Houston DWI Lawyers
- Mostyn Law Firm:
- Male motorists who die in automobile crashes are twice as likely
as female drivers to be legally drunk (BAC of 0.10 g/dL or greater).1
- The highest intoxication rates among drivers in fatal crashes
in 1997 were for those 21 to 24 years old (26.3%), followed by 25 to 34
years old (23.8%) and 35 to 44 years old (22.1%).1
- Drivers aged 21-34 years having been arrested for driving
while intoxicated are over four times as likely to ultimately die in a
crash involving alcohol than those who have not been arrested for
driving while intoxicated. Adult drivers aged 35 years or older are 11
times more likely to have the same fate.
- Alcohol-related accidents cost the U.S. $45 billion in direct cost, loss of earnings and household productivity.
Drinking and driving rates have remained unacceptably high among U.S.
adults, states research supported by the National Institute on Alcohol
Abuse and Alcoholism. Incidents of driving a car after drinking “enough
to be in trouble if stopped by the police" were reportedly high,
especially for men. Results showed that all drinkers seem to misjudge
how much alcohol they can drink before their driving ability becomes
impaired.
KNOW YOUR RIGHTS!
- Kahn Law Firm:
Driving while Intoxicated
Driving while intoxicated (DWI) is a serious crime with violent and often fatal consequences. ÊThe Texas Legislature (Texas Penal Code (¤724) 49.01) has defined a DWI as "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body" or "having an alcohol concentration of 0.08 or more". The district attorney only has to prove one of these statements to the jury in order to get a guilty verdict.ÊÊ They will use either your breath/blood test or the video that the police made of you while they were administering the field sobriety tests at the station or on the side of the road.
Penalties of a DWI Conviction
First DWI - Class B Misdemeanor
Range of Punishment
Jail: Confinement in the county jail for not less then 72 hours nor more then 180 days.
Fine: A fine not to exceed $2,000.
If you had an open container of alcohol in your possession when you
were arrested, the minimum term of confinement is six (6) days in the
county jail.
Absent dangerous or severe facts, many people convicted of their
first DWI will have their jail sentence probated, and be placed on
probation. Probation can last up to 24 months. It is important to
understand that any violation of any condition of probation can result
in your probation being revoked and the jail sentence imposed.
Second DWI - Class A Misdemeanor
Texas law requires the Court to order, as a condition of your bond,
that the person install and maintain a deep lung air device on the car
the person drives. This device requires you to blow into it before it
will allow you start your car. If it detects the presence of a certain
amount of alcohol, it will not let you start you car. Further, some of
the devices require that you periodically blow into the device as you
drive down the road.
New technology has made these devices "user sensitive", so they
are supposed to be able to detect if you have someone else blow into
your device. Does this not seem to presume you are guilty, not
innocent?
Range of Punishment
Jail: Confinement in the county jail for not less then 30 days nor more then 1 year.
Fine: A fine not to exceed $4,000.
If probation is granted and you were convicted within 5 years of
your 1st DWI, you must serve a minimum of 5 days in jail as a condition
of your probation.
If probation is granted and you were convicted within 10 years of
your 1st DWI, you must serve a minimum 3 days in jail as a condition of
your probation.
Third DWI (or more) - 3rd Degree Felony
Most Judges will not put an ignition interlock as a condition of
your bond if it is your 1st DWI. However, if you are charged with
Intoxicated Assault, Manslaughter, or a subsequent DWI (no matter how
long ago your 1st DWI was), you are required by law to install an
ignition interlock device on your car. You also are not allowed to
drive any vehicle that is not equipped with an interlock device. If the
device determines a certain level of alcohol on your breath, it will
temporarily disable your vehicle. When driving, you have to
continuously blow into the device about every 20 minutes. It becomes
extremely difficult to entertain a client, conduct real estate
business, or drive the kids with their friends to school with this
device in your car.
Range of Punishment
Penitentiary: Confinement in the Texas Department of Corrections (TDC) for not less than 2 years, nor more then 10 years.
Fine: A fine not to exceed $10,000.
If probation is granted, you must serve a minimum of 10 days in jail as a condition of the probation!
Intoxication Assault - 3rd Degree Felony
Texas law states that a person commits an offense if the person, by
accident or mistake, while operating a motor vehicle in a public place
while intoxicated, by reason of that intoxication causes serious bodily
injury to another. (Emphasis added)
"Serious Bodily Injury means injury that creates a substantial
risk of death or that causes serious permanent disfigurement or
protracted loss or impairment of the function of any bodily member or
organ."
Most Judges will not put an ignition interlock as a condition of
your bond if it is your 1st DWI. However, if you are charged with
Intoxicated Assault, Manslaughter, or a subsequent DWI (no matter how
long ago your 1st DWI was), you are required by law to install an
ignition interlock device on your car. You also are not allowed to
drive any vehicle that is not equipped with an interlock device. If the
device determines a certain level of alcohol on your breath, it will
temporarily disable your vehicle. When driving, you have to
continuously blow into the device about every 20 minutes. It becomes
extremely difficult to entertain a client, conduct real estate
business, or drive the kids with their friends to school with this
device in your car.
Range of Punishment
Penitentiary: Confinement in the Texas Department of Corrections (TDC) for not less than 2 years to 10 years.
Fine: A fine not to exceed $10,000.
Intoxication Manslaughter - 2nd Degree Felony
Texas law states that if a person commits an offense if a person
operates a motor vehicle in a public place while intoxicated and by
reason of that intoxication causes the death of another by accident or
mistake.
Most Judges will not put an ignition interlock as a condition of
your bond if it is your 1st DWI. However, if you are charged with
Intoxicated Assault, Manslaughter, or a subsequent DWI (no matter how
long ago your 1st DWI was), you are required by law to install an
ignition interlock device on your car. You also are not allowed to
drive any vehicle that is not equipped with an interlock device. If the
device determines a certain level of alcohol on your breath, it will
temporarily disable your vehicle. When driving, you have to
continuously blow into the device about every 20 minutes. It becomes
extremely difficult to entertain a client, conduct real estate
business, or drive the kids with their friends to school with this
device in your car.
Range of Punishment
Penitentiary: Confinement in the Texas Department of Corrections (TDC) for not less than 2years to 20 years.
- Paul Kennedy:
Know and Exercise Your Rights
- You are better off not saying anything at all than talking
to the police. Anything you say may be used against
you. The worst mistake you can make is to lie to the
police. Remember, when you're in a hole, stop
digging.
- You do not have to identify yourself to the police. It is
not a criminal offense to refuse to identify yourself
unless you are a witness to a crime or under arrest.
- You have the right to refuse to take a breath test if you
are stopped for suspicion of DWI. Understand that
once you "blow" into the machine, that sample of your
breath is destroyed and cannot be retested. Also
understand that these machines are unreliable and
subject to erroneous readings.
- You have the right to refuse to take a field sobriety test
if you are stopped for suspicion of DWI. There are
factors other than intoxication that can cause you to fail
a field sobriety test. The results of a field sobriety test
may be used against you.
- Should you choose to refuse to answer questions or
subject to any tests, always do so politely.
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