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HOW DWI AFFECTS YOUR FUTURE & CAREER

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HOW DWI AFFECTS YOUR FUTURE AND CAREER

Houston DWI Attorney Trichter & LeGrand Law Firm

Whether You’ve Been Convicted Of DWI For The First Time Or You’ve Had Multiple Convictions, The Being Convicted Of DWI Affects Everything Throughout Your Life From Your Reputation And Career To Insurance Rates And Our Ability To Own A Firearm. 

In Texas, Each Time You Are Convicted Of DWI, The Punishment Becomes More And More Severe Legally, Socially And Professionally.

DWI – The Legal Punishment

To See How The Punishment For DWI Convictions Breaks Out, Read This Page:

You’ll Also Find These Articles Helpful:

Jail Time Versus Prison Time For DWI

If You Are Convicted Of A DWI, You May Have To Serve Either Jail Time Or Prison Time. 

Jail Is Time Spent In The County Institution And Prison Time Is In A State Institution. 

In Both Instances, The Judge Or Jury Can Probate Jail Time. 

This Is Where It Suspends The Incarceration Provided That The Individual Performs Certain Rehabilitation Terms And Conditions Over Time During A Probation Term.

Collateral Consequences Of DWI 

As Harsh As The Above Penalties Are, The Collateral Consequences Of A DWI Conviction Are Even Worse. 

If You Are Convicted You Can Expect:

  • To Pay A Lot Of Money: The Texas Department Of Transportation Estimates That The Out Of Pocket Loss For A 1st time DWI Defender, After Paying Fines, Bonds, Probation Fees, Supervision Fees, Ignition Interlock Fees, Etc., To Be About $17,000!
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  • To Have Higher Insurance Rates: Your Insurance Company May Terminate Your Policy Or Substantially Increase Your Insurance Rates. Read More
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  • To Jeopardize Your Job: Your Employer May Not Be Permitted By Their Insurance Carrier To Allow A Driver To Use Or Access A Needed Company Vehicle If They’ve Been Convicted Of DWI. For Example, If You Drive For UPS, You Are No Longer Allowed To Use Their Delivery Truck. The Same Would Be True If You And Delivery Driver Whether It’s Pizza, Flowers, Uber Eats, Etc. In Short, You’ll Most Likely Be Terminated.

How DWI Affects Pilots

People Involved In Aviation Are Particularly Open For Over-The-Top Punishment If They Get A DWI. 

If You Are A Licensed Commercial Or Private Pilot, You May Be Declined Accident Insurance Coverage Which Means Your Company Will Terminate You.

Indeed, The Federal Aviation Administration Often Sanctions Pilots Even Where A DWI Is Dismissed, But There Has Been Some Type Of Driver’s License Suspension Because Of It.  

In The FAA World, It Doesn’t Matter That The Pilot Has Spent Millions Of Dollars In Training, It Presumes Guilt—Not Innocence—When It Comes To DWI And Pilots.

How DWI Affects Military Service And Future Employment

The Same Political Punishments That Occur In Aviation Also Carry Over To Drivers Who Work As Air Traffic Controllers Or Those Who Work For The Railroads And With Vessel Operations In The Maritime Industry.  

Sadly, For Our Military Personnel Who Are Actively Involved In Protecting Our Freedoms, A DWI May Mean A Career Obstacle To Advancement And Discharge From Service.

Young Drivers Need To Be Very Careful About Not Getting A DWI Or DUI Conviction Because It Could Impact Their Ability To Obtain Future Employment With A Company Of Their Choice. 

Unfortunately, A DWI Conviction Under Texas Law Is Forever! 

It Does Not Go Away And Will Always Be Visible To Law Enforcement And To The General Public.

How DWI Affects Education And Licensing

Besides Future Employment, A DWI Conviction Will Be An Obstacle For Professional Licensing Or Admission Into Professional Schools. 

A DWI Conviction Might Prevent You From Being Admitted To Medical Or Law School, Or If You Are Already In An Educational Institution, It Might Preclude A License From Issuing After Graduation.

How DWI Affects Travel

If You Are Convicted Of DWI, Can No Longer Travel To Some Countries. For Instance:

  • Canada Views DUI As A Felony And, If You Stay Crime-Free, You Can Enter The Country After 10 Years When Your Conviction Is Expunged From Your Record.
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  • In China, Japan, And Malaysia, They Expect You To Be Honest About Your Misdemeanor Charges When Applying For A Travel Visa Because They May Run A Background Check On You. Getting Caught Lying About Your Criminal Record Can Get You Banned From These Countries For Several Years.
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  • Mexico May Refuse You Entry Into The Country If You’ve Had A Drunk Driving Conviction Within The Past 10 Years. So Much For That Trip To Cabo.

Sealing Your DWI Record

On The Flip Side, You Can Make An Effort To Have Your Records Sealed Under A Recent Texas Law If You Meet Certain Conditions. 

However, Even Though A Sealed DWI Is Hidden From The General Public, It’s Never Hidden From Anyone In Law Enforcement And Prosecutors Can Still Use It To Increase Your Punishment.

ASK US ABOUT YOUR RIGHTS

If You Get A DWI—Whether It’s Your First Or Subsequent—You Need To Hire The Very Best Lawyer And Fight It On Every Front. 

Under No Circumstances Should You Ever Surrender Your Right To A Jury Trial.

The Collateral Consequences Of A DWI Are Both Far-Reaching And Unknown For Your Future. 

A DWI Prosecution Can Be Both Defended AND Defeated, But Only To Those Who Are Willing To Look Into The Future And See The Critical Need To Protect It.

Lastly, The Best Defense Against A DWI Conviction Is Simply Not To Drink & Drive And That Is My Final Advice Here.

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Use the form to request your free consultation to discuss your case with one of our attorneys. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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Man Got a DWI Even Though He Wasn’t Drinking

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Can You Get A DWI Without Drinking?

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(CNN) When a man in North Carolina was pulled over on suspicion of driving drunk, police didn’t believe him when he said he hadn’t had any alcohol. 

The man, in his late 40’s at the time, refused to take a breathalyzer test and was taken to a hospital, where his initial blood alcohol level was found to be 0.2% — about 2.5 times the legal limit and the equivalent of consuming 10 drinks an hour. Despite the man swearing up and down that he hadn’t had anything to drink, doctors didn’t believe him either.

But researchers at the Richmond University Medical Center in New York eventually discovered that the man was telling the truth. He wasn’t downing beers or cocktails — instead, there was yeast in his gut that was likely converting carbohydrates in the food he ate to alcohol.
In other words, his body was brewing beer.

The findings were reported in a study in BMJ Open Gastroenterology. The man, whose identity has not been revealed, had a rarely diagnosed medical condition called auto-brewery syndrome (ABS), also known as gut fermentation syndrome.

Gut fermentation syndrome occurs when yeast in the gastrointestinal tract causes the body to convert carbohydrates ingested through food into alcohol. The process typically takes place in the upper GI tract, which includes the stomach and the first part of the small intestine.

“These patients have the exact same implications of alcoholism: the smell, the breath, drowsiness, gait changes,” Fahad Malik, the study’s lead author and the chief internal medicine resident at the University of Alabama at Birmingham, told CNN. “They will present as someone who’s intoxicated by alcohol, but the only difference here is that these patients can be treated by antifungal medications.”

Researchers treated him with antifungal medications

Things weren’t the same for the man after he completed a course of antibiotics to treat a thumb injury. His personality started to change, researchers wrote in the study, and he experienced episodes of depression, ‘brain fog,’ memory loss and aggressive behavior that was out of character for him.

Three years later, after his suspected drunk driving arrest, the man’s aunt bought a breathalyzer to record his alcohol levels. She had heard about a similar case that had been successfully treated by a doctor in Ohio and convinced her nephew to seek treatment there too.

His basic lab tests turned out normal. But doctors found two strains of yeast in his stool: Saccharomyces cerevisiae, a yeast commonly used in beer brewing, winemaking and baking, as well as another fungus.

The man was successfully treated at the Ohio clinic and told to stick to a strict carbohydrate-free diet along with some special supplements. But after a few weeks, his symptoms started to flare up again. This time, no treatment seemed to work despite visits to numerous medical professionals.

At one point, the man became so inebriated that he fell and experienced bleeding in his brain. He was taken to a neurosurgical center where he spontaneously recovered in 10 days, researchers said.

“In this institution, his blood alcohol levels ranged from 50 to 400 mg/dL,” the researchers wrote. “Here too, the medical staff refused to believe that he did not drink alcohol despite his persistent denials.”

Finally, the man sought help from an online support group and got in touch with the researchers at the Richmond University Medical Center, who said in the study that they believed the antibiotics he took years ago altered his gut microbiome and allowed fungi to grow in his gastrointestinal tract.
The researchers then used antifungal therapies and probiotics to help normalize the bacteria in his gut, a treatment that he has continued. And aside from one relapse that occurred after he binged on pizza and soda without telling the researchers, it seems to be working.
And he can eat pizza again.

“Approximately 1.5 years later, he remains asymptomatic and has resumed his previous lifestyle, including eating a normal diet while still checking his breath alcohol levels sporadically,” the authors wrote in the study.

The condition is rarely diagnosed

There have only been a few studies documenting cases of gut fermentation syndrome and the condition is rarely diagnosed, Malik said. In the past, it’s even been regarded as a myth.
Gut fermentation syndrome was described in 1912 as “germ carbohydrate fermentation,” and was studied in the 1930s and 1940s as a contributing factor to vitamin deficiencies and irritable bowel syndrome. A group of 20 to 30 cases popped up in Japan in the 1970s and the first US cases were reported about 10 years later.

There have been a handful of reported cases in recent years. A 2013 study described a case of a 61-year-old man who for years seemed to be drunk all the time before he was diagnosed with gut fermentation syndrome. In 2015, a woman in upstate New York had a DUI dismissed after presenting evidence that she had the condition.

The authors of the Richmond University Medical Center study recommend that doctors investigate for the condition especially when a patient shows elevated blood alcohol levels despite denying that they consumed alcohol.
Early signs of gut fermentation syndrome can include mood changes, delirium and brain fog, the researchers wrote, even before a patient starts exhibiting symptoms of alcohol inebriation.

The study says more research should be done on the use of probiotics as a treatment for the condition.

“This is a condition that is treatable with dietary modifications, appropriate antifungal therapy, and possibly probiotics,” the researchers wrote. “The use of probiotics and faecal microbiota transplantation could be considered for future studies.”

CNN’s Sandee LaMotte contributed to this report.

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Use the form to request your free consultation to discuss your case with one of our attorneys. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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Public Intoxication versus Driving While Intoxicated

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PUBLIC INTOXICATION VERSUS DRIVING WHILE INTOXICATED

Trichter & LeGrand DWI Lawyers

The difference between being publicly intoxicated and driving while intoxicated is simple:  

Public intoxication or “P.I.” is when a person who has been drinking proves to be a danger to himself or a danger to others. 

For driving while intoxicated or DWI purposes, “intoxication” is defined as having lost the normal use of mental or physical faculties or the person has an alcohol concentration of .08 Blood Alcohol Content (BAC) or more. 

In other words, you would have to be more intoxicated to be charged with public intoxication than you would to be with driving while intoxicated.

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Form Submissions have a fast response time. Our attorneys are always on-call 24/7. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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What is a DWI surcharge?

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What is a DWI surcharge?

Trichter & LeGrand DWI Lawyers

A DWI surcharge is an administrative penalty charged by the Texas Department of Public Safety as a fee for you to maintain your driver’s license after you have either suffered a DWI conviction or submitted to a breath and/or blood test which showed an alcohol concentration of .16 or more.

For 3 years following either of the aforementioned events, one of these three surcharges will be assessed:

1. $1,000 per year for a first DWI conviction; or
2. $1,500 per year for subsequent DWI convictions; or, 3. $2,000 per year for registering a .16 or more.

 

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Your Free Consultation Is Just One Form Away!

Form Submissions have a fast response time. Our attorneys are always on-call 24/7. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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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.
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  • >Not commit any further crimes during the term of probation.
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  • >Pay a monthly supervisory fee to the probation office (approximately $40).
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  • >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.
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  • >Attend DWI education classes dealing with the effects of alcohol or featuring victims of DWI-related tragedies (VIP Program).
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  • >Abstain from consuming alcohol for the term of your probation.
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  • >Pay your non-probated fines and court costs.
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  • >Submit to a breath test by law enforcement or court personnel upon request.
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  • >Install an alcohol ignition interlock device on your car, and only drive a car equipped with such as device (not always required).
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  • >Make a small donation to MADD and/or Crime Stoppers.
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  • >Remain within the county of your residence unless given permission by the court to leave it.
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  • >Fulfill any other requirements the court sets for you.
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Form Submissions have a fast response time. Our attorneys are always on-call 24/7. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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