dwi lawyer el paso: understanding potential fines & fees of dwi in texas

8/7/2019 DWI Lawyer El Paso: Understanding Potential Fines & Fees of DWI in Texas

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El Paso DWI and DUI Help Guide

Understanding the TotalCost of DWI in Texas

Understanding the TotalCost of DWI in Texas


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Criminal DWI charges are serious,

please consult counsel.

IMPORTANT

IMPORTANT


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Driving while intoxicated, first offense is a Class B Misdemeanor that is

defined at Texas Penal Code 49.04.

That provision states that, " A person commits an offense if the person isintoxicated while operating a motor vehicle in a public place". This definition setsforth the elements that must be proven to sustain a conviction. Those elementsare: - The defendant, on or about a particular date - Was operating a motor vehicle- In a public place (street, highway, beach, parking lot, etc) - In a particular county -While intoxicated The Texas legislature has specifically defined the term

"intoxication", as that term is used for prosecution of DWI cases {Texas PenalCode 49.01(2)}.


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Driving while intoxicated, first offense is a Class B Misdemeanor that is

defined at Texas Penal Code 49.04.

That provision states that, " A person commits an offense if the person isintoxicated while operating a motor vehicle in a public place". This definition setsforth the elements that must be proven to sustain a conviction. Those elementsare: - The defendant, on or about a particular date - Was operating a motor vehicle- In a public place (street, highway, beach, parking lot, etc) - In a particular county -While intoxicated The Texas legislature has specifically defined the term

"intoxication", as that term is used for prosecution of DWI cases {Texas PenalCode 49.01(2)}.


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There are two definitions to encompass those who do or do not submit tochemical testing:

1) "not having the normal use of mental or physical faculties by

reason of the introduction of alcohol, a controlled substance, a drug,

a dangerous drug, a combination of two or more of those

substances, or any other substance into the body; or

2) "having an alcohol concentration of 0.08 or more."


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There are two definitions to encompass those who do or do not submit tochemical testing:

1) "not having the normal use of mental or physical faculties by

reason of the introduction of alcohol, a controlled substance, a drug,

a dangerous drug, a combination of two or more of those

substances, or any other substance into the body; or

2) "having an alcohol concentration of 0.08 or more."


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At trial, the State therefore may prove intoxication in three (3) different ways:

not having the normal use of physical facultiesOR

not having the normal use of mental faculties OR

having an alcohol concentration of 0.08 or more.

The jury does not have to be unanimous on the manner and means of intoxication, only that theperson was intoxicated. It is also important to note that intoxication must occur and be provento occur while driving. Many other States provide for prosecution of a "lesser included"offense other than DWI (i.e. reckless driving, impaired driving, driving under the influence,etc.). Texas however has no lesser included offense of DWI. Some counties offer pleabargain agreements to other charges than DWI, but they are the exception and not the rule.


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DWI, 1st Offense: Class B Misdemeanor.

DWI, Second Offense: Class A Misdemeanor SpecialCondition for Jail Release on Bond:

DWI, Third Offense (or greater): Third degree FELONY

Classifications & Range ofPunishment for DWI ConvictionClassifications & Range ofPunishment for DWI Conviction


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Fine:A fine not to exceed $2,000.00.

Jail: Confinement in the County Jail for a term of not less than 72 hours normore than six (6) months. Open Container: If there was an open container

of alcohol in your car when arrested, the minimum term of confinement issix (6) days in the county jail. Community

Service: Texas law mandates that a judge order not less than 24 hours normore than 100 hours. Absent unusual facts, most persons convicted of afirst offense DWI are granted community supervision ("probation") of anyconfinement ordered.

The general length of DWI probation is from 1-2 years. There are alsoconditions of community supervision ordered that are fairly standardin most courts.

DWI, 1st Offense:Class B MisdemeanorDWI, 1st Offense:Class B Misdemeanor


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Typical conditions imposed are:

Drug/Alcohol Evaluation.

Attend and complete an approved DWI Education class within 180 daysfrom the date of conviction (Satisfying this requirement will avoid the one(1) year drivers license suspension, unless if you were a minor (under 21)at the time of the offense.)

Attend and complete a Victim Impact Panel.

Pay a monthly supervisory fee (approximately $40.00 in Harris andsurrounding counties) Perform a specified hours of community or volunteerservice



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If convicted, you will be given an Order Granting Probation. This Orderwill be specific and unique to your case and fully sets forth the terms

and conditions of your probation which apply to you. It is the blueprint

for your probation.

Additional Conditions of Probation that may be Ordered:

If your case presents unusual facts (accident, alcohol problem, prior alcoholcontacts, bad driving record etc.), additional conditions may be ordered. Most

conditions are designed to address a problem that appears from the facts oralcohol/drug evaluation that is performed on the subject after conviction.

Again, a specific order is given after each conviction.



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OTHERS: Alcohol Treatment:Attendance at AA or other counseling programs offered through the

probation department. In extreme cases outpatient programs may be ordered. Thiscondition is recommended after an unfavorable drug/alcohol evaluation.

Consume no alcohol: Most courts require that a person not consume any alcohol duringprobation. This provision is monitored by periodic and random urinalysis at the probationoffice. Some courts will not even allow a probationer to enter a bar, tavern or lounge wherealcohol is sold and consumed.

Confinement:Again, in some extreme circumstances, the Court may order that a DWI

offender serve confinement in the county jail as a condition of being granted probation.

Restitution: If there was an accident followed by a DWI arrest, and if your insurancecompany has not paid damages to the other party, restitution of any unpaid amounts willbe ordered by the Court as a condition of probation. Enhanced Penalties: (Prior alcohol ordrug related criminal history)



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Under Texas law, if it is shown that a person has been previously convicted ofDWI, the punishment and penalties after conviction are increased orenhanced.

The prior DWI conviction must have occurred within ten (10) years of thepresent arrest for DWI. Additionally, if a person has any prior DWI convictionwithin the previous ten year period (measured from dates of arrest), the Stateis then allowed to use any prior DWI conviction since obtaining a drivers

license to enhance the accusation to a DWI, third offense.

NOTE: Texas can use prior convictions that have occurred in other states forenhancement of punishment.



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It is important to note that if arrested and accused of a DWI Second orgreater offense, Texas law now requires the Court to Order as a CONDITIONOF RELEASE FROM JAIL ON BOND, that the person install and maintain adeep lung air device on the car that the person intends to drive and operatewhile charges are pending. The device requires a breath sample before it willallow you to start your car. They also require periodic breaths while driving to

monitor and insure sobriety.

DWI, Second Offense: Class AMisdemeanor Special Condition

for Jail Release on Bond




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Jail: Confinement in the County Jail for a term of not less than 72 hoursnor more than one (1) year.

Community Service: Texas law mandates that a judge order not less than

80 hours nor more than 200 hours.






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Fine:A fine not to exceed $10,000.00.Jail: Confinement in the Texas

Department of Criminal Justice, Institutional Division (Penitentiary) for aterm of not less than 2 years nor more than ten (10) years.

Deep lung air device: Deep lung air devices are generally ordered on allpersons convicted of three or more DWI's both as conditions of bond andas conditions of any occupational or provisional licenses that may beawarded after conviction.

Community Service: Texas law mandates that a judge order not less than160 hours nor more than 600 hours.

DWI, Third Offense (or greater):

Third degree FELONY


Third degree FELONY


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Suspension of license:A person convicted of DWI, Second may have

their driving privilege suspended for not less than 180 days or more thantwo (2) years.

Other:A third conviction for DWI indicates a significant problem withalcohol to the Court or jury assessing punishment. Some type ofrehabilitative treatment is therefore mandated in punishment if confinementin the penitentiary is to be avoided. In some cases an in-patient,incarceration program (Substance Abuse Felony Probation SAFP) isordered. This program requires confinement in a State Facility for alcoholrehabilitation.


Third degree FELONY


Third degree FELONY


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After successful completion of the SAFP program, the person is thenreleased and placed on probation for a term not to exceed ten (10) years.

Another popular condition for habitual DWI offenders is a prescription for adrug named "Antabuse". This drug will make a person violently ill if anyalcohol is consumed. The alcohol can be contained in mouthwash ormarinated food and will still have the same effect on the user. If a personhas any type of liver problems, this drug can cause liver failure and death.

DWI, Third Offense (or greater):Third degree FELONYDWI, Third Offense (or greater):Third degree FELONY


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Texas law does not provide for any increased punishment after DWI, thirdoffense. If a person presents a DWI, fourth offense or beyond, the typicalpunishment is confinement in the penitentiary from two (2) to ten (10)

years without probation being granted.

In some cases SAFP may be granted upon proper request and showing thatit is appropriate.

DWI, fourth offense or beyondDWI, fourth offense or beyond


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Intoxication Assault: Third degree Felony "A person commits an offense ifthe person, by accident or mistake, while operating a .... motor vehicle in apublic place while intoxicated, by reason of that intoxication causes seriousbodily injury to another" {Texas Penal Code 49.07}. " 'Serious Bodily

Injury' means injury that creates a substantial risk of death or protractedloss or impairment of the function of any bodily member or organ".


Jail: Confinement in the Texas Department of Criminal Justice, Institutional

Division (Penitentiary) for a term of not less than 2 year nor more than ten(10) years.

Community Service: Texas law mandates that a judge order not less than160 hours nor more than 600 hours.



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Intoxication Manslaughter: Second Degree Felony "A person commits anoffense if the person:

1. operates a motor vehicle in a public place, and...

2. is intoxicated and by reason of that intoxication causes the death of

another by accident or mistake."


Jail: Confinement in the Texas Department of Criminal Justice, InstitutionalDivision (Penitentiary) for a term of not less than 2 year nor more than

twenty (20) years.Community Service: Texas law mandates that a judge order not less than

240 hours nor more than 800 hours.



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If a person is involved in an accident where there is risk of

death or death, a mandatory blood sample will be taken

for analysis and use in the prosecution of either

Intoxication Assault or Intoxication Manslaughter.

NOTENOTE


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For more useful advice on how to protectyourself when facing DWI charges in EL Paso, Texas:

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You can get yourFREE DWI | DUI Guide eBook here.

dwi lawyer el paso: understanding potential fines & fees of dwi in texas

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