This may be a little late at this point but there are some things one should know when stopped by a police officer:
A driver has an absolute right NOT to answer any questions about where he's been or how much he's had to drink.
A driver has an absolute right NOT to submit to field sobriety tests.
A driver has a qualified right NOT to submit a breath or blood sample. (This may result in a driver's license suspension.)
He should ask the officer if he is free to leave. If the officer says "no" then he should ask for an attorney and say nothing else. The police officer may request a warrant to draw the driver's blood however, he must still have Probable Cause to do so.
Few people also understand that the statute does not just apply to alcohol. If an officer believes that a driver has lost the normal use of his mental and physical faculties, a person can be prosecuted for taking two Benadryl and getting behind the wheel. This applies to prescription drugs as well.
First Offense is a Class B Misdemeanor with a maximum punishment range of up to 6 months in jail and/or a $2,000 fine. A conviction could be used against the Accused to enhance him to a hire punishment range. It could result in a driver's license suspension for up to a year. Once the driver gets his driver's license back, he will have to pay DPS $1,000 a year in surcharges for three years straight just to maintain his driving privileges over and above any criminal penalties he may suffer in court. Subsequent life time arrests result in enhanced suspensions, surcharges and reinstatement fees.
First Offense with a BAC above a .15 is a Class A Misdemeanor with up to a year in jail and a $4,000 fine.
Second Offense is also a Class A Misdemeanor with up to a year in jail and a $4,000 fine. However, there is a minimum sentence of 5 days in jail. The driver's license suspension on a 2nd is two years, with the first year being a "hard" suspension. Meaning a driving cannot even apply for an occupational license for a at least a year.
Third DWI is a Felony in Texas with up to 10 years in prison and up to a $10,000 fine. If one gets at least two prior 3rd Degree convictions on their record, a subsequent arrest for DWI 3rd could result in the Accused being "habitualized". That means instead of 2 to 10 the accused would be facing 25 to Life.
DWI - Child Passenger is a State Jail Felony. This is basically a driving while intoxicated with a passenger under 15 years of age. That's 6 months to 2 years in a State Jail facility.
Intoxication Assault is when there is an accident involved with the DWI and at least one party was injured. It does not have to be a serious bodily injury. This is also a State Jail Felony.
Intoxication Manslaughter is a DWI with an accident where someone was killed. This could include the driver's own passenger. This is a Felony of the 2nd Degree. That's 2 to 20 years in prison and up to a $10,000.00 fine.
DWI is a very common crime. It cuts across all social, economic & racial lines. It is serious, but it is not the end of the world. It is not a crime of moral turpitude. It is not a crime of violence or drugs. A person's life will have to change dramatically for at least one to possibly two years. But it is something one can recover from and go on to lead a normal and productive life. It is important to hire someone who understands the process and if it comes down to it, can fight the District Attorney's Office at every step of the way.
A driver has an absolute right NOT to answer any questions about where he's been or how much he's had to drink.
A driver has an absolute right NOT to submit to field sobriety tests.
A driver has a qualified right NOT to submit a breath or blood sample. (This may result in a driver's license suspension.)
He should ask the officer if he is free to leave. If the officer says "no" then he should ask for an attorney and say nothing else. The police officer may request a warrant to draw the driver's blood however, he must still have Probable Cause to do so.
Few people also understand that the statute does not just apply to alcohol. If an officer believes that a driver has lost the normal use of his mental and physical faculties, a person can be prosecuted for taking two Benadryl and getting behind the wheel. This applies to prescription drugs as well.
First Offense is a Class B Misdemeanor with a maximum punishment range of up to 6 months in jail and/or a $2,000 fine. A conviction could be used against the Accused to enhance him to a hire punishment range. It could result in a driver's license suspension for up to a year. Once the driver gets his driver's license back, he will have to pay DPS $1,000 a year in surcharges for three years straight just to maintain his driving privileges over and above any criminal penalties he may suffer in court. Subsequent life time arrests result in enhanced suspensions, surcharges and reinstatement fees.
First Offense with a BAC above a .15 is a Class A Misdemeanor with up to a year in jail and a $4,000 fine.
Second Offense is also a Class A Misdemeanor with up to a year in jail and a $4,000 fine. However, there is a minimum sentence of 5 days in jail. The driver's license suspension on a 2nd is two years, with the first year being a "hard" suspension. Meaning a driving cannot even apply for an occupational license for a at least a year.
Third DWI is a Felony in Texas with up to 10 years in prison and up to a $10,000 fine. If one gets at least two prior 3rd Degree convictions on their record, a subsequent arrest for DWI 3rd could result in the Accused being "habitualized". That means instead of 2 to 10 the accused would be facing 25 to Life.
DWI - Child Passenger is a State Jail Felony. This is basically a driving while intoxicated with a passenger under 15 years of age. That's 6 months to 2 years in a State Jail facility.
Intoxication Assault is when there is an accident involved with the DWI and at least one party was injured. It does not have to be a serious bodily injury. This is also a State Jail Felony.
Intoxication Manslaughter is a DWI with an accident where someone was killed. This could include the driver's own passenger. This is a Felony of the 2nd Degree. That's 2 to 20 years in prison and up to a $10,000.00 fine.
DWI is a very common crime. It cuts across all social, economic & racial lines. It is serious, but it is not the end of the world. It is not a crime of moral turpitude. It is not a crime of violence or drugs. A person's life will have to change dramatically for at least one to possibly two years. But it is something one can recover from and go on to lead a normal and productive life. It is important to hire someone who understands the process and if it comes down to it, can fight the District Attorney's Office at every step of the way.