 Houston Attorneys for Drivers License Suspension and DWI
While DWI and driving
with a suspended license are two of the most common cases that we handle,
we defend individuals for other criminal charges as well. Please call
us immediately for a free, confidential consultation.
More about DWI's:
The main DWI criminal
case is either a misdemeanor or felony, depending on the number of your
prior convictions for DWI, and whether or not you were carrying a passenger
under the age of 15. There is also usually a driver's license suspension
issue. Has it been 15 days since your arrest? There may be an important
deadline concerning the suspension of your license. A plea of guilty
(whether probated or not), or a guilty verdict, will result in additional
annual hefty surcharges imposed by DPS in order to keep your driving
privileges. The minimum surcharge for a first time DWI is $3,000, payable
$1,000 per year.
Intoxication means
not having the normal use of mental or physical faculties
due to alcohol, drugs or other substances, whether legal or illegal,
prescribed or not. Intoxication can be proven by an alcohol concentration
of .08 grams or more of alcohol per 210 liters of breath, per 100 milliliters
of blood, or per 67 milliliters of urine.
|
| |
Your first DWI
case is a Class B misdemeanor, punishable from 72 hours (6
days if there was an open container of alcohol in your vehicle) to 180
days in jail, and a fine of up to a $2,000. If the DWI occurs when the
vehicle is occupied by a passenger under the age of 15, it is a state
jail felony, punishable from 180 days to 2 years,
and a fine of up to a $10,000.
A second DWI
is a Class A Misdemeanor, punishable from 30 days to 1 year in
jail, and a fine of up to a $4,000. If the DWI occurs when the vehicle
is occupied by a passenger under the age of 15, it is a state jail felony,
punishable from 180 days to 2 years,
and a fine of up to a $10,000.
A third or more
DWI is a 3rd degree felony, punishable from 2 to 10 years,
and a fine of up to a $10,000.
|
|
There can be two
kinds of additional cases associated with a DWI. One is a driver's
license suspension hearing between you and the Texas Department of
Public Safety to suspend your license because you failed to provide
a breath test sample, or because your breath test sample resulted
in an alcohol concentration of .08 or higher. The other is a proceeding
before a judge to obtain a restricted license after your license is
suspended. This is commonly called an occupational license, and it
is granted with conditions when you can show that you have an essential
need to drive, such as to and from work, the store, court-ordered
activities or school.
If you have been
charged with DWI, please call us immediately so that you do not inadvertently
miss any deadlines concerning your driving privileges. We will be
happy to answer any questions you have without charge for the first
consultation. If we can't personally take your case for some reason,
we have relationships with many competent and reasonably priced DWI
attorneys throughout the state to whom we can refer you.
|