DWI Basics

DWI_in_Texas

Why You Need Representation With Your DWI

When you get arrested for DWI the stakes are high even if this is your first arrest.  Putting on an effective defense requires knowledge of the idiosyncrasies involved in the defense of a DWI charge.  The complexities surrounding the evidence that is used against a defendant in such a trial can be overwhelming for someone with no legal training or experience with DWI trial work.

If you do not hire the Bunger & Bunger to represent you, hire another attorney.  Below are some reasons you need a skilled attorney to represent you with your defense of a DWI.

• With an attorney you will have full benefit of all areas of the law that offer protection
• Often, Lawyers deal more successfully with prosecutors than lay defendants.
• A skilled DWI Attorney is better able to determine the strengths and weaknesses of a case and is able to more skillfully minimize the damages caused by the weaknesses
• An established DWI attorney will have access to experts and will be able to determine their potential value on a case by case basis
• A lawyer better understands the intricacies of DWI representation

The attorneys at Bunger & Bunger are skilled criminal trial lawyers with vast experience in DWI representation.  Call the law office for more information.
 

DWI in Texas

There are things that you should know when you are faced with a DWI charge.  The range of punishment and the classification of the charge varies depending on whether it is your first DWI or a subsequent charge.  Below is a brief summary of the classifications and range of punishment.  Also, please read DWI Basics for information about the methods in which DWI is proven in Texas, and other useful information about DWI.

DWI, 1st Offense: Class B Misdemeanor

DWI, Second Offense: Class A Misdemeanor

DWI, Third Offense (or greater): Third Degree Felony

Penalties for Repeat & Habitual Felony Offenders

 

DWI, 1st Offense: Class B Misdemeanor.

• Fine: A fine not to exceed $2,000.00.
• Jail: Confinement in the County Jail for a term of not less than 72 hours nor more than six (6) months.
• Open Container:  If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail.
• Community Service:  Texas law mandates that a judge order not less than 24 hours nor more than 100 hours.

Typically, unless there are unusual facts, most people convicted of a first offense DWI are granted probation (community supervision). The general length of DWI probation is two years. There are also conditions of community supervision ordered that are fairly standard in most courts. Typical conditions imposed are: Drug/Alcohol Evaluation, Alcohol Education, and attendance at a MADD Victim Impact Panel.  There may also be surcharges assessed to your driver license renewal.

The Court May Order Additional Conditions of Probation:

If the circumstances surrounding your DWI presents with compound facts, such as an accident, demonstrable alcohol consumption problem, priors, or poor driving record, the court may order additional conditions to the probation. One of these conditions may be the use of an Ignition Interlock Device which is installed on the vehicle and will require the operator to breathe into the device before the vehicle can be started.

State Enhancement Penalties: (Prior alcohol or drug related criminal history)

Under Texas law, if it is shown that a person has been previously convicted of DWI, the punishment and penalties after conviction are increased or enhanced. The prior DWI conviction must have occurred within ten (10) years of the present arrest for DWI. Additionally, if a person has any prior DWI conviction within the previous ten year period (measured from dates of arrest), the State is then allowed to use any prior DWI conviction since obtaining a drivers license to enhance the accusation to a DWI, third offense. NOTE: Texas can use prior convictions that have occurred in other states for enhancement of punishment.                                                                                 Top of Page

DWI, Second Offense: Class A Misdemeanor

• Special Condition for Jail Release on Bond: It is important to note that if arrested and accused of a DWI Second or greater offense, Texas law now requires the Court to Order as a CONDITION OF RELEASE FROM JAIL ON BOND, that the person install and maintain a deep lung air device on the car that the person intends to drive and operate while charges are pending. The device requires a breath sample before it will allow you to start your car. They also require periodic breaths while driving to monitor and insure sobriety. New technology has made these devices "user sensitive" so that someone else cannot blow into the device for the driver. Although this provision seems to run afoul of the presumption of innocence, Texas Courts have consistently held that such condition is necessary to protect a legitimate governmental interest in making public roadways safe for the motoring public.
• Fine: A fine not to exceed $4,000.00.
• Jail: Confinement in the County Jail for a term of not less than 72 hours nor more than one (1) year.
• Community Service: Texas law mandates that a judge order not less than 80 hours nor more than 200 hours.
• Deep lung air device: Typically deep lung devices are required for all DWI second offenders during probation.
• Suspension of license: A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.                                                                                                          Top of Page

DWI, Third Offense (or greater): Third degree Felony

• Fine: A fine not to exceed $10,000.00.
• Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than ten (10) years.
• Deep lung air device: Deep lung air devices are generally ordered on all persons convicted of three or more DWI's both as conditions of bond and as conditions of any occupational or provisional licenses that may be awarded after conviction.
• Community Service: Texas law mandates that a judge order not less than 160 hours nor more than 600 hours.
• Suspension of license: A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.
• Other: A third conviction for DWI indicates a significant problem with alcohol to the Court or jury assessing punishment. Some type of rehabilitative treatment is therefore mandated in punishment if confinement in the penitentiary is to be avoided. In some cases an in-patient, incarceration program (Substance Abuse Felony Probation SAFP) is ordered. This program requires confinement in a State Facility for alcohol rehabilitation. After successful completion of the SAFP program, the person is then released and placed on probation for a term not to exceed ten (10) years.
• Another popular condition for habitual DWI offenders is a prescription for a drug named "Antibuse". This drug will make a person violently ill if any alcohol is consumed. The alcohol can be contained in mouthwash or marinated food and will still have the same effect on the user. If a person has any type of liver problems, this drug can cause liver failure and death.
• Texas law does not provide for any increased punishment after DWI, third offense. If a person presents a DWI, fourth offense or beyond, the typical punishment is confinement in the penitentiary from two (2) to ten (10) years without probation being granted. In some cases SAFP or "Shock Probation" may be granted upon proper request and showing that it is appropriate. However, please see Penalties for Repeat & Habitual Felony Offenders for information on how punishment can be enhanced if other felonies have been convicted.                     Top of Page

Penalties for Repeat & Habitual Felony Offenders

Section 12.42 of the Texas Penal Code states that punishment can be enhanced where the state shows prior felony convictions other than DWI's.  For example, if it shown on the trial of a state jail felony that the defendant has previously been convicted of two state jail felonies, with the second subsequent to the first conviction, the defendant will be punished as if a third degree felony was committed.  The gist of 12.42 is that at the other end of the range of punishment is that a defendant with three DWI convictions (third being a third degree felony) and another two felonies (such as assault, robbery, etc.) can be sentenced to life in prison or 25 to 99 years. Tex Pen. Code Sec. 12.42(d)

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