Texas is a state in the USA that takes DWI offenses extremely seriously imposing severe financial penalties even for first-time DWI offenders. This offense is one of the most commonplace crimes committed in the United States; however, the majority of the time it is committed by the typical “non-criminal” citizen. Make no mistake, if you are charged with this type of crime you will be treated as a criminal, even if it is a first offense DWI.
In the state of Texas, the first offense DWI charge is classified as a Class B misdemeanor. This means that if charged and convicted, you may be facing a fine of at most ,000 with approximately 180 days in the Texas county jail. It is vital that you understand this is the minimum charge that can be leveled against you and DWI legislature can become complicated. Based on these potential complications, it is crucial that you understand all details of your specific DWI case.
• The DWI .15 And Above Charge
If you are required to undergo a breath or blood test and the results return with a blood alcohol concentration of a minimum of 0.15 or above, then the DWI charge can be raised to a Class A misdemeanor. The penalty for this type of DWI charge is $4,000 and the possibility of at most 1 year in the Texas county jail. Based on Texas state legislation, if you are charged and convicted of this offense, you may need to install an ignition interlock device in your car. It is important to work with a DWI attorney Houston to handle this situation.
• The DWI With A Passenger Under The Age Of 15 Charge
If you are stopped and found to be under the influence of alcohol with a passenger under the age of 15 in your car, then the offense can escalate to a felony charge. It does not matter if the minor in the vehicle is your child or another individual’s child. This type of felony charge involves a financial penalty of at most $10,000 with a potential 180 days or 2 years in a Texas state jail.
• The Intoxication Assault Charge
The DWI charge is raised to a third-degree felony case if another person is severely injured while you are driving intoxicated. This felony charge carries a financial penalty of at most $10,000 and between 2 and 10 years in the Texas state jail.
• The Intoxication Manslaughter charge
If another individual dies as a result of you driving while intoxicated, then this is classified as a second-degree felony. The intoxication manslaughter charge carries a financial penalty of no more than $10,000 with/or between 2 and 20 years in a Texas state prison.
What Can A Person Expect Regarding First Offense DWI Sentencing?
If you are convicted of a first offense DWI charge in Texas state, you will probably be placed in the county jail for a mandatory 3 days unless you are provided probation. Another possibility is community supervision meaning that you will be sentenced to perform some type of community service. Dependent on the judge’s ruling, you may need to submit to additional conditions when sentenced, such as attending a rehabilitation facility if you are considered as having an alcohol addiction or use problem. You may also need to attend a “DWI school”, which is a 12-hour course that needs to be completed within 180 days after receiving probation. Any person failing to attend the course will have their driver’s license revoked until the course is completed.
Contact Butler Law Firm DWI Lawyers
Potentially the most disadvantageous aspect of being convicted of a DWI in Texas is the societal consequences. If you are charged and convicted, your driver’s license may be suspended. In fact, your driver’s license may be suspended without any conviction for at most 180 days if you refuse to undergo a breath or blood test for 90 days. This is due to the “implied consent” legislation in the Texas state indicating that by driving on the roads you will automatically consent to any sobriety tests. By refusing the tests, your driver’s license will be suspended.