Caught up in DWI, driving while intoxicated, can be stressful. Driving under influence is a very looked down upon action and a one’s personal records badly. As DWI arrests are treated as criminal in nature, they are always worth fighting. It’s worth it to fight even if there is only a small chance of overturning it. Having no DWI records against one’s name is much better both personally and professionally. Sometimes, the field sobriety test may have been conducted wrong, the proofs against you may have been improperly obtained and many other factors can come into play in a DWI charge. Thus, once again it is absolutely worthwhile to fight a DWI charge.
Why fight a DWI Charge; Punishments and Penalties in Texas
“A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place, [which is] a Class B misdemeanor, with a minimum term of confinement of 72 hours.” (Texas Penal Code, Section 49.045) The penalty can further rise to six days in jail on the discovery of an open alcohol container in the vehicle. Although First time DWI charges are usually considered as class B misdemeanors, in certain cases they can also be elevated to class A misdemeanors. The usual punishment for a DWI first offense convict can include:
In case of class B misdemeanor:
- Fine up to $2,000, and 72 hours to 180 days in jail
In case of class A misdemeanor:
- Fine up to $4,000, and Jail up to 1 year
Probation or a combination of jail time and probation instead of straight jail time can be pleaded in court for the first DWI offense.
Second-time DWI charges are considered a class A misdemeanor. In case of second-time DWI charges:
Punishment laid out for class A misdemeanor of first time DWI charges, and
Minimum 72 hours or if less than 5 years time since last DWI charge, 5 days in jail in case of probation.
3rd DWI charge is considered a 3rd-degree felony. For this felony DWI, punishments include:
Fine up to $10,000, and 2 years to 10 years in prison, or a minimum of 10 days in jail in case of probation.
Other factors like the presence of children under 15 years in the vehicle, bodily damage to others while driving under influence can increase the punishment.
DWI Arrest; Collateral Penalties
Below are some other damages one may face in their lifestyle after a DWI charge:
- Higher insurance premiums or revoked insurances
- Obstacles in finding employment
- Obstacles in obtaining loans or applying for a rented house
- Being barred from voting(if convicted of a felony)
- Being unable to possess firearms(if convicted of a felony)
Possible defenses against a DWI Charge
While a DWI charge may look like a game, set and match with all shreds of evidence against one, there still are quite a few points of argument that can be made. The intoxilyzer operator responsible for the breath test may be inexperienced or made a few mistakes. The intoxilyzer itself may have not been properly calibrated in some cases. Or maybe the evidence collected to support the charge was illegal. Therefore, finding a good DWI lawyer should be the first step for anyone caught in a DWI case. A good DWI attorney can help one in finding counter-evidence or irregularities in the case after a complete understanding of the case.
Hence, it’s best to have a good long chat with your DWI lawyer about all the relevant facts to build an effective defense strategy. Don’t fret after getting caught up in a DWI charge. Discuss the materials with your lawyer before taking any further steps.
