DWI Lawyer: A Break Down Of The Driving While Intoxicated Penalties In Houston, TX
1. The First DWI Offense
Conviction with under .15 BAC (blood alcohol content) will include a maximum $2,000 fine and/or 3 to the 180-day jail sentence, as well as 90 to 365-day driver’s license suspension. (Class B Misdemeanor). With a BAC of .15 or higher, the maximum fine increases up to $4,000, with a maximum one year jail time (Class A misdemeanor). For first-time offenders with a .08 to .14 BAC, two years after probation ends they can apply for non-disclosure. However, an ignition interlock device must be installed on the car and kept there for 6 months in order to apply and be eligible for non-disclosure. Having a non-disclosure restricts who is able to review your criminal record. To get more information on the program, speak to your DWI lawyer in Houston TX at Butler Law Firm.
2. A DWI Second Offense
The fine is a maximum of $4,000 with a maximum jail time of 30 days minimum up to one year maximum, with a potential 180 day to two-year driver’s license suspension. (Class A Misdemeanor).
3. Third Offense DWI Charge
A maximum fine of $10,000 and/or imprisonment of 2-10 years, and 180 days to 2-year driver’s license suspension. (3rd Degree Felony). Imprisonment refers to a state-run penal institution and a jail is an institution that is run by the county. Also, a felony conviction disqualifies an individual from possessing a firearm and from voting as well.
4. DWI With An Open Alcohol Container
First offense DWI with open alcohol container: Penalties that are discussed above, plus a maximum fine of $2,000 and a six-day minimum jail sentence. (Class B Misdemeanor). If you have gotten this far and are wondering what exactly constitutes as a DWI click here.
5. Bodily Injury Caused By DWI
DWI where there is an accident with a serious bodily injury sustained where intoxication is the proximate cause (Intoxication Assault). DWI penalties are much more severe upon conviction. You might be sentenced to prison for two years up to 10 years. You will be given a sentence of 30 days minimum in jail if you receive a probated sentence. Also, you can be fined up to a maximum of $10,000. (3rd Degree Felony). If you drove the vehicle in such a way that made it into a “deadly weapon,” there will be an additional penalty that will prohibit any good time credit while in prison so that you cannot be considered for any release until at least half of your sentence has been completed. You may want to think about getting legal representation form a DWI lawyer in Houston TX.
6. Death Caused By DWI
DWI where there is a death that occurred due to a proximate cause of your intoxication (Intoxication Manslaughter): If you are convicted you might have to pay a $10,000 maximum fine and/or receive a two to 20 year prison term (Both Manslaughter with using a Deadly Weapon and Intoxication Manslaughter are 2nd degree felonies). The district attorney might stack charges for each death on you. So two deaths could mean a 4 to a 40-year prison term.
7. Prior DWI Conviction & Drag Race Charge
Prior DWI conviction with current drag racing charge: This is a class B misdemeanor, but if the individual has a previous DWI conviction or drag racing conviction, or open alcohol while driving, then it turns into a class A misdemeanor.
8. DWI With Passenger Younger Than 15 Years Old
DWI with passenger under 15 years old: State jail felony. The punishment for this charge for non-enhance state jail felony is 180 days to two years maximum state jail term and maximum $10,000 fine. DWI with a child passenger is when an individual with a DWI has another individual in their vehicle who is less than 15 years old. The punishment is being confined in a state jail for a minimum of 180 days and maximum two years and a maximum $10,000 fine. (State Jail Felony).
Next Step Is Hiring A DWI lawyer in Houston TX
In misdemeanor classifications, you might be eligible to receive probation. However, there are no guarantees you will receive a probated fine or jail sentence. If you are granted probation with an intoxication assault conviction, there is a mandatory jail term of a minimum of 30 days as a condition of your probation. With intoxication manslaughter, probation requires a minimum jail sentence of 120 days as a condition of the probation. However, if convicted of either intoxication manslaughter or intoxication assault, and the jury or court finds you to have committed this offense using a deadly weapon, then you might not be eligible for probation. As you can see, DWI convictions result in some very serious penalties that can have long-lasting effects. Visit our blog for related articles. See a DWI lawyer in Houston TX for more information. (713) 236-8744