If you’ve been arrested for more than one drunk driving incident in the state of Texas, you may be familiar with the process of going to court and sentencing. However, if a certain amount of time has passed since your matter was resolved, the consequences can be quite different now considering recent initiatives to crack down on drunk driving. The State has taken an especially aggressive stance on drivers who’ve been arrested for drunk driving on any occasion but more severely on multiple occasions and it’s in your best interest to understand how this will impact your future. While you should consult with an attorney experienced in DWI matters in Texas, here are a few initial considerations on what to do if you have multiple DWIs.
Is The Number Of DWIs I Have Important To My Case?
If you’ve had one or more DWIs in the past, the number of previous arrests does have bearing on your case, as it affects the charges you’ll face and the punishments you may receive.
- A second DWI offense is considered a Class A Misdemeanor, and the penalties may include a fine of up to $4,000 plus court costs, a jail term ranging from 72 hours to one year. If probation is given there will be court costs, fines, community service and a alcohol awareness program. In addition, with a DWI conviction your license will be suspended for a period of up to 2 years. When your license has been suspended you will have to pay the State a surcharge during the suspension. This is mandatory because non payment of surcharges will result in your license not being reinstated.
- A third offense or more is a Third Degree Felony under Texas law, which subjects you to a fine of up to $10,000. It’s also possible that you’ll be incarcerated at a state penitentiary for 2 to 10 years. Again, if probation is offered there may there will be court costs, fines, community service and an alcohol awareness program in addition to other programs possibly ordered by the court. All of this is determined prior to any plea by your attorney and the prosecutor. Sometimes your attorney may have you attending an inpatient substance abuse program, alcohol awareness programs and other programs to help, but that is no guarantee that you will avoid jail. The possibility of incarceration is still present. Your license will be suspended for a substantial period of time. When your license have been suspended again, you will have to pay the State a surcharge during the suspension. This is mandatory because non payment of surcharges will result in your license not being reinstated.
How Can A Criminal Lawyer Help Me Fight My Case?
You need an attorney who is well versed in the area of DWI criminal law who will be able to provide you with the proper defense. This is necessary when dealing with the judicial system in the State of Texas.Your attorney can look at your case to see if there’s questionable evidence, such as errors in your field sobriety or breathalyzer tests, see if any of your rights have been violated, and what the incident report alleges. Afterwards he or she will be able make an informed decision as to whether the state has a case against you. Your attorney will make the decision whether to work with the prosecutors and possibly make a plea deal, plea to a different charge, or if he or she decides the State does not have enough evidence to convict you, take your case to trial. In some instances, your attorney can also point out certain facts that may justify a lower punishment.
Considering the grave consequences that can result when you’ve been arrested for multiple DWIs, you can see how important it is to have a knowledgeable attorney represent you before the court. The attorneys at Stockard, Johnston, Brown, Netardus & Doyle, P.C. have the experience and expertise to represent your interests before the court. Please contact our office to speak with Jarrett Johnston, one of our DWI/DUI lawyers, who can answer your questions and tell you what to expect.