You probably know that driving with a blood-alcohol content (BAC) of 0.08 percent or higher is classified as a DWI offense in Texas. Indeed, the 0.08 percent limit is the standard across the United States. And if you test above 0.08 percent following a DWI arrest, you face a number of criminal penalties, including possible jail time and a fine.
But what you may not realize is that some DWI cases are treated more harshly than others.
For example, if you are charged with a DWI based on a BAC of 0.15 percent or higher–or roughly twice the legal limit–you face enhanced penalties under Texas law. Basically, a first-time DWI is normally charged as a Class B misdemeanor. But a first-time DWI with a BAC of 0.15 percent or above is a Class A misdemeanor.
In practical terms, a Class B misdemeanor means up to 180 days in jail, while a Class A misdemeanor can mean up to a year. The maximum fine for a Class A misdemeanor is also double ($4,000) that of a Class B misdemeanor ($2,000). Keep in mind, however, that these are maximum penalties. In many cases, a judge or jury will sentence a defendant to a lesser penalty based on the specific facts and circumstances.
Appeals Court Upholds Defendant’s $2,000 Fine
As with any criminal case in Texas, a DWI trial is usually separated into two phases: a guilt/innocence phase and, if the defendant is found guilty, a sentencing phase. A defendant can choose to have a jury decide both phases. Alternatively, the defendant can elect to have the judge handle both phases or just the sentencing.
The judge must pronounce the sentence orally in court. The court will then issue a written judgment reflecting the oral sentence. The judge cannot impose additional or harsher terms in the written judgment that were not part of the oral sentence. And if there is such a conflict, then the oral sentence controls.
In a recent Texas DWI case, Patel v. State, a defendant argued the trial court imposed a fine in the written judgment that was not orally pronounced at sentencing. In this case, a jury found the defendant guilty of DWI with a BAC of 0.15 percent or more, a Class A misdemeanor. The defendant elected to have the judge determine the sentence.
The district attorney and the defense presented a joint sentencing recommendation of 120 days in jail, 15 months probation, and a $2,000 fine.
At sentencing, the judge approved the recommendation. But the judge’s oral pronouncement only referenced the jail time and probation. The court neglected to expressly mention the fine but included it in the written judgment.
On appeal, the defendant argued the fine should be deleted since it was not orally pronounced. The Texas 14th District Court of Appeals in Houston disagreed. Given the fine was part of a sentencing recommendation the defendant agreed to, the judge stating their approval of that recommendation was sufficient to include the fine in the oral pronouncement of the sentence. As far as the appeals court was concerned, there was no conflict between the oral and written sentence.
Facing Criminal Charges in Greater Houston?
Contact Houston DWI Lawyer Tad A. Nelson Today
A DWI sentence can have a significant impact on your life even if you do not end up serving substantial jail time. That is why it is important to work with an experienced Houston DWI & drunk driving defense lawyer. Contact Tad Nelson today to schedule a free case review.
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