Houston DWI Attorney – Brett Podolsky
Being convicted or even just being charged with driving while intoxicated (DWI) can have very real and specific consequences on a person’s life. In addition to the criminal penalties involved, there are very severe civil penalties which affect the offender’s ability to drive. These civil penalties can sometimes be worse than the criminal ones due to the high fines that are invoved. Many people believe that being charged with a DWI means that there will be an automatic conviction. However, an experienced DWI defense attorney like Brett Podolsky may be able to have the penalties lessened or the charges dismissed altogether.
Definition of DWI
Although generally used to refer to drinking and driving, a DWI may refer to other types of intoxication. A driver can be considered intoxicated if a substance negatively affects their driving. Intoxication can be caused by:
For alcohol, drivers over the age of 21 with a blood-alcohol level of .08 or higher will be considered intoxicated. Drivers under the age of 21 will be considered intoxicated with a blood-alcohol level of .02.
Penalties and Consequences of DWIs
Legal penalties for DWI depend on the person’s criminal history.
A first time conviction for DWI will be considered a Class B misdemeanor. Punishment can include up to 6 months in jail, fines, a suspended driver’s license and court ordered alcohol treatment. Texas will also impose a DWI surcharge of $1,000 every year for the next three years as an administrative fee. If this fee is not paid then Texas will not issue the person a valid driver’s license.
For a second offense DWI the criminal classification becomes a Class A misdemeanor. The time in jail can increase to up to one year in jail. The fines and DWI surcharge also increase and a person’s driver’s license can be suspended for up to two years.
If a person is convicted of DWI for a third time they will be convicted of a third degree felony. In addition to the penalties listed above, the fine can increase to $10,000 and two to ten years in prison. After a third DWI conviction, the Texas Criminal Code does not provide for any increased penalties. However, a judge or jury will consider the offender’s prior driving record and will likely impose more prison time for each subsequent offense.
How can Brett A. Podolsky Help?
An experienced criminal defense attorney will know how to successfully defend a DWI. Brett Podolsky has defended numerous DWI cases and has a proven track record of positive results. He will be able to guide his clients through the criminal justice system and achieve the best possible outcome for their case.
Contact the Law Office of Brett A. Podolsky at 713-227-0087 for a free consultation.
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