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Houston DWI: Penalties for Multiple Driving While Intoxicated Arrests

Best Houston DWI Lawyer
There are set penalties an will be given for a Houston . Certain factors trigger penalties to increase, like multiple While Intoxicated offenses, the presence of minors, or accidents that resulted in the injury or death of another individual. In addition to legal penalties, many individuals convicted of DWI face problems outside of the courtroom, such as social ostracism, job , limited future opportunities, strained personal relationships, community service requirements, damaged reputations, and of community. They may also face greater insurance costs.  It is critical that you contact the Best Houston DWI Lawyer as soon as possible to explore your options and obtain advice about your case.  Houston DWI Lawyer Charles Johnson is available around the clock, 365 days/year to answer any questions you may have.

The following is a list of legal penalties for committing a Houston DWI:

First Houston DWI :

Criminal Status:
Class B Misdemeanor

Jail:
Minimum 72 hours, or 6 days if open container is present.

Houston DWI Fines/Costs:
Fine not to exceed $2,000. Other administrative and evaluation fees might be assessed. Texas imposes a “surcharge” for a Driving While Intoxicated on top of regular fines. The surcharge is $1,000 per year for 3 years for a first Driving While Intoxicated offense and $2,000 if the person’s BAC was double or more than the legal limit (.16).

Texas License Suspension: Yes, One year.

Attending DWI Education class may avoid this. Occupational license might be granted based on need.

Texas Conditional License:
A conditional, or occupational license, may be issued based on “essential need” and generally only when the orders an offender into alcohol assessment/rehabilitation. Offenders who have been granted occupational licenses within 10 years are ineligible. For definitions of “essential need”, see Transportation Code Section 521.241.

Vehicle Impound: None

Houston DWI School:
First time offenders must complete a 12 hour Driving While Intoxicated Education Program within 180 days of when was granted or risk having their license revoked.

Texas Probation:
Terms of probation decided by judge or jury.

Texas Community Service:
24 hours needed, but no more than One hundred hours.

Second Houston DWI Offense Plus:

Texas Criminal Status:
Class A Misdemeanor. A 3rd DWI is a 3rd degree .

Jail:
Seventy two hours, not more than One year. A Third Driving While Intoxicated often means 2-10 years in the penitentiary.

Houston DWI Fines/Costs:
Fines not to exceed $4,000. Other administrative and evaluation fees might be assessed. Texas imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,500 per year for three years for a second DWI offense and $2,000 if the person’s BAC level was double or more the legal limit (.16).

Texas License Suspension:
Yes, 180 days to two years. Occupational license may be granted based upon need.

Vehicle Impound:
None.

Houston DWI School:
Repeat offenders must complete a 32 hour Driving While Intoxicated Repeat Offender Program.

Texas Probation:
Terms of probation decided by judge or jury.

Texas Community Service:
Minimum 80 hours, but no more than 200 hours.

Driving While Intoxicated and Driving with Minor:
It’s a felony to drive when intoxicated with a minor younger than 15 years of age inside the vehicle. This particular offense carries with it a mandatory blood test. You will be forced to submit to getting your blood drawn.

Commercial Vehicle:
Over .04 BAC level may suspend a commercial driver’s license for one year and as much as three years if the driver was carrying hazardous materials.

Under Age: 21

Texas Open Container Laws:
Yes, driver and passenger. This is a Class C Misdemeanor.

Driver Responsibility Tax:
Texas imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,000 per year for three years for a first DWI offense, $1,500 per year for 3 years for a second Driving While Intoxicated offense and $2,000 for a initial or subsequent conviction if the person’s BAC level was double or more the legal limit (.16).

Ignition interlock device program:
Necessary to be able to be released from jail on bond. Required for all second-offenders during probation.

Hire the Top Houston DWI Lawyer: The Charles Johnson Law Firm

In addition to these penalties, Driving While Intoxicated convictions leave a mark on your criminal record for life. When you have been charged with Driving While Intoxicated, it is essential to retain the services of a skilled Houston DWI Lawyer. They are able to negotiate with judges and prosecutors to get your charges and penalties decreased or dropped. Moreover, they will provide all of their customers with viable options, multiple resources, aggressive representation, and compassionate care.

*** These penalties are subject to change based on the circumstances surrounding every case. It’s also best to consult Houston DWI Lawyer Charles Johnson to talk about your options and also the details surrounding your specific case.

Top Houston Drunk Driving Attorney: Getting A Grasp On Field Sobriety Tests

When law enforcement suspect an individual has been driving under the influence, they will ask him/her to perform a series of standard tests, also called field sobriety tests. Field sobriety tests help law enforcement determine a driver’s level of intoxication by challenging his/her physical and mental coordination and capacity to follow instructions. They’re also utilized to establish a probable cause for criminal arrest.

If you happen to be pulled over for suspected DWI, be courteous to the police officer. On the other hand , do not answer inquiries about what you have had to drink or when.

Politely refuse to submit to field sobriety testing, as this is not mandatory and you cannot be penalized for a refusal of this kind.

The three used by Houston police officers are:

    • The Horizontal (HGN): HGN refers to the involuntary jerking of the eyeball. When an individual is , it is believed that his or her eyes are more likely to twitch. During the HGN test, law enforcement officer will hold an object in front of the driver and ask him/her to follow the object with his/her eyes. If the driver cannot follow the object, or if his/her eyes start twitching, then it is taken as a sign of intoxication. (Nevertheless, it is very important to note that Nystagmus is medical and that is widespread in a large number of folks, even when they are sober)
    • The One-Leg Test: the driver stands on one and raises the other leg six inches off the ground while counting out loud. The driver is expected to stand on one without raising his/her arms, losing balance, wobbling, hopping around, or putting the lifted leg down.
    • The Walk and Turn Test: the driver takes in a straight line touching heel to toe, stops, and then repeats the action in the other direction

In addition to these DWI tests, law enforcement officers could possibly require drivers to perform additional tests, including:

  • Finger to nose test
  • Reciting the alphabet
  • Counting backwards
  • Balancing tests

If you did perform a field sobriety test and were arrested, it is vital to speak to the best Drunk Driving Lawyer in Houston immediately. The majority of police officers have already decided to charge you at this point, and are at this point just looking for additional evidence to use against you in the courtroom. Many attorneys believe field sobriety tests are inaccurate, subjective, and designed for failure. There are many factors that can certainly cause people to appear intoxicated, most notably nervousness, age, lack of natural coordination, lack of proper instruction, weather, fatigue, illness, physical problems, disabilities, injuries, car headlights, weight, footwear, intimidation, and traffic distractions.

Other important advice:

  • After your criminal arrest, you have the right to remain silent. You do not need to answer questions or submit to formal questioning about the case. While it is best to cooperate and be polite, you do not need to answer questions about how much you have had to drink and when. Exercise this priviledge, and you will have a far greater chance of avoiding a conviction.
  • You also have the right to . This is a constitutional right that needs to be observed in order to provide defendants in criminal cases the opportunity to prove their innocence. By consulting a Houston DWI criminal as soon as possible subsequent to a DWI arrest, you will provide him or her a better chance of making a positive effect on your case.
  • If you are arrested, be sure that you speak to the Texas DPS as soon as possible. You have only Fifteen calendar days to schedule an ALR (Administrative License Revocation) hearing relating to your license suspension. Failing to schedule this hearing will result in the automatic suspension of your license.
  • Most importantly, speak to Houston Driving While Intoxicated Attorney as soon as you are able to. Having a skilled attorney at your side as early in the process as possible will mean that your rights will undoubtedly be protected and you will have the greatest opportunity of avoiding license suspension and a conviction.

Houston DWI Defense: Houston Drunk Driving Attorney Charles Johnson

If you have been arrested and charged for DWI, and you performed one or more field sobriety test, it is very important to hire an expert Driving While Intoxicated Lawyer in Houston to investigate your case and represent you in court. Houston Charles Johnson will use his expertise to fight the criminal charges brought against his clients and protect their legal rights. He will question the arresting officer’s ability to properly conduct a field sobriety test, and make sure the police officer didn’t violate their clients’ rights throughout the arrest. In addition, he will be dedicated to providing every client with personalized attention, viable alternatives, and aggressive DWI defense.

Houston Drunk Driving Lawyer Johnson will not stop working until he obtains a favorable result, and see that justice has been served.

We can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

 
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