Driving while intoxicated by drugs or alcohol is a criminal offense that can have very serious legal consequences in Texas. There are a number of ways an experienced Houston DUI or DWI defense lawyer can help reduce the consequences you may be facing if you are accused of drunk driving.
The charges may be reduced to a lower class of crime, or they can be dropped. If the police find you sitting at the wheel, with the key in the ignition, you could be arrested even if all you have done is to stop at the side of the road, many drivers are surprised to learn that they can be accused of a DUI or DWI even after only one or two drinks.
The trusted Houston DUI/DWI attorneys at Xavier Law Firm are here to guide you through every step of your case, providing skilled legal representation and the information you need to make informed decisions that can help mitigate potential consequences.
What happens if you are stopped by a cop who suspects you are driving under the influence in Houston, Texas?
Traffic Stop: The police officer will pull you over for a traffic violation or if they have reasonable suspicion that you may be driving under the influence.
Field Sobriety Tests (FSTs): The officer may ask you to perform field sobriety tests, such as walking in a straight line or standing on one leg, to assess your level of impairment.
Breathalyzer Test: If the officer has probable cause to believe you’re intoxicated, they may ask you to take a breathalyzer test to measure your blood alcohol concentration (BAC). In Texas, the legal BAC limit is 0.08% for adults.
Arrest: If the officer determines that you are impaired, they may arrest you for DUI. At this point, you will be taken to the police station or a breath testing facility.
Implied Consent: Texas has an implied consent law, meaning that by driving on the state’s roads, you are implicitly agreeing to chemical testing (blood or breath) if arrested for DUI. Refusing the test can result in additional penalties, such as a license suspension.
Booking: After the arrest, you will be booked, which involves recording your personal information and details of the offense.
Release or Detainment: Depending on the circumstances, you may be released on bail, or you might be detained until a court appearance.
Court Proceedings: You will have to appear in court to address the charges. Legal consequences may include fines, license suspension, mandatory alcohol education programs, and, in some cases, jail time.
While the information provided offers a general overview, it’s important to note that specifics may vary depending on individual circumstances. Regardless of the sequence of events during your arrest, it is imperative to consistently seek legal counsel from an experienced Houstin DUI and DWI defense attorney before discussing the charges you are facing with anyone.
What are the legal consequences of being charged with a DUI or DWI in Houston, Texas?
In Texas, legal intoxication, defined by a blood alcohol concentration (BAC) of 0.08%, triggers legal consequences. However, it’s crucial to realize that the law is violated as soon as drugs or alcohol impair driving abilities. If you are wondering 'what class misdemeanor is a DUI or DWI,' the below list explains the legal consequences you will face if you are found guilty of driving while intoxicated and what class of misdemeanor each offense is.
(DWI Class B misdemeanor) – punishable by a fine not exceeding $ 2,000.00.
- Jail time: 72 hours to 180 days,
- Driver’s license suspension: 90 days- 1 years,
- Annual surcharge of as much as $2,000 to keep your license
You may be required to install an ignition interlock device on your car and attend a DWI intervention or education program.
If you are found with an open container in your car on your first DWI, you may face the following penalties:
- Class B Misdemeanor
- Maximum Fine: Up to $2,000
- Jail Range: 6 days to 180 days in county jail
- License Suspension: 90 to 365 days
Now, let’s delve into a more serious aspect. If you find yourself operating a motor vehicle under the influence, the situation becomes significantly grave. Factors such as having a minor in the car or causing harm to another person elevate the complexity of the case, leading to more severe consequences. The following list outlines potential scenarios and their corresponding repercussions:
DWI or DUI With a Child Under 15 In the Car in Houston, Texas
Drunk driving with a child passenger
- You will be charged with child endangerment if you’re driving drunk with children under 15
- You will be additionally fined up to $10,000
- You could be put in jail for up to two years
- You will lose your driver’s license for another 180 days
Intoxication Assault
A person commits an offense if the person, by accident or mistake, while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another, “serious bodily injury” means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
- (Serious crime of the Felony Third Degree) – Punishable by a fine not exceeding $ 10,000.00
- Confinement in the State Penitentiary: 2-10 years
- License suspension: 90 days-1 year
Involuntary Homicide Due to Poisoning (DWI Causing Death in Another Person):
INTOXICATION MANSLAUGHTER
Intoxicated and, because of that intoxication, causes the death of another by accident or mistake.
(Serious crime of the 2nd degree) –These offenses are prosecuted under different code sections than DWI law and expose offenders to much more severe consequences.
- Maximum Fine: Up to $10,000
- Jail Range: 2 to 10 years to life in Texas Department of Criminal Justice (TDCJ)
- License Suspension: 180 days to 2 years
Legal consequences for those charged with a DWI and are undocumented in Houston Texas
Immigration Consequences:
- Possible Detention: For undocumented individuals, a criminal charge like DWI could potentially lead to immigration enforcement actions, including detention.
- Deportation Risk: In certain cases, a DWI conviction may increase the risk of deportation, especially if it is considered a crime of moral turpitude.
If you are here in the US undocumented and you are being charged with a DWI. In that case, it is imperative that you seek representation from an attorney that practices both criminal and immigration law. An immigration attorney can provide guidance on the potential impact on immigration status and any available defenses.
If you are a beneficiary of TPS, DACA, have a pending case before the Immigration Court, or even hold US Permanent Residency and are facing DWI charges, failing to consult with an immigration attorney may jeopardize your current legal status.
DUI/DWI Expungement in Houston, Texas
If you've been arrested or convicted for a DUI or DWI in Texas, you may wonder, "Can a DUI be expunged from your record?" In some cases, it is possible to have a DUI expunged in Texas, but the requirements for Texas DWI expungement can be quite specific. Generally, a DWI or DUI can only be expunged if you were found not guilty, the charges were dismissed, or you successfully completed a pretrial diversion program.
However, if you were convicted of the offense, DUI expungement in Texas is not an option. Instead, you may be eligible for a DWI record sealing under certain conditions. To understand whether you can have your DWI or DUI expunged, it’s important to consult with a knowledgeable Houston DUI or DWI attorney who can guide you through the process and determine if you meet the Texas DWI expungement requirements.
Why Choose Us for Your Criminal Defense and Immigration Needs in Houston, Texas?
When it comes to navigating the complex intersection of criminal defense and immigration law in Houston, Texas, choosing the right legal representation is crucial. Here’s why you should consider us:
Expertise in Both Criminal Defense and Immigration Law: We specialize in both criminal defense and immigration law, providing comprehensive assistance for individuals facing aggravated assault charges, particularly those with immigration considerations.
Years of Experience: With many years of experience, our team has successfully handled numerous cases, offering seasoned and strategic legal representation.
Harvard Graduate Lead Attorney: Our lead attorney is a Harvard graduate, bringing a high level of education and legal acumen to your case.
Positive Client Reviews: Our track record includes positive reviews from clients we’ve helped with criminal and immigration cases. We are dedicated to achieving the best outcomes for our clients, and our reviews reflect our commitment to excellence.
Choosing the right legal representation can make a significant difference in the outcome of your case. Our team is here to provide the expertise, experience, and dedication needed to navigate the complexities of aggravated assault charges, ensuring your rights are protected. Call us now!
