Have you or a loved one been charged with a DWI in Harris County?
In Texas, as in most states, the rules relating to drunk driving and drugged driving have become stricter over the years. As those rules have changed, the penalties for a conviction have become more severe. DWI is no longer treated with a “slap on the wrist.” Even a first offense can land you in jail, lead to thousands of dollars in fines, and cause you to lose your license for months.
If you are facing a DWI charge, call the Law Office of Nathaniel Pitoniak for a consultation.
What is Driving While Intoxicated?
The law defining DWI is contained in section 49.04 of the Texas Penal Code. It prohibits driving while intoxicated. “Intoxicated” means:
- Not being able to use your normal physical or mental facilities due to the presence in your system of alcohol, a drug, or a combination of the two; or
- Having a blood alcohol concentration (BAC) of 0.08 or higher.
Stated another way, if a breathalyzer or other chemical test shows that your BAC is over the legal limit, you can be charged with DWI with no further proof of intoxication, even if you’re actions appear unaffected by drugs or alcohol. Conversely, you can be charged with DWI even without a BAC over the legal limit if there is evidence that you are impaired due to the use of alcohol and/or drugs.
Penalties for DWI in Texas
There are a number of factors that can affect the penalty if you are convicted of driving while intoxicated. Perhaps the most important one is whether you have one or more prior DWI convictions. Here are the applicable penalties:
- First Offense. This is a Class B misdemeanor, with jail time between 72 hours and 180 days. Your license suspension will be between 90 days and 1 year, and you face a fine of up to $2,000.
- Second Offense. This is a Class A misdemeanor. The jail time ranges from 30 days to 1 year, and your license can be suspended for between 180 days and 2 years. The fine could be as high as $4,000.
- Third Offense. This is a third degree felony. Jail time ranges from 2 to 10 years, and the license suspension is between 180 days and 2 years. The maximum fine is $10,000.
While these are the basic penalties if you are convicted of drunk or drugged driving, there are a number of factors that can affect the potential sentence. I some cases, you may also be subject to additional requirements, including installation of an ignition interlock device.
Additional DWI Related Offenses and Sentencing Enhancements
While your prior record will have a definite impact on the potential sentence for a DWI, other issues will also come into play. Those issues include:
- BAC of 0.15 or higher. If your blood alcohol concentration is 0.15 (that’s almost twice the legal limit) or higher, a first time DWI becomes a Class A misdemeanor, carrying higher potential penalties.
- DWI with Open Container of Alcohol. If you are convicted of drunk driving with an open container of alcohol in your immediate possession, the minimum confinement is 6 days.
- DWI with Child Passenger. Driving in a public place while intoxicated, with a passenger under the age of 15, is a state jail felony.
- Refusal to Submit to Breathalyzer. Texas is an “implied consent” state, and the refusal to submit to a sobriety test could subject you to an automatic license suspension of 180 days.
Other offenses relating to DWI include intoxication assault and intoxication manslaughter, both of which are felonies.
Defenses to DWI Charges
The fact that you are charged with DWI – or a related offense – does not mean that you will be convicted. The state must prove every element of the charge beyond a reasonable doubt. And in the case of drunk driving charges, there are many potential areas of defense, depending upon the facts of your case:
- Illegal traffic stop. Many DWI’s begin after a traffic stop. If the stop was illegal, then the evidence obtained as a result – including any breath tests or field sobriety tests (FST’s) – will be inadmissible in the case against you.
- Faulty administration or interpretation of breath test. Both the breathalyzer and the way in which the breath test was administered and interpreted are subject to attack. Faulty equipment, police officers who are not trained to use the equipment, and other facts may lead to the results being inadmissible.
- Faulty administration or interpretation of FST’s. Standard FST’s contain specific tests. Varying from those tests can affect their admissibility. In addition, there are often medical and other reasons – unrelated to alcohol or drugs – that can affect how you perform on these tests. These facts can counter any allegation that you “failed” an FST.
Other defenses may exist in your case, including the possibility that you were not the driver, and were not “operating” a motor vehicle.
Drunk Driving Defense Attorney in Houston
With the increased media focus, you can expect more and more sobriety checkpoints and traffic stops, and a corresponding increase in DWI arrests. If you have been charged with drunk driving or drugged driving, the potential consequences could affect your job, your family and your entire way of life. Contact Houston DWI attorney Nathaniel Pitoniak today to find out your rights, and how he can help in your case.
DWI FAQ’s
Q: Do I really need an attorney for my DWI case?
A:
If you look at the potential penalties that will be imposed if you are convicted of driving while intoxicated, you’ll realize that a lot more is at stake in a DWI case than you might think. You could be looking at thousands of dollars in fines, jail time, loss of your driver’s license, and more.
Q: If I am pulled over and the officer asks me to take a breathalyzer test, do I have to agree?
A:
The answer is that you don’t have to agree to take the breath test; but be aware that a refusal could lead to serious consequences. First, you may refuse to take the breath test prior to an arrest. On the other hand, if you refuse to take a breath test after being lawfully arrested, may automatically have your license suspended for 180 days depending on the outcome of the Administrative License Revocation hearing.. The suspension could be longer if you have a prior DWI or refusal history. You should also be aware that the officer may be able to obtain a search warrant that would allow the taking of a breath test (or a blood sample) without your consent.
Q: I was arrested for driving while intoxicated, but my blood alcohol concentration (BAC) was only 0.06. Won’t the case be thrown out?
A:
The case may be dismissed, but not solely because your BAC is under the legal limit. The basic DWI law in Texas says that you commit an offense if you are intoxicated while driving. “Intoxication” is defined as (a) not having the normal use of your physical or mental facilities because of alcohol and/or drugs in your system, or (b) having a BAC of 0.08 or higher. As a result, if your BAC is below the threshold, you may still be found to be intoxicated under the statute.
Q: What are the penalties for a first-time DWI?
A:
For your first DWI, the penalties generally include jail time from 72 hours to 180 days; a license suspension of at least 90 days; and a fine of up to $2,000. You can also expect a hefty increase in your insurance premiums. The penalties will increase depending on other factors, including, having a BAC of 0.15 or higher, having an open container of alcohol in your possession, having a child passenger in your car, or if you refused a lawful request to submit to sobriety tests.
Q: Can breathalyzer test results be challenged in court?
A:
Yes. Breath test results can be challenged in court. We can challenge the experience and training of the testing officer; the manner in which the test was conducted in your case; whether the results were influenced by other factors; and whether the device was properly calibrated. Additional defenses may also exist.
Q: Is DWI a misdemeanor or a felony?
A:
A first-time DWI is a class B misdemeanor. If your BAC is 0.15 or higher, it is a class A misdemeanor, as is a second DWI. A third DWI is a felony, as is a DWI with a child under 15 in your vehicle.
Q: What is an ignition interlock device (IID)?
A:
An IID is, in essence, a breathalyzer installed inside your car. You must blow into the mouthpiece of the device in order to start the engine, and you may be required to blow into it periodically during the course of your travels. The IID works by interrupting the connection between the engine and the car’s starter.
Q: I am a commercial truck driver. Are the DWI standards the same as for non-commercial drivers?
A:
No. The legal limit for commercial drivers driving a commercial vehicle is 0.04, half the legal limit for non-commercial drivers. The 0.04 standard is also set by the Federal Motor Carrier Safety Administration. Under the FMCSA rules, a commercial driver (who is driving a commercial vehicle) with a BAC of 0.04 is deemed to be driving under the influence.
Get Help From a Houston DWI Attorney Now
DWI is a large and complex subject. The penalties are harsh and vary substantially depending upon many different factors. For answers to all your DWI questions, call the Law Office Nathaniel Pitoniak for a consultation with an experienced Houston DWI lawyer.
