DWI Penalties
Houston DWI Lawyer – Brett Podolsky
Being pulled over by a Texas state trooper for suspicion of driving while intoxicated (DWI) could mean that there are big legal problems just ahead. When it comes to building or maintaining a prosperous career and sound reputation, a DWI conviction just isn’t the way to go. Fortunately, there’s a DWI lawyer in the Houston area who specializes in safeguarding the driving record and future of anyone facing a DWI charge – whether it’s your first offense or if it’s your second or third charge. Be sure to refer to our DWI frequently asked questions as well.
Texas DWI
The police must have probable cause to pull a driver over for suspicion of driving while intoxicated. Among the irregular driving patterns that often trigger a traffic stop are speeding, ignoring traffic signals or swerving from lane to lane. To be convicted of a DWI charge, however, it must be shown that the driver was guilty of one of the following DWI criteria:
- A blood alcohol content of no less than .08 while operating a motor vehicle
- Mental or physical impairment due to drugs or alcohol while driving
Any of the following circumstances may result in a DWI arrest:
- The driver admits to being under the influence of alcohol or drugs
- The officer notices an open container of alcohol in the vehicle
- The driver fails to pass a field sobriety test
Possible DWI Penalties
The penalties for a first or subsequent DWI in the state of Texas are stiff. An experienced DWI attorney will insure that the prosecution proves the charge beyond any reasonable doubt. Consider the following DWI penalties:
- A first DWI conviction will stain a defendant’s record with a Class B misdemeanor. Aside from creating a criminal record, the offense may also mean up to six months in jail and a fine of no more than $2,000. The charge and penalties can also be enhanced in cases of intoxication assault or driving with a minor child in the vehicle. DWI assault is a third-degree felony and can result in up to 10 years in prison and a fine of up to $10,000.
- A second DWI conviction will add a Class A misdemeanor to a defendant’s criminal record. The offense is punishable by up to one year in jail and a fine of no more than $4,000.
- A third DWI charge is serious business. Conviction will result in a third-degree felony, up to 10 years in state prison and a fine of no more than $10,000.
Talk to a Houston DWI Attorney
Even if a defendant receives a sentence of probation, a second or third DWI conviction will probably require a stint in jail. There may also be civil penalties for being convicted of a DWI within 10 years of a previous conviction.
Anyone charged with a DWI in the Houston area should immediately contact Brett Podolsky at 713-227-0087 for a complimentary consultation.
