If you have a commercial driver's license, a DWI conviction will result in the loss of both your license and your livelihood. You need an experienced attorney to fight the conviction.
Choose from the following
Probation
First offense
Second Offense
Third Offense
DWI With an Open Alcohol Container
DWI With an Accident
DWI Involving Death
DWI With a Child Passenger
DWI and Minors
Most clients charged with DWI receive Probation. Parole and probation are both supervisory-type mechanisms employed in the punishment phase of the criminal justice process. Parole comes into play after a person has been imprisoned and is released. Probation, by contrast, refers to a criminal sentence separate and distinct from incarceration. Probation is the most frequent sentence imposed and typically involves releasing the convicted offender into the community subject to a list of terms and conditions. The actual terms can vary widely, based on the underlying crime, the characteristics of the offender, and the resources of the probation system. All probations are subject to a requirement that the offender refrain from committing further crimes. The conditions of probation generally include the following: 1) reporting once a month to a probation officer 2) not breaking the law during probation; 3) paying a monthly supervisory fee to the probation office (approximately $50.00); 4) performing community service hours during the term of your probation (usually between 24 and 80 hours); 5) attending DWI awareness classes dealing with the effects of alcohol or listening to victims of DWI related tragedies; 6) abstaining drinking alcohol while on probation; 7) fines and court costs; 8) submitting to a breath test by long enforcement or court personnel upon request; 9) installing an alcohol ignition interlock device on your car and only drive a car equipped with such as device; (this is usually required for a second or third DWI or on a first DWI if their was an accident) 10) a $50.00 donation to Crime Stoppers; 11) to remain within the county of your residence unless given permission by the court to leave it; and, 12) any other requirements the court sets for you.
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A first-offense conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 3 days to 180 days, and a driver license suspension of 90 to 365 days. (Class B Misdemeanor).
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The maximum fine increases to no more than $4,000.00 and/or jail from 30 days to one year, and a possible driver license suspension ranging from 180 days to 2 years. (Class A Misdemeanor).
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You may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment, and suspension of your driver license ranging from 180 days up to 2 years. (3rd Degree Felony).
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DWI With an Open Alcohol Container
DWI with an open alcohol container (first offense): In addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00. (Class B Misdemeanor).
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DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication: this crime is called intoxication assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000.00. (3 rd Degree Felony).
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DWI where a death has occurred as a proximate cause of the intoxication: here, the crime is intoxication manslaughter. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies).
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DWI with a child passenger: A person commits a state jail felony if they drive while intoxicated and there is another person in the vehicle who is under 15 years of age. `Punishment for a non-enhanced state jail felony is by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00.
In most DWI cases you will receive probation, but there is no guarantee that you will receive a probated jail sentence or fine. If you are convicted of intoxication assault and wish to receive probation, a minimum of 30 days in jail must be served as a condition of probation. If you are convicted of intoxication manslaughter you must serve a minimum of 120 days in jail. If you are convicted of Intoxication Assault or Intoxication Manslaughter and the court or jury finds that you committed the offense with a deadly weapon you may not be eligible to receive probation at all.
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Minors can be cited for violating Texas law if they are caught purchasing, attempting to purchase, possessing or consuming alcoholic beverages. Further, minors who consume any amount of alcohol and then drive a motor vehicle can be arrested or ticketed for illegal activity even where the minor is driving without being intoxicated. A person under 21 arrested for DWI will be treated differently mostly in regard to their driver license. Driver license restrictions and suspensions are more severe for a person under 21 arrested and convicted of DWI. A person who is under 21 will have a one-year suspension period even if they receive probation for a DWI. Thus, they may need a restricted driver license for one year.
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Contact David A. Breston or call (713) 224-4040 for a free consultation.
