Houston DWI Defense Lawyers

As with any criminal offense resulting in criminal charges, the first step following a DWI arrest is taking that ride to the local county jail. If you’re arrested for suspicion of drunk driving in Houston or anywhere else in Texas, you’ll be immediately taken into custody by the arresting officer. Then, you’ll be detained in county lock-up pending a bail bond hearing.

Once a bond is set, you’ll be able to bond out of jail. Afterward, you’ll be responsible for appearing in court on the date assigned for you on the docket. If you’re convicted of Driving While Intoxicated, the consequences will largely vary between first-time offenders and habitual offenders, misdemeanor and felony offenders, and the details of your case. In the sections below, we’ve outlined the most common DWI-related criminal offenses and penalties as defined by Texas DWI laws.

First offense drunk driving offenses are Class B Misdemeanor crimes. The consequences of a conviction for this crime include a county jail sentence of up to 180 days with a fine of up to $2,000.00. However, most first-time DWI offenders can avoid jail by participating in a community service program. Also, their Texas Driver’s License will be suspended for a period ranging from 90 days to 6 months.

If a person is convicted of DWI a second time, they’ll face the consequences as defined by Class A Misdemeanor guidelines. The penalty for a 2^nd DWI conviction includes a county jail sentence of anywhere from 30 days to 1 year and a Texas Driver License suspension period of 180 days to 2 years.

Should an individual be arrested for DWI a third time, following two previous convictions, their offense will be classified as a Third Degree Felony. The court will consider them a habitual offender. A conviction under 3^rd Degree Felony guidelines could result in a prison sentence ranging from 6 months (180 days) to two years, a fine of up to $10,000.00, and the suspension of their license for up to two years following their release from incarceration.

Special Note: It’s not uncommon for Habitual DWI offenders to be sentenced to life in prison. If you’re arrested for a felony offense in Texas or have previous DWI cases on your record, hire a criminal defense lawyer.

At a minimum, drunk driving with a child passenger present is a State Jail Felony criminal offense in Texas. A conviction for this offense will result in a state jail sentence of 180 days to 2 years, a maximum fine of $10,000.00, and suspended driving privileges for up to 2 years.

Special Note: Any previous conviction or criminal history could result in an enhancement, which would mean the potential for a prison sentence of up to 10 years.

Intoxication assault is generally defined as when a person injures another party as a result of driving while intoxicated. This is a serious felony charge. This typically happens when a drunk driver strikes a pedestrian or collides with another vehicle resulting in personal injury. This is a 3^rd Degree Felony offense as ordered by Texas laws, which could mean a 10-year prison sentence if convicted.

Intoxication manslaughter is the charge you’ll face if you cause the death of another person as a result of drunk driving. These are serious charges. These homicide offenses are classified as Second Degree Felonies in Texas. A conviction can result in a 20 year prison sentence with a fine of up to $10,000.00. If you or a loved are charged with intoxication manslaughter, it’s important to become aware of your legal rights quickly.

An open container violation occurs when an officer finds any kind of container which holds alcohol in a vehicle. The vehicle doesn’t have to be in motion and provides probable cause for the police officer to arrest you for DWI and conduct a full vehicle search. However, the “open container” violation itself isn’t a DWI charge. This offense is an unjailable Class C Misdemeanor offense. If convicted, can be resolved by paying a small fine of up to $500.00.

Special Note: Fighting this charge and beating it is essential to avoiding an enhancement later, should an arrest for a DWI offense occur in the future. Also, a convicted party may be liable for court costs. Talk with a lawyer for more information.