Driving While Intoxicated is a class B misdemeanor with a range of punishments from 3 to 180 days in jail and a fine not to exceed $2,000.00. However, Texas law increases punishment for persons with prior DWI convictions. An individual who pleads “guilty” or “no contest” to a DWI charge may not receive deferred adjudication.
If you were pulled over on suspicion of driving while intoxicated (DWI) in Sugar Land, Fort Bend County or Harris County, it’s important to seek legal representation immediately. A DWI conviction in Texas can result in the loss of driving privileges, jail time, fines, and mandatory enrollment in an alcohol education class. It can also adversely affect your reputation, career, and personal relationships.
You have 15 days from the date of your arrest to request an Administrative License Revocation Hearing (ALR). DWI lawyers Segura and Kiatta can represent you at this hearing and dispute your license suspension before an Administrative Law Judge.
No matter how hopeless your case may seem, there are a number of defense strategies that are effective in DWI cases, some of which include:
If you or a loved one has been charged with DWI in Fort Bend County or Harris County, you need to act quickly to protect your rights. Call Segura and Kiatta, LLP to schedule a free consultation with one of our exceptional DWI lawyers.
In most circumstances, a person convicted of DWI for the first time will not be required to spend time in jail but will, upon his timely application, receive community supervision (probation). The maximum term of probation is 2 years. As a condition of probation, the person will be ordered to pay a fine, report to a probation officer, perform community service, abstain from the use of alcohol, and attend a DWI education course. In addition, a person’s driver’s license may be suspended for up to 1 year. However, if you receive community supervision and take the court-ordered DWI course you will be able to keep your license.
A person convicted of a second DWI faces a minimum term of confinement of 30 days with a 365-day maximum along plus a fine not to exceed $4,000,00. A person convicted of a second offense is eligible for community supervision (probation) but will be required to serve a minimum of three days in jail as a condition of community supervision. In addition, the person may be restricted to the operation of a motor vehicle equipped with an ignition interlock device. The interlock is a breath alcohol testing device which is connected to a car’s ignition system. Before starting the car, the driver must blow into the device which then analyzes the specimen to determine the alcohol content. If the alcohol content is above the specified amount, the vehicle will not start. Similarly, at random intervals, while the vehicle is being operated, the interlock will request additional breath specimens for analysis. All test results are recorded and available to court personnel.
A second DWI which is punished as a class A misdemeanor but for which probation is not granted will result in an automatic suspension of not less than 180 days or more than one year.
If a person is convicted of a third DWI and it is shown that he has previously been convicted of two or more offenses relating to the operation of a motor vehicle while intoxicated, the person is guilty of a third-degree felony which carries a range of confinement in the penitentiary for not less than 2 years nor more than 10 years plus a fine not to exceed $10,000. In the event community supervision is granted, the individual will still be required to do a minimum of 10 days in jail as part of his probation. The period of license suspension is up to 2 years.
Intoxication Assault is a third-degree felony punishable by a fine of up to $10,000 and not less than 2 years nor more than 10 years in prison. In the event a probated sentence is granted, a minimum 30 days in jail is required as a condition of probation.
Intoxication Manslaughter is a felony of the second degree punishable by a fine not to exceed $10,000 and not less than 2 years nor more than 20 years in prison. A person granted probation is required to submit to 120 days in jail as a condition of that probation.
In addition to criminal penalties, a person convicted of a first DWI will be required to pay a surcharge of $1,000.00 per year for three years as a condition of maintaining his license. The annual surcharge increases to $1,500 per year for a second or subsequent conviction within a 36 month period. If the person is shown to have had an alcohol concentration of .16 or greater, the surcharge is $2,000 per year for three years. Failure to pay the surcharge or enter into an installment payout agreement will result in the suspension of the license until all payments are made.
Whether this is your first DWI or you’re a repeat offender, you are entitled to a strong defense.
At Segura and Kiatta, LLP, our DWI defense attorneys have over five decades of combined experience fighting for the rights of the criminally accused throughout Southeast Texas. We will work tirelessly to get the charges against you dismissed or reduced, or at the very least minimize the impact of serious penalties.
Anthony Segura David Kiatta and are pleased to offer a FREE initial consultation to discuss your legal rights and options. Call 281-570-6400 today!
Following an arrest for DWI, you may be confused, frightened and embarrassed. You probably have a lot of questions.
I understand that for many good, honest hardworking people, an arrest for DWI is the first and only contact with the criminal justice system. At this difficult time, the best advice I can give is:
The answer depends on your goals and expectations. If you simply want to plead guilty and allow the prosecutor to determine your punishment, then I am not the lawyer for you. The courthouse is full of lawyers who will help you plead guilty in return for a small fee.
My practice is devoted to the defense of individuals charged with intoxication offenses. I have helped hundreds of people beat DWI charges and preserve their ability to drive.
When we meet, I will explain how you can challenge the automatic suspension of your license. We will explore whether the officer had just cause to detain and arrest you. We will also discuss the many innocent reasons that completely sober people fail police balance tests. If you provided a sample of breath or blood, I will explain the limitations of the testing procedures and more. Of course, I will answer any questions you may have.
My goal during this meeting is to provide you with the information you will need to make important decisions concerning your case. Call me at 281-570-6400 to schedule a meeting to discuss how I can help you.
Segura & Kiatta, Criminal Defense
345 Commerce Green Blvd
Sugar Land, Texas 77478