crimes, which includes both felonies and misdemeanors. Although we aggressively work on every case that we work on, there are some distinct differences between felonies and misdemeanors that accused individuals need to be aware of.

Felonies and misdemeanors are the major offense groups for crimes committed in Texas. billigt kilox Those classifications are used for identifying how serious an alleged offense is, and determines what the potential punishment is. The two offenses have some key differences between them:

Misdemeanors

With a misdemeanor offense, the defining characteristic is that the punishment doesn’t carry a jail term of over one year – and it is usually in a county jail. Although every case is different and punishment might be affected by the unique circumstances that are involved, the common punishments that are carried by misdemeanors include the following:

  • Restitution, Court Fees, Fines
  • Court Ordered Treatment or Classes
  • Community Service
  • Probation
  • Imprisonment Terms (to not exceed 1 year)

In the state of Texas, there are numerous misdemeanor crimes, that range from simple assault and shoplifting to a majority of first and second DWI charges. Those misdemeanors also are classified into three distinct categories that are associated with the potential penalties and severity of the offense:

Class A Misdemeanor – Jail terms up to one year and fines up to $4,000.

Class B Misdemeanor – Jail terms up to 180 days and fines up to $2,000.

Class C Misdemeanor – No jail time and fines up to $500.

Felonies

In most states felonies are classified as crimes that may result in one year or more at a state prison, or if it was a federal crime in a federal penitentiary. Felonies in Texas, include crimes punishable by imprisonment for a minimum of six months up to life, or in death in some cases. The most serious type of criminal offense are felonies, and they carry life-altering and severe penalties including the following:

  • Court Ordered Treatment or Classes
  • Probation
  • Losing Your Civil Rights (Gun Ownership, Voting)
  • Long Imprisonment Terms
  • Restitution / Hefty Fines

Apart from the harsh penalties that the court hands down, felonies are notable as well since they can seriously limit life opportunities for people. Frequently, felonies can end up being a stain that seriously impacts an individual’s ability to find a job and earn their living, or attend higher education or obtain funding. Also, felonies can hurt your reputation. There are 5 different levels of felonies in Texas:

State Jail – From 6 months up to 2 years at a state level, with fines up to $10,000.

Third Degree – From 2 to 10 years at state prison, with fines up to $10,000

Second Degree – From 2 to 20 years at state prison, with fines up to $10,000

First Degree – From 5 to 999 years at state prison, with fines up to $10,000

Capital – Life sentence, no parole or death

Other Factors To Take Into Consideration

Felony and misdemeanor crimes, in addition to their penalties, may vary widely, which will different on many different circumstances. The following are a couple of other important things that should be noted:

Wobblers – There are some crimes that are called wobblers, which means that prosecutors might have the discretion for charging a person with a crime as either a felony or misdemeanor. In those cases, it can be a very positive resolution to get a felony charge reduced to a misdemeanor.

Aggravating Factors – In both felony and misdemeanor cases, there can be certain aggravating factors that can elevate the penalties that an individual faces. In certain cases they can elevate a misdemeanor into a felony. kobe quanox Those aggravating factors may include crimes committed against certain people (vulnerable adults, children, law enforcement), crimes committed when on probation, criminal history and prior convictions.

Whether you have personally been charged with a felony or misdemeanor or someone you love, remember that both of these types of offense pose very serious long-term and immediate consequences, and need to be taken very seriously. Put your trust in our experienced and proven legal team as soon as you can after a charge. how long after ivermectin pour on can you slaughter a cow

If you want to discuss our case with one of the finest lawyers Houston has to offer, contact our firm or call us at 713-236-8744 for your FREE case consultation.