HOUSTON DWI ATTORNEY: DWI PENALTIES

DWI Attorney Representation in Houston, Texas since 1992

DWI Penalties in Texas

Tad Nelson & Associates provides experienced and aggressive DWI defense representation to people throughout Galveston County and the Houston metro area. Our lawyer, former Galveston County assistant district attorney Tad Nelson, understands how prosecutors approach these cases and uses that knowledge to help our clients minimize or avoid the consequences of an arrest and conviction.

1. First Offense

• Up to a $2,000 fine for first offense DWI
• 72 hours to 180 days in jail
• Driver's license suspension: 90 days to 1 year

COMMUNITY SUPERVISION (PROBATION):

Most people convicted of a first offense DWI do not serve any jail time. They are technically sentenced to jail, but the jail sentence is suspended and they are put on community supervision (probation). The probation is generally for a term of one year but under certain circumstances it can be as much as two years or as little as six months. While on community supervision you must do what the judge orders you to do. These directives are called conditions of probation. If the conditions are not followed, the judge has the option of revoking your community supervision and putting you in jail for any number of days up to the original jail sentence you received that was suspended.

The judge can order any reasonable condition on your probation. The typical conditions of probation are as follows:

• Do not violate the law.
• Report to your probation officer. (This is usually once a month.)
• Pay your fine, court costs and monthly probation fees.
• Do community service. For a first offense DWI you must do between 24 and 80 hours community service. The type of community service varies.
• Abstain from the use of alcohol and any non prescription medication.
• You can not enter bars, taverns and lounges.
• You may never become intoxicated.
• You must attend DWI Education classes.
• You must attend what is called a Victim Impact Panel. This is presented by M.A.D.D. It is designed to educate on the dangers of DWI.
• Get a drug and alcohol evaluation. (If the evaluation reveals you have a problem with drugs or alcohol then treatment of the problem will be ordered.)
• Maintain a job and support all your dependants

(These are the most common conditions that are imposed on a person placed on probation on a DWI first offense)

2. Second Offense

• Up to a $4,000 fine for second offense DWI
• 30 days to 1 year in jail
• Driver's license suspension: 180 days to 2 years

COMMUNITY SUPERVISION (PROBATION):

If you are convicted of a second DWI you are eligible still eligible for community supervision (probation). Community supervision is not the automatic on a DWI second like it is on a DWI first, but it is still likely. If you are given community supervision on a second DWI the requirements will generally be more demanding than a first offense. Likewise, the length of probation will more than likely be for a full two years. The additional requirements that are generally required on a second DWI offense are as follows:

• You must serve jail time as a condition of your probation. (The maximum is 30 days, this is day for day jail time.)
• The community service must be from 80 to 200 hours.
• You will be required to have a deep lung air device on your vehicle. This is a breath test hooked up to your cars ignition. If alcohol is on your breath your car will not start. This will be automatically reported to your probation officer as a violation of your probation and can cause your probation to be revoked. THIS IS THE LAW AND CAN ONLY BE CHANGED FOR GOOD CAUSE.

3. Third Offense

• Up to a $10,000 fine for a third offense DWI
• 2 to 10 years in the state penitentiary
• Driver's license suspension: 180 days to 2 years

COMMUNITY SUPERVISION (PROBATION):

f you are convicted of a third DWI offense there are situations where you are eligible for community supervision (probation) and some where you are not. If you are eligible for community supervision the term must be from 2 to 10 years. The courts will look at many factors in determining if you get community supervision. Some of these factors are: How long has it been since your last DWI? If you previously had a probation how did you do on that probation?(did you ever violate a condition of the probation?) How severe are the facts of the new case? Was there an accident? If you took the test how high was you alcohol concentration? Any aggravating factors?.

The following conditions of probation will likely be required if a person is granted probation for a felony DWI. (In addition to the ones required for a class A misdemeanor.)

• Community service hours rise to 160 to 600.
• You must serve jail time as a condition of probation. (The minimum time is ten days and the maximum is 180 days.) THERE IS NO WAY AROUND THIS, ALTHOUGH WE MAY BE ABLE TO NEGOTIATE WEEKEND SERVICE.
• There are various types of alcohol treatment programs that a judge can require. These range from inpatient treatment to out patient treatment.

4. Intoxicated Assault & Manslaughter Defense Attorney

An intoxicated assault is when a person is guilty of DWI and also CAUSES serious bodily injury to another person.

(Serious Bodily Injury: is defined as an 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.)

• Up to $10,000 fine
• 2 to 10 years in the state penitentiary
• Drivers license suspension: 180 days to one year

COMMUNITY SUPERVISION (PROBATION):

Community supervision (Probation) is legally available for some intoxicated assault cases. The severity of the injuries as well as prior record of the accused will be important factors on whether or not a person gets probation.

The following conditions will likely be required if a person is granted probation for an intoxicated assault. (In addition to those for a DWI):

• You must serve jail time as a condition of probation.( A minimum of 30 days and a maximum of 180 days.)
• There must be from 160 to 600 hours of community service.
• There are various types of alcohol treatment programs that a judge can require. These range from inpatient treatment to outpatient treatment.

5. Intoxicated Manslaughter: Third Degree Felony

A person is guilty of intoxicated manslaughter if the person is guilty of DWI and by reason of that intoxication causes the death of another person either by accident or by mistake.

• Up to $10,000 fine
• 2 to 20 years in the state penitentiary
• Drivers license suspension: 180 days to 2 years

COMMUNITY SUPERVISION (PROBATION):

Community supervision (Probation) is still a legal possibility in some intoxicated assault cases, but is very difficult to get. Intoxication manslaughter has become one of the most public crimes in DWI defense. Family members of the victim are usually involved in any plea negotiations and they usually want a very severe punishment. More times than not if you want community supervision you will have to try your case to the jury.

If a person receives probation the following conditions apply. (In addition to the conditions of a felony DWI.)

• You must serve jail time as a condition of probation. (A minimum of 120 days and a maximum of 180 days.)
• There must be 240 to 800 hours community service.

6. DWI with a child passenger

A person commits a state jail felony if they are stopped for Driving While Intoxicated (DWI) with a passenger under 15 years of age. The penalties for a non-enhanced state jail felony include incarceration for a period no less than 180 days and not more than 2 years, a fine not to exceed $10,000, in addition to the restrictions associated with a third DWI.

Driving while license suspended

If your license is suspended for any reason and you drive, and are caught, than you will have the following penalties resulting from this Class "B" Misdemeanor. These penalties increase dramatically if you are caught more than once (resulting in a Class "A" Misdemeanor).

• 3-180 Days in jail
• $100 - $500 fine

8. Fifteen day DWI rule

If you are charged with a DWI in the state of Texas, your Driver's License can be automatically suspended unless a special hearing is requested within 15 days. If you fail to do so, you can loose your driving privileges before your case is resolved. In order to obtain your license back, you must win your DWI case in court or have the charges reduced. It is important to hire an experienced attorney who can represent you in court.

The 15 Day Rule applies to you if:

• Your blood alcohol level (BAC) was over the legal limit
• You refused to take any of the three sobriety tests
• You tried to take the tests, but the officer stated that you refused
• Your were under 21 when arrested and BAC shows any amount of alcohol
• You had a commercial license when arrested and your BAC was .04% or higher

If you have been arrested for a DWI in the state of Texas, immediately contact an experienced DWI attorney who knows the law and can represent you in court.

At the Law Offices of Tad Nelson & Associates, our defense attorneys have years of experience handling numerous DWI cases. We arduously prepare for each case and thoroughly investigate for evidence that can be used for your benefit. Our DWI attorneys will fight to protect your rights and pursue a positive outcome.

You only have 15 Days to request an administrative hearing. Don't hesitate to call.

To speak with an experienced DWI lawyer and obtain a free consultation, please contact the Law Offices of Tad Nelson & Associates. We will provide you with excellent legal service and aggressive representation.

9. Community Supervision

Community supervision/probation may allow 1st and 2nd-time offenders to avoid spending additional time in jail. That said — probation is no picnic and can include drug/alcohol treatment, a significant number of hours of community service, and educational classes. People convicted of felony DWI charges are technically eligible for probation but the likelihood of receiving it is not good. Probation requirements for any individual will grow more stringent with each conviction.

10. Other Felony DWI Charges

In addition to the third offense felony classification, felony charges are also brought in cases that involve accidents, serious and fatal injuries, or driving drunk with minor children in the car. These charges include Intoxication Assault, Intoxication Manslaughter, and DWI with a Child Passenger. Penalties for a conviction on any of these charges are similar to those for a conviction on a third offense.

Meet
Tad Nelson

Attorney Tad Nelson, a native Texan and a lifelong resident of the Houston/ Galveston area, was born on Galveston Island and graduated from the local public high school, Galveston Ball, in 1983. After graduation, Mr. Nelson traveled to Austin to attend the University of Texas. Read More >>>