If you’re from out of state and are planning to visit Houston anytime soon, chances are you’ve heard about the strict laws that govern the city’s driving culture. You likely already know that driving while intoxicated (DWI) is illegal in the city, but did you know that an intoxicated driver can face criminal penalties even if they weren’t aware of this rule?The rules of the road are similar across most American cities, but each state sets its own legal blood alcohol limit. In the state of Texas, the legal blood alcohol limit is 0.08%. In order to avoid being arrested for DWI, you must have a BAC of 0.08% or less at the time of your arrest. If you get pulled over or if someone reports you as a possible impaired driver, the officer will use a Breathalyzer machine to test your blood alcohol content (BAC). If the results are 0.08% or above, the officer may decide to charge you with DWI. If you are convicted of DWI, you could face serious penalties including a hefty fine, jail time, and license suspension or revocation. This article will explain what happens if you get arrested for DWI in Houston.
How is DWI determined?
When determining whether or not you were intoxicated during a traffic stop, law enforcement officers will look at two main factors: your performance during standardized field sobriety tests and breathalyzer results. In Texas, a person is intoxicated if they have a blood alcohol content of 0.08% or above. You may also face charges if you are impaired by any drug. If you are pulled over, the officer can request a breathalyzer test to determine your BAC. These machines can also be used to test blood samples. As part of the standard DWI investigation, the officer will ask you questions about your health, your alcohol and drug use, and your previous experience with alcohol. Your answers to these questions are part of the evidence the officer uses to determine whether or not you were impaired during the traffic stop.
Penalties for a first DWI in Houston
People convicted of the first DWI in Texas generally face consequences that include jail time, fines, and the loss of their driver’s license. If you are underage and are convicted of a first DWI, the penalties will likely be even more severe. If you are convicted of a first DWI as an adult, you may face a sentence of anywhere from 30 days up to two years in jail and a fine of anywhere from $2,000 to $10,000. If you are convicted of a first DWI while under the age of 21, you will likely face a jail sentence of anywhere from 45 days to two years, a fine of $2,000 to $10,000, and a mandatory driver’s license suspension. If you are convicted of a second DWI, you may face a sentence of anywhere from 90 days to five years in jail and a fine of anywhere from $4,000 to $25,000. If you are convicted of a third or subsequent DWI, you may face a sentence of anywhere from two years to 20 years in jail and a fine of anywhere from $10,000 to $150,000.
Loss of employment and public benefits
If you are convicted of a DWI and are sentenced to time behind bars, you will also likely lose your job and be denied public benefits. If you are convicted of a DWI and are sentenced to time in jail, you will likely be ineligible for time-shifting services, such as the ability to record television shows. If you are convicted of a DWI and are sentenced to time in jail, you will likely be denied food stamps, cash assistance, and other forms of public assistance. If you are convicted of a third DWI and are sentenced to time in prison, you may be ineligible to vote or receive government benefits.
Loss of hunting, fishing, and hunting licenses and permits
If you are convicted of a DWI and are sentenced to time in jail, you will likely be ineligible to hunt, fish, and pursue other outdoor activities. If you are convicted of a DWI and are sentenced to time in prison, you may be ineligible to hunt, fish, or pursue other outdoor activities for the rest of your life. If you are convicted of a second DWI, you may be ineligible to hunt, fish, or pursue other outdoor activities for the rest of your life.
Loss of child custody or visitation rights
If you are convicted of a DWI and are sentenced to time in jail, your parental rights and other child custody decisions may be terminated. If you are convicted of a DWI and are sentenced to time in prison, your parental rights and other child custody decisions may be terminated. If you are convicted of a second DWI, your parental rights and other child custody decisions may be terminated.
Criminal charges for a second or third DWI in Houston
If you are convicted of a second DWI, you will likely face even more serious consequences than if you had been convicted of a first DWI. If you are convicted of a third DWI, you may face even more serious consequences. The first DWI is often referred to as the “DWI-1.” For example, if someone is convicted of their first DWI, they may be charged with DWI-1, a misdemeanor. The second DWI conviction is often referred to as the “DWI-2” or “2nd Offense DWI.” The third DWI conviction is often referred to as the “DWI-3” or “3rd Offense DWI.”
Summing up
Whether you’re from out of state or not, if you are arrested for DWI in Houston, the consequences are serious and can have lasting effects. If you are convicted of a DWI, you may face jail time, fines, the loss of your driver’s license, and the loss of other important rights. If you are convicted of a DWI, you should hire a criminal defense attorney as soon as possible.