What are the consequences of a DWI for a commercial driver in Houston?

The consequences of a DWI can be much more than just a fine. Not only will you have to pay the fine but also face the stigma that comes with being charged with a criminal offense. The same can be said for those who are arrested for a DWI in Houston. The penalties for these types of charges are severe, even if you only have a few drinks and don’t think you’re drunk. If you are convicted of a DWI, you may also have trouble getting employment at a company with a drug testing policy. Here are some facts that will help you understand the consequences of a DWI in Houston so that you can avoid them if possible:

What is a DWI in Texas?

A DWI is a type of traffic violation, usually referred to colloquially as Driving While Intoxicated. In Texas, the crime of driving while intoxicated is colloquially referred to as DWI. The legal definition of a DWI is as follows:

A person is intoxicated and operating a motor vehicle if the person has a prohibited blood alcohol content (BAC) as determined by a breath test or other chemical test administered under section 49.051. \n

As you can see from the statutory definition, there are two parts to a DWI in the state of Texas: (1) you must have been intoxicated (more than 0.08 BAC) and (2) you must have been operating a motor vehicle. If you are intoxicated but not operating a motor vehicle, you have committed a Class C Misdemeanor.

DWI Penalties

The consequences of a DWI in Texas are significant. First of all, the fine for a first-time DWI is typically around $2000. Second, almost all drunk driving convictions result in a criminal record. This record is visible to employers, banks, and other institutions that check your record. In addition to the fine and criminal record, you will also face the following penalties:

Loss of driving privileges. You may lose your driving privileges for a period of 1 year to 10 years, depending on the circumstances of your arrest.
You will be required to attend a substance abuse education class. These classes are designed to help drunk drivers understand why they made the choices they did. They are mandatory for first-time DWI offenders.
You will have to pay for your own attorney. Many people assume that they will be provided with a public defender. However, since the majority of first-time DWIs are misdemeanors, you will have to hire your own attorney.

Employer Background Checks

All employers are required to conduct background checks on their employees. If you have a DWI conviction on your record, you may be automatically disqualified from employment. This is because employers are required to check the records of all employees to ensure they are not a risk to the company or its customers. If the background check shows a DWI conviction, you may be automatically disqualified from working for that company.

How Employers Check Background Checks

Most large companies perform three types of background checks on employees: criminal history, employment and credit. The criminal history check is mandatory for all employers. Employers can ask you to submit to a drug test, but they are not required to do so. Employers are also not required to hire you if you fail a drug test.

Conclusion

The penalties for a DWI are harsh, but there are steps you can take to reduce the likelihood of being convicted. First of all, you should hire an experienced DWI defense attorney who will represent you at trial. With the assistance of a defense attorney, you have a better chance of being acquitted or receiving a reduced sentence.Secondly, you should avoid alcohol consumption before driving or getting into a vehicle. It is better to be safe than sorry.

Frequently Asked Question

How long does a DWI stay on your driving record in

The short answer to the question of how long a DWI stays on your record in Texas is: forever. That's right. A DWI conviction will remain on your public and legal record unless you can get it expunged. It will remain permanently on your criminal record and there is no "washout period". What are the penalties for a DWI? Up to a $2,000 fine. Maximum 180 days imprisonment upon conviction, with three mandatory days. Driver license suspension up to one year. The statute of limitations for a misdemeanor DWI in Texas is two years. The statute of limitations is the time that a prosecutor must file a case against your. Drug DWI Blood Testing in Texas The blood sample will be tested for a variety of controlled substances, including, but not limited to: Marijuana. Cocaine. Heroin. A DWI is normally a Class B misdemeanor. A Class A misdemeanor is a DWI that occurs when a driver has a BAC of 0.15 or more. How Far Back Can a Background Check Go? Employers can only look at the applicant's past seven years of employment history in Texas. In certain cases, a prospective employer may extend the background check to include the applicant's 18th birthday. Distracted driving, driving under the influence and speeding rank as some of the most common causes of serious car accidents in Texas. Every year, hundreds of thousands of Texas residents are affected by car crashes and other motor vehicle accidents. Simply put, if the charges are not filed within the time limit allowed by law, you cannot be prosecuted. Many charges are filed after the Court date that you were given when you were cited or arrested. Prosecutors like to review and file the cases by the Court date to avoid additional notification or arrest. Texas law allows police officers to forcefully take blood without consent if the individual has been charged with driving while intoxicated (DWI), or has been involved in a motor-vehicle accident. If a passenger of the other vehicle is taken by ambulance for treatment of their injuries. Yes. An experienced DUI attorney can challenge a DUI blood test in your case because even toxicologists cannot always be certain that a driver's BAC was above or below a particular limit. There is usually a variance of 3%-10% within where a driver's actual BAC was when they were driving. After a DUI arrest, it can take up to six weeks for the results of a blood sample to be returned. In many cases, however, the lab takes longer to complete a blood test. Florida is known for its very tough DUI laws. If you are convicted of a DUI, then it could stay on your record for up to 75 years. You could also face additional consequences regarding your license and driving habits. A first offense DUI in California is a misdemeanor typically punished by 3 to 5 years of probation, $390.00 to $1000.00 in fines plus penalty assessments, DUI school, a 6-month driver's license suspension, and installation of an ignition interlock device. The timeframe for receiving an expunction is (1) at least 180 days from the date of the arrest for an offense punish- able as a Class C misdemeanor, (2) at least one year from the date of the arrest for an offense punishable as a Class B or A misdemeanor, or (3) at least three years have elapsed for an offense ... You can legally give your children PS100,000 no problem. PS3,000 of your annual gift allowance has not been used up, so PS3000 is technically exempt from your estate for inheritance tax purposes. PS97,000 is then known as a PET (a potentially exempt) transfer. Because of the capital gains implications, it is generally better to receive real property as an inheritance than as an outright donation. The deceased probably paid much less for the property than its fair market value in the year of death if they owned the real estate for any length of time. The Texas law that governs employment background checks states that applicants are required to submit a seven-year check for any salary above $75,000. If you apply for a job earning more than $75,000 annually, your employer can look back until you turned eighteen. Distracted driving is the most common cause of road accidents in the United States, resulting in more crashes every year than speeding, drunk driving, and other major accident causes. Distracted driving is not only the leading cause of car accidents, but it is also true for trucks. Distracted driving is the second leading cause of accidents in Texas, just behind speeding. Undoubtedly, distracted driving has always existed to one extent or another, but it has become particularly problematic in the age of cell phones. How long does a conviction stay on your record? A conviction will remain on your records until you turn 100. It is possible to have the conviction removed from your record by background checks after 11 year depending on the nature of it. The police can keep you in custody for up to 24 hours before charging you with a crime. They can apply to hold you for up to 36 or 96 hours if you're suspected of a serious crime, eg murder. Your attorney can first reduce the charges against your client by having them dropped or dismissed. Even if the charges against your are not dropped or dismissed by your attorney, they may be reduced. One of the most common ways this is done is through a plea deal. Statute of Limitations in Federal Crime Cases So if you have still not been charged after the time set by the statute of limitations, the investigation is effectively over. The statute of limitations for most federal crimes is five years. You can refuse to take a breathalyzer in Texas. However, your license will be suspended. For a first refusal, you could lose your driver's license for 180 days. Texas Department of Public Safety (TxDPS), could suspend your driver's license for two years if you have ever been convicted of a DWI or refused to drink. There is no penalty for refusing field sobriety tests in Texas. However, there are penalties for refusing a breath or blood test. A driver who refuses to take a breath or blood test after being arrested for DWI could have their driver's license suspended for 90 days up to 2 years. A new Texas law was recently passed that could have major consequences for those accused of DWI. The law gives law enforcement officers the power to order paramedics to draw blood if the officers suspect that alcohol may have played a role in a traffic accident. Blood tests generally produce more accurate results than breathalyzers and other breath tests. Blood tests directly measure the suspect's actual BAC. Breath tests only indirectly measure someone's BAC. Blood tests are also less prone to environmental factors creating an inaccuracy in the results. Police bail - It usually takes six to eight weeks for the police laboratory to confirm the blood alcohol reading. However, it has been known that it can take longer. It can take as little as four to six weeks to get the results of a blood test back after a DUI arrest. However, in many cases, it takes much longer for a lab to finish working on a blood test. With breath tests, police get the results immediately, but blood tests are generally more accurate and--unlike with breath tests--will show the presence of drugs and alcohol in the suspect's system. If the blood tests show that the suspect has a blood alcohol content (BAC) of. 08% or higher (. Hyperventilating, exercising, and holding your breath before you blow can all help beat a breathalyzer. Fact: A decades-old study has shown that vigorous exercise and hyperventilation can reduce subjects' BAC readings up to 10%. The statute of limitations for a misdemeanor DWI in Texas is two years. The statute of limitations is the time that a prosecutor must file a case against your. The Texas Department of Transportation estimates the average cost of a DWI to be $17,000. In a press release issued six years ago the Texas Department of Transportation stated: "Convicted first-time DWI offenders can pay a fine of up to $2,000, lose their driver's license for up to a year, and serve 180 days in jail." What are the penalties of a conviction? A conviction for a Class B misdemeanor carries the following penalties: up to 180 days in county jail, and/or. up to $2,000 in fines. Texas has a complicated law regarding DWI expungements. You cannot have a DWI/DUI conviction expunged if you were convicted. The conviction will remain on your record. If you were arrested for DUI or DWI, you may be able to have it expunged under certain conditions. What Happens if You Don't Pay Your Probation Fees? You will be in arrears if you don't pay your supervision and other probation-related fees. Your probation officer could violate you if you have an arrearage. This probation violation may occur during the course of your probation or right at the end. If you don't pay your credit card bill, expect to pay late fees, receive increased interest rates and incur damages to your credit score. If you continue to miss payments, your card can be frozen, your debt could be sold to a collection agency and the collector of your debt could sue you and have your wages garnished. Paying Criminal Fines: What If I Cannot Afford to Pay My Fine? In order to be charged, defendants who fail meet the payment plan must pay interest and additional fees. The court can also enforce additional penalties. Sentences for misdemeanors and felonies often include a fine, in addition to jail time and restitution. Straight Probation or Regular Probation in Texas is when the Judge finds you guilty of your criminal offense and sets the number of months that you are on probation. The Judge accepts your plea and finds you guilty. Then you're sentenced to a certain amount of time in either jail or prison. Generally, individuals who are given summary probation might be allowed to drink alcohol, but other probationers are not so lucky. A summary probation might be imposed if you are convicted of a DUI. This type of probation doesn't require check-ins and meetings with the officer.

What is the statute of limitations on a DWI in Tex

The statute of limitations for a misdemeanor DWI in Texas is two years. The statute of limitations refers to the period of time the prosecutor has to file a case against you.

How far back can employers check criminal backgrou

How Far Back Can a Background Check Go? The general rule for employee background checks in Texas is that employers can look at a job applicant's history up to the past seven years. Under certain circumstances a prospective employer can extend the background check to go as far back as the applicant's 18th birthday.

What is the most common factor for crashes in Texa

Distracted driving, driving under the influence and speeding rank as some of the most common causes of serious car accidents in Texas. Car crashes and other motor vehicle accidents harm hundreds of thousands of people in Texas each year.

How long does it take for DUI blood test to come b

It can take as little as four to six weeks to get the results of a blood test back after a DUI arrest. However, in many cases, it takes much longer for a lab to finish working on a blood test.