DWI Lawyer Houston

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Legal Rights and Potential Consequences of DWI
Arrest
Getting arrested for reasons of driving while
intoxicated or while under the influence of
drugs doesn't automatically mean an individual
is facing a certain conviction and jail time.
The best ammunition an arrested individual can
possess is knowledge of what rights are
available before arrest and after arrest.
Additionally, knowing the possible consequences
and punishments associated with a
DWI in the city of Houston, Texas allows for a
much savvier individual. No matter how much
information a person might possess on the arrest
process, however, contacting a DWI lawyer
Houston should be the first phone call made after
legal problems arise.
DWI information every Houstonian should possess
includes
1. Illegal blood alcohol content in the state of
Texas is a concentration of .08 or higher.
2. A DWI is a Class B misdemeanor at the very
least and does carry a minimum sentence if a
person is convicted.
3. Texas has a zero-tolerance policy for
under-age drinking and special charges may be
levied upon a minor.
4. All individuals have rights to a trial by jury
and are not required to undergo a court trial
where the judge makes the decision of guilt or
innocence.
5. The prosecutor must prove several items to
convict someone of DWI. Those elements include
possessing an illegal blood alcohol content,
operation of a vehicle in a public place, and
that the defendant was operating under diminished
mental capacity.
6. When pulled over by law enforcement an
individual is required to answer no questions.
Any DWI lawyer Houston will suggest that a
person says absolutely nothing during a stop.
7. Breathalyzer tests and the resulting blood
test may be refused, although a license may be
suspended for up to 6 months. After refusing such
tests, retaining use of a license requires
calling a DWI lawyer Houston to make a special
request of the court.
Each of these legal guidelines applies to every
citizen in Houston. Being aware of these laws
helps guide a person's actions when an arrest has
been made, or before an individual is sent into
the legal system for processing and eventual
prosecution.
The penalties for being convicted of DWI and
other associated crimes vary greatly and range
from Class B Misdemeanor charges to 2nd Degree
Felonies. The following punishments may be
levied against the individual if a call isn't
made on time to a DWI lawyer Houston to avoid
conviction
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1. The first offense for a DWI may carry a fine
of 2,000, a 90-day license suspension, and a
minimum jail sentence of 72 hours. The maximum
penalties include a year suspension of a license
and up to 6 months in jail.
2. The second time someone is convicted of DWI,
punishments offered include a fine of up to
4,000, a month of jail time, and a license
suspension of at least 6 months. Maximum
penalties associated with a second offense
include jail that lasts an entire year and a
license suspended for 2 years.
3. The third conviction of DWI carries even
stiffer penalties with a fine of up to 10,000,
a jail sentence of at least 2 years, and a
suspended license of 6 months. At the judge's
discretion, those penalties may increase to up
to 10 years of jail time and a suspended license
of up to 2 years.
4. Texas also provides a special penalty if a
person is found guilty of DWI while a child
passenger is in the vehicle. A child passenger
is classified as someone under 15 years of age.
Additional punishments may include a 10,000 fine
and time spent in the state jail for up to 2
years.
5. A driver found with an open container of
alcohol in his or her vehicle also faces
additional punishment of 6 more days in jail and
a fine of up to 2,000. This crime is a Class B
Misdemeanor.
6. A DWI where an injury occurs as a result of a
person's operation of a vehicle while
intoxicated is an additional crime with which a
person may be charged. The crime is called
Intoxication Assault and penalties associated
with this crime include up to a decade in jail
and a 10,000 fine. This crime is a 3rd Degree
Felony.
7. In cases where a death was caused during the
commission of a DWI offense, a charge of
Manslaughter or Manslaughter with Use of a Deadly
Weapon may be levied. Each of these 2nd Degree
Felonies might land someone in jail for 20 years
along with a fine of 10,000.
8. If an individual has a prior conviction for
drag-racing, the charges for DWI will be
bumped up to a Class A Misdemeanor from a Class B
Misdemeanor. As any DWI lawyer Houston will
suggest, being arrested for multiple crimes or
being arrested with prior convictions may often
increase penalties and the severity of charges
levied against the defendant.
Speaking with a lawyer quickly will always be the
best way to make sure that a person never has to
deal with these consequences and that a person's
rights are always upheld during the arrest and
any successive court proceedings. The suggestion
that a person should contact a DWI lawyer
Houston as soon as possible after arrest is one
of the most important pieces of advice when
facing a potential DWI conviction.
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If you've been arrested for DWI in Houston, it's
vital to call 212-555-1234 to speak with a
knowledgeable legal professional about your
case. Alternatively, you may use the contact
form on this page to get in touch with a DWI
lawyer Houston.