Only A DWI Houston Lawyer Can Save You From A First Time DWI Offense

Author: Gloria Lipp

The laws relating to a DWI offense varies from jurisdiction to jurisdiction, each state having their own rules and regulations, including BAC levels in the body, monetary penalties and jail terms. Many states also implement a Zero Tolerance Policy which prohibits teenagers from driving under the influence of any amount of alcohol in their system. Understanding the laws enacted for a DWI offense in Texas can be of great help for both the convict and the lawyer as choosing the right path to defend such case is the key to getting success. In Texas a first time DWI offense is considered as a misdemeanor but the consequences are way more serious than general misdemeanor offenses. In such a case hiring the services of a capable DWI Houston Lawyer comes as a much needed remedy for the convict as he can reduce the charges leveled against you or even get you released without paying any charge at all. Several factors and evidences need to be considered to establish the genuinity of a suspected DWI offense and the loopholes of such cases are best known only to a professional.

REMAINING SILENT DURING A PULL OVER FOR SUSPECTED DWI

In case you have been pulled over for a suspected DWI offense by the law enforcement officials there are several options available to you. You can either opt to co-operate and follow the instructions provided or just remain silent. Even if you have been caught for driving in an intoxicated state or under the influence of any other drug you cannot be arrested as long as you are within the permissible legal limit for BAC content. The constitutional rights of a Houston citizen provides that you need not be answerable to law enforcement officials in case you have been detained for driving while intoxicated. This states that you have a right against self-incrimination. You can choose not to co-operate with the officer-in-charge of the incident and request to get in touch with an attorney. Depending on the intensity of the case you might not be allowed to speak to an attorney until and unless you undertake a field sobriety test or you are arrested. Your request to consult an attorney will ensure that you are aware of your constitutional rights and such a fact can never be used against you. An experienced and capable DWI Houston Lawyer will inquire about the fact whether or not you had the right to consult a lawyer at the time of your arrest.

CHARGES FOR A DWI FIRST OFFENSE

Driving while intoxicated in the state of Texas is considered as a Class B Misdemeanor for an offense committed for the first time. The convict shall be punishable with monetary penalty which may extend up to $2,000 and/or sentenced to jail term for a period of not less than 3 days and extending up to 180 days in a county jail. However, even for a first time offense the charges vary according to the intensity of the crime. Committing an accident while behind the wheels of a vehicle under the influence of alcohol seriously injuring another person is considered as a third degree felony and the convict is punishable with a minimum of 2 years and a maximum of 10 years in state prison and/or fine not exceeding $10,000. Taking the life of another person while driving in an intoxicated state is a second degree felony and the convict is sentenced to jail terms for a period of 2 years and up to 20 years in state prison and a monetary penalty of up to $10,000. A DWI offense committed while having a child in the vehicle below the age of 15 years is a state jail felony punishable with jail terms of minimum 180 days and a maximum of 2 years in state jail and fine not exceeding $10,000.