When you’re facing driving under the influence (DUI) charges, it’s normal to feel uneasy about your future. You might be worried about losing your job or wondering how your family will manage without you. The consequences of a DWI can be even more stressful when you consider the legal consequences. Driving while intoxicated is illegal in almost all states, and it’s one of the most common reasons for a traffic stop. However, many people don’t understand the severity of these charges or how long they might be on your record. To help you understand what happens when a person is pulled over for drunk driving, we have outlined everything you need to know about DWI charges in Houston below.
What Is a DWI?
A DWI is a misdemeanor or felony charge for driving while intoxicated. The two most common types of DWI charges are “general” and “enhanced”, but there are many variations of each. A general DWI is a charge for driving under the influence of alcohol or drugs, while an enhanced DWI is for a blood alcohol content (BAC) of 0.08% or higher. The legal definition of impaired driving varies by state, but most states use a BAC of 0.08% as a general guideline when determining whether someone is impaired behind the wheel. If you are convicted of driving while intoxicated, the conviction will show up on your driving record and could lead to fines, probation, jail time, or other penalties.
Driving Under the Influence (DUI and DWI)
A DUI is a driving-related charge, while DWI is a general term for driving under the influence of alcohol or drugs. However, the two terms are often used interchangeably. A DUI or DWI is commonly referred to as drunk driving, although the two terms are not exactly the same. A DUI encompasses both impaired driving and driving with a BAC of 0.08% or higher. A DWI, on the other hand, only applies to driving with a BAC of 0.08% or higher. A DWI charge is often referred to as DWI (Driving While Intoxicated).
Legal Penalties for Driving While Intoxicated
The severity of the penalties for a DWI can vary widely depending on the circumstances of the case. The severity of a DWI charge is usually determined by the BAC reading and the number of passengers in the vehicle. The penalties range from fines to jail time, although many people are unaware of the severity of the penalties. The penalties listed below are general examples for each category of BAC level.The penalties also depend on whether the driver is a first-time offender or has a previous DWI conviction. The following is a general overview of the possible penalties for driving while intoxicated:
First-time DWI: The person will face fines and a license suspension. The length of the suspension will depend on the BAC reading, number of passengers, and other circumstances of the case.
Second-time DWI: The person will face fines and a license revocation. The length of the revocation will depend on the BAC reading, number of passengers, and other circumstances of the case.
How to Avoid a DWI
The first step in avoiding a drunk driving charge is to know the signs of impaired driving. There are numerous signs that could indicate that a driver is impaired by alcohol. There are several ways to avoid a DUI. The best way to avoid a DUI is not to drink and drive in the first place. If you plan on drinking alcohol, make sure to designate a sober driver or use public transportation. Another effective way to avoid a DUI is to install an ignition interlock device in your vehicle. An ignition interlock device is a device that prevents a car from starting if the driver has a BAC of 0.0%. If you have an interlock device installed, you will need to blow into a breathalyzer every time you want to start your car, which will keep you from driving drunk.
Facing a Formal DWI Arraignment
In most states, a person charged with a DWI must appear in court at a specific time. If you are arrested for a DWI, the court will set a date for your arraignment. At the arraignment, you will enter a plea and the court will set a date for when you will be required to enter a plea. The arraignment is where you will enter a plea, be informed of your rights, and have the opportunity to speak to a lawyer. You don’t have to have a criminal defense lawyer present at the arraignment, but it’s a good idea to have one on standby in case you want to hire a lawyer later. At the arraignment, you can also ask for a court-appointed lawyer if you don’t have the money to hire one.
Facing a Formal DWI Trial
A DWI trial is a courtroom proceeding in which both the prosecutor and the defense attorney will present their case to a judge or jury. During the DWI trial, the judge or jury will be presented with evidence to determine whether the state has proven the case beyond a reasonable doubt. In most states, the prosecutor must prove that the defendant was impaired while driving, or the case will be dismissed. The defendant, on the other hand, can present evidence to show they were not impaired. The factors that the judge or jury will weigh during a DWI trial include: Your performance on field sobriety tests, the breathalyzer test results, and any other evidence related to impairment.
Conclusion
Driving while intoxicated is illegal in almost all states, and it’s one of the most common reasons for a traffic stop. But many people don’t understand the severity of these charges or how long they might be on their record. To help you understand what happens when a person is pulled over for drunk driving, we have outlined everything you need to know about DWI charges in Houston below.