What is DWI and its potential punishment?

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DWI Punishment & Penalties

DWI-Punishments - Trichter & LeGrand Law Firm

DWI is a criminal offense which prohibits you from operating a motor vehicle in a public place.

 while “intoxicated” is defined as having lost the normal use of either mental or physical faculties, or having a .08 alcohol level in either your breath, your blood, or your urine.

The DWI statute does not require you to be “drunk,” rather, it only requires that you to be “intoxicated” to be charged with DWI. 

When considering DWI punishment, we have to discuss the loss of normal mental/physical faculties must be caused by alcohol, drugs, a controlled substance, some other impairing substance, or a combination thereof in order to violate the DWI statute. 

Breakdown Of DWI Punishment By Offense:

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DWI Punishment In Texas

Most DWI punishment as a consequence of convictions result in probation, which means your jail sentence is suspended, you’ll be fined, or your driver’s license will be suspended by the court. 

Said another way, upon conviction, the judge pronounces a jail sentence punishment, a fine sentence, and a driver’s license suspension, but suspends that jail sentence and places the person on “community supervision” (also known as probation) instead.

Example:

Judge Justice says, “Mr. Defendant, your sentence is 180 days in jail, a $2,000 fine, and a year’s suspension of your driver’s license.”

DWI Defendant replies, “Holy cow, I can’t believe it, I’m going to jail!”

But all of the sudden the judge says, “However, I’m going to probate this sentence. Your jail is probated for 1 year, $1,500 of your fine is probated, and your driver’s license suspension is also probated.”

 

In layman’s terms, this means that if the defendant behaves for 1 year, he will:

  • NOT have to do the 180 days in jail.
  • Pay only $500 of the fine.
  • NOT have his driver’s license taken from him.

“Wait,” you say, “what does ‘behave’ mean?”

It means that the judge has offered the defendant a “deal” he can’t refuse. 

This deal is a contract between the defendant (you) and the court, and the contractual terms are simple: 

The judge promises not to put you in jail, not to make you pay the entire fine, and not to take away your driver’s license.

In exchange, if you agree to the probation as a result of your DWI punishment, you are agreeing generally to do the following:

  • >Report once a month to a probation officer.
  •  
  • >Not commit any further crimes during the term of probation.
  •  
  • >Pay a monthly supervisory fee to the probation office (approximately $40).
  •  
  • >Perform a specified number of hours (approximately 24 to 48) of community service (volunteer work to benefit the community) during the term of your probation.
  •  
  • >Attend DWI education classes dealing with the effects of alcohol or featuring victims of DWI-related tragedies (VIP Program).
  •  
  • >Abstain from consuming alcohol for the term of your probation.
  •  
  • >Pay your non-probated fines and court costs.
  •  
  • >Submit to a breath test by law enforcement or court personnel upon request.
  •  
  • >Install an alcohol ignition interlock device on your car, and only drive a car equipped with such as device (not always required).
  •  
  • >Make a small donation to MADD and/or Crime Stoppers.
  •  
  • >Remain within the county of your residence unless given permission by the court to leave it.
  •  
  • >Fulfill any other requirements the court sets for you.
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Ross “Maverick”
Mr. Trichter and the entire staff was extremely knowledgeable, professional, caring and compassionate. Mr. Trichter has an immense amount of knowledge. Including the details and specifics of dealing with the FAA after an arrest. As a fellow aviator and aviation enthusiast there is connection and passion that is priceless. Anytime I had a question or concern I knew I could reach out and have a reliable and caring person to help me. The end result of the case was favorable but more importantly the personal growth I obtained with the help of Mr. Trichter is something I will have for the rest of my life. I am so thankful I chose Mr. Trichter to represent me.
Ross “Maverick”
27/10/2022
Brandon Baker
If you are in search of a good lawyer, or having doubts about choosing one that will remain in your corner and back your play, I strongly recommend Mr.Gary Trichter, Mr.Trichter along with his legal staff were super beneficial and helpful to me when I needed help the most as a good DWI team they came together and got me through one of the darkest times in my life and I couldn’t be more appreciative and thankful, all the hard work and dedication from the Trichter law team, I would strongly recommend them to anyone In need of assistance for DWI or just a good lawyer to go to bat for you in your time of need.
Brandon Baker
18/09/2022
Paris Pshouq
Of course america, Mr trichter is the best lawyer I see ever .
Paris Pshouq
15/09/2022
Luke Fritz
I was referred to Mr. Trichter by a close family friend. Two of his family member had used him to represent them in their DWI case and were both very pleased with his work. After having Mr. Trichter represent me I can fully understand why. I can not express the amount of gratitude I have for him. He is an amazing attorney and the best at his job by far. But more then that he is an amazing person that truly care about his client. I will forever be great full for what he has done for me in helping me have my case dismissed. Thank you again Gary!!!
Luke Fritz
14/09/2022
Josh Reynolds
Aaron White was very helpful and detailed. Explained things to me every step of the way and was able to get my case dismissed. Thank you very much!
Josh Reynolds
24/08/2022
KM
I feel very fortunate to have selected Greg Houlton to represent me in my two DUI cases. My arrests occurred within three months of each other and I was sure I'd be facing jailtime, considering the circumstances of my arrests. It was a very difficult time and I was obviously struggling in my personal life. But within the first few minutes of meeting Greg, he made me feel very comfortable and insisted that I take care of myself, first and foremost, and let him deal with the legal proceedings. So that's what I did and Greg won both of my ALR hearings and got one of my cases dismissed. I received a year and a half of probation with no jailtime or significant fine. Greg by far exceeded my expectations and I couldn't be more pleased with the outcome. I can't say enough about Greg and his professionalism and the calming effect he had on me throughout this stressful period.
KM
01/08/2022
Air Wreck
Don’t think about it twice. If you need help with a DWI hire my man Leslie LeGrand!
Air Wreck
03/07/2022

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