San Marcos Hays County DWI Cases Lawyer

THINGS YOU SHOULD KNOW ABOUT DWI CASES

  1. Range of Punishment:
    First Offense -- Class B Misdemeanor
    Fine: up to $2000
    Jail: 72 hours up to 180 days
    Probation: up to 2 years
    Driver's License Suspension: 90 days up to 1 year

    First Offense with Blood Alcohol .15 or above -- Class A Misdemeanor
    Fine: up to $4000
    Jail: 72 hours up to 1 year
    Probation: up to 2 years
    Driver's License Suspension: 90 days up to 1 year

    Second Offense: -- Class A Misdemeanor
    Fine: up to $4000
    Jail: 30 days up to 1 year
    Probation: up to 2 years
    Driver's License Suspension: 180 days up to 2 years

    Third Offense -- 3rd Degree Felony
    Fine: up to $10,000
    Prison: 2 years up to 10 years
    Probation: 2 years up to 10 years
    Driver's License Suspension: 180 days up to 2 years

  2. Driver's License Surcharges:

    First Offense Conviction: $1000/year x 3 years
    Subsequent Offense Conviction: $1500/year x 3 years
    Conviction Where Blood Alcohol is .16 or Above: $2000/year x 3 years

  3. Just because law enforcement did a blood draw does not mean you will be found guilty. There are several reasons why the government might not be able to prove you guilty, even if a blood draw is done. First, it often takes a long time to secure a warrant and get a blood draw done after an arrest. This makes it more likely that the blood test result at the hospital does not accurately reflect a person's actual blood alcohol level at the time they were driving. Second, if the blood draw was not legally obtained by law enforcement, it is not admissible as evidence in court. Finally, if the medical personal who performed the blood draw do not show up to testify in court, or if it is shown that the blood draw and testing were done improperly, the State may not be able to make its case.

  4. If you took a breath test and blew over the legal limit, it does not automatically mean that you will be found guilty. The test is not whether or not you blew over the legal at the jail when you took a breath test, it's whether or not you were intoxicated at the time you were driving. A person's blood alcohol levels change over time. It's possible for someone's blood alcohol level to be above the legal limit at the time of a breath test, but for it to have been below the legal limit at they time they drove.

  5. There is no time limit on the use of prior DWI convictions. Even if your prior DWI is 30 years old, it is possible that it might be used against you to increase the punishment range for your new case.

  6. You cannot get deferred adjudication for DWI in Texas. While you can receive deferred adjudication for most other offenses, one of the exceptions is DWI. Of course, if your DWI is plea-bargained to some other type of offense, deferred adjudication might then become a possibility.The government is required to make you a copy of your roadside video. In the typical DWI case, the cop has a suspect perform a series of field sobriety tests on the side of the road. These are almost always videotaped. Texas law requires a prosecutor's office to turn over a copy of the roadside video to someone accused of DWI.

  7. The government is required to make you a copy of your roadside video. In the typical DWI case, the cop has a suspect perform a series of field sobriety tests on the side of the road. These are almost always videotaped. Texas law requires a prosecutor's office to turn over a copy of the roadside video to someone accused of DWI.