DUI and DWI
DWI Crimes: Harshly Prosecuted in Texas
Many states classify operating a motor vehicle while intoxicated a crime and the State of Texas is no exception. Alcohol impairs ones mental and motor skills and driving under the influence of alcohol & drugs continues to cause a significant number of accidents that result in deaths and injuries around the world. In Houston, DWI-related car accidents are a daily occurrence and this reality doesn’t appear to be changing anytime soon.
The problem of drunk driving affects all motorists that use the road. Authorities at both the state and federal level have strengthened DWI enforcement, passed laws and sponsored campaigns against drunk driving. The Brazoria County Sheriff’s Department to the south of Houston, TX is also working hard to curb drunk driving. Although statistics show that driving while intoxicated still causes numerous fatalities, it remains a problem that costs money with many incident being preventable human accidents. The majority of the drunk driving accidents are caused by heavy drinkers and repeat DWI offenders.
Criminal Charges & Penalties for Drunk Driving
If a Texas law enforcement officer pulls you over and your blood alcohol concentration level reads 0.8% or higher, you risk being charged with a felony DWI. Texas DWI Attorney Tad Nelson is one of the best lawyers in Houston for helping people who are facing prosecution for drunk driving and he recommends never submitting to request for blood & breath testing.
Otherwise, your chance of facing harsh penalties will escalate depending on the circumstances of your case. For example, the penalties will vary based on if you had passengers when the police pulled you over, the type of license you hold and if you got involved in an accident while drunk. You also risk being charged with child endangerment if you had a child passenger at the time of police intervention. You’ll face a number of penalties depending on your history of convictions.
The charges range from a fine of up to $10,000, a two year jail term in a state jail and even suspension of drivers license for a minimum of 180 days.
When the authorities pull you over for suspected DWI, the legal expectation is that you take a breath or blood test. Snubbing the test may result in suspension of your driving license for a period that may exceed 180 days but no more than two years. Usually, the police take your driver’s license and issue you with a temporary driving permit.
Criminal Trial for Drunk Driving
This is your first arrest on based on drunk driving, you will probably be charged with a misdemeanor. You will be issued with a court date when you will stand for trial. Here you may plead guilty, or otherwise, you will be offered a chance to choose to be tried by a jury or a judge. Either of them will determine your fate when you and the prosecution present your case.
DWI Intervention Classes
Brazoria County enacted a law that provides educational services with programs to cater for First and Repeat DWI offenders. An individual convicted of DWI offense for the first time is put on probation. During this period the convict must attend and successfully complete an educational program within 180 days from the commencement of the program.
The law revokes the driving license of the offender whenever they fail to finish the program within the stipulated time. However, there are occasions where the program may grant the offender and extension. The authorities will reinstate a revoked license only when the DWI offender completes the program.
The Texas Department of State Health Services certifies the program whose standard duration is twelve hours. The same program is available to repeat offenders only that the duration is now thirty two hours. These classes are offered in the evening during weekdays and Saturday mornings. The classes cost a hundred dollars for first time offenders. This price doubles for repeat offenders.
Dangers of Drinking Alcohol
There are so many dangers that go along with drinking alcohol. Some of the dangers of drinking alcohol we’ve listed below.
- Health Problems
- Impairment
- Depression
- Loss of Modal Functions
- Liver Disease
- Pancreatic Cancer
The repercussions of drinking heavily can be devastating. When people get drunk the go driving many people. The act of drunk driving has taken many lives in every corner of the globe.
Drinking alcohol impairs your judgement, it makes your coordination very difficult and it will make every aspect of your life difficult to handle while under the influence.
To learn more about the dangers of alcohol dependence & consumption please review the links below.
A Houston Lawyer for DWI Cases
There have been over 1300 deaths on Texas roads as of the writing of this article, and that fact is a loud and clear signal as to why criminal offenses involving DWI crimes are so harshly prosecuted in the Texas criminal justice system. However, this doesn’t mean that Houston, TX law enforcement should have carte blanche to do as they wish with regard to law enforcement in relation to matters involving motorist intoxication.
Mistakes Made By People Accused of DWI
- In some cases, people wait too long to hire a Houston criminal case lawyer for DWI cases once they’ve bonded out of jail and made the decision to fight the charge. If you’ve been charged with driving while intoxicated within the Houston area, or anywhere else in the state of Texas, talk with a Houston DWI lawyer as soon as possible. Timeliness will ensure that a proper defense can be crafted to fight the charges against you.
- There May Be a Fight Worth Fighting – Don’t ever assume that the case against you is airtight, because in all likelihood, it isn’t. There must be strong evidence against you if the charges of DWI are to stick. The burden of proof is on the state, and any good Houston defense attorney for DWI cases will have the skills to challenge any evidence that State of Texas may attempt to use against you at trial.
- If you have an existing DWI Case mind your manners. Having a pending case against you for driving while intoxicated means you should exhaust all efforts to ensure that you are not arrested, or suspected, of any additional criminal offenses as it may hinder any chance you have of beating your current DWI case.
The Public Stigma of Drunk Drivers
In most cases, the public stigma attached to being accused of drunk driving is well deserved, but in other cases, people who have made an honest mistake of over-drinking may be facing nasty consequences as a result of their irresponsibility with alcoholic beverages.
With the number of children and innocent families who were wiped off the face of the earth due to drunk driving accidents, the frowning upon of society on people who put their lives in danger at the expense of the lives of innocent others, is not misplaced by a long-shot.
Prosecutors all over the state lick their chops at the thought of jailing little old ladies who may not be intoxicated, but are over the extremely low blood alcohol legal limit imposed by the State of Texas. Some people think this low blood alcohol limit was set so artificially low as to make anyone who has their blood alcohol level tested illegally intoxicated in the eyes of the law.
Yes, the law is tyrannical according to the perspectives of some, but you do get a day in court if criminally accused. In the event that you are accused of a crime involving alcohol, its always best to immediately retain defense counsel to ensure that your rights are protected regardless of the public stigma attached to people who are accused of drunk driving in Texas.
Criminal Penalties For DWI Offenses in Texas
Persons arrested for DWI offenses are facing serious criminal penalties if found guilty at trial in Houston, Harris County, Texas.
A first time DWI offense will result in a misdemeanor criminal charge punishable by a fine of up to 2000.00 and a possible jail sentence of anywhere from 3 days to 6 months in a Texas correctional facility.
The only time when a first offense DWI becomes a felony is when there is a child passenger is present. Other cases when first time DWI become felonies is when a homicide occurs as a result of a DWI, or someone is injured as a result of the actions of the intoxicated driver.
If you are ever arrested for DWI, and there is child present in the vehicle, you could be looking at a situation in which felony charges will be filed. The penalty for driving drunk with a person under the age of 15 in the car can be anywhere from 6 months in jail to 2 years with fines of up to 10,000.00. If you’re incarcerated for a lengthy period of time like two years, this may ruin your life and cause you to lose everything you’ve worked so hard for over the years.
If you ever hurt someone due to operating a motor vehicle while intoxicated, stiff felony charges will apply. You could be looking at up to 10 years in a correctional institution. 10 years is a very long to be sitting in jail over an instance of over-drinking when it could have easily been prevented. And someone losing their life isn’t a very good situation either.
Cases of Intoxicated Manslaughter in Texas
When a death is caused as a result of operating a motor vehicle while under the influence of alcohol, the criminal consequence can be nearly as catastrophic as the impact on the family of the dead victim. If you are unfortunate enough to make the costly mistake of driving while intoxicated and causing loss of life, you could be looking at up to 20 years in the state penitentiary.
Keep in mind that hardened jail inmates don’t take too kindly to the killing of non-criminal innocents. The response from any inmate population to a person who is incarcerated for wiping out a whole family because they couldn’t handle their liquor could be deadly. Intoxicated manslaughter is a 2nd degree felony offense ranking right up there with the worse criminals society has to offer.
An Experienced Houston DWI Attorney Can Help
Looking for an attorney with experience fighting criminal charges related to alcoholic criminal offenses is your best bet if you’re facing the criminal justice system and an impending court date. We recommend looking into the hiring of a lawyer who is board certified in criminal law by the Texas Board of Legal Specialization, or at bare minimum, an attorney who is a member of the Texas State Bar.
By hiring an attorney who is skilled with DWI defense, you raise your chances of beating any the criminal case by being backed by an attorney who understands the science of alcohol, evidence collection, and evidence storage. DUI lawyers also know that the equipment used to conduct field sobriety testing should also be tested on a regular schedule and kept up to high maintenance standards. If this equipment isn’t up to standard, then the evidence collected using such devices may not be admissible in the court of law.
Be sure to talk with a lawyer if you are ever in a situation to have to deal with a case like this.