DWI and its Punishment Ranges
DWI charges are prosecuted with a high level of intensity and reliance on questionable evidence. Despite claims that the science behind Field Sobriety Tests and BAC calculations are objective and accurate, most DWI arrests are based on subjective evidence. The Standard Field Sobriety Test (SFST) is considered by law enforcement agencies as an objective measure used to gauge an individual's level of intoxication. But unlike most scientific tests that are conducted under strict controls in laboratories, Field Sobriety Tests are often conducted on the side of the road or in a parking lot. In addition, the directions the officer communicates to the suspect must be both precise and understood. If there is any miscommunication, then the observed results may not be accurate.
 
     Driving While Intoxicated cases must be defended aggressively. When you choose an attorney make sure that attorney has understands the all the tests used to prosecute a DWI cases. You need an attorney who also understands police training and breathalyzer calibration. Contact us immediately, if you've been arrested for DWI.
 
     We've included a brief breakdown of the classifications and punishment ranges for DWI convictions and some of the additional consequences.

DWI – First Offense
      Is a class B misdemeanor with a punishment range of 72 hours to one hundred eighty days in the county jail. Generally, people will be eligible for community supervision (probation) on a first conviction.
 
DWI – Second Offense
      A second DWI is a class A misdemeanor that is punishable by 30 days to one year in the county jail and up to a $4,000 fine. Most District Attorney offices require mandatory jail time for a second offense DWI.
 
DWI – Third Offense or Higher
      A third arrest for DWI is classified as a third degree felony that carries not less than two nor more than ten years in prison and up to a $10,000 fine.
 
DWI with an open container of alcohol – First Offense
      This is a Class A misdemeanor as well, the only difference in punishment between this charge and a DWI -first offense is that here the minimum is six days.
 
DWI with an accident causing serious bodily injury caused by the intoxication
      If someone is injured or killed during an accident and you're accused of DWI, then you could be charged with Intoxicated Assault or Intoxicated Manslaughter. Intoxicated Assault is a third degree felony punishable by not less than two nor more than ten years in prison and up to a $10,000 fine. Intoxicated manslaughter is a second degree felony with a punishment range of two to twenty years in prison and up to a $10,000 fine.
 
DWI with a child passenger
      If there is a child passenger in the car and you are arrested for DWI, then the offense is a state jail felony offense with a punishment range of one hundred eighty days to two years in a state jail facility and up to a $10,000 fine. It does not matter if it is your first arrest.
 
Why Driving While Intoxicated convictions are becoming even more expensive.
      In 2003, the Texas Legislature passed a law requiring people convicted of driving while intoxicated to pay an annual surcharge on their driver's license for the first thirty six months following their conviction. The surcharge schedule is as follows:
 
     – $1000 per year for a first driving while intoxicated conviction
 
     – $1,500 per year for a second or subsequent driving while intoxicated conviction within thirty six months of a previous conviction.
 
     – $2,000 per year if it is shown at trial that the person's breath, blood or urine concentration was 0.16 or more at the time the analysis was performed.
 
     All of these fees are in addition to your attorney's fees, community service fees, fines, court costs, Ignition Interlock devices, DWI classes and substance abuse education.
 
     DWI's are not cheap. A good attorney could end up saving you money in the end. Contact us today and we'll start working to defend your rights.