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Keeping You Informed: Effective 09/01/2011, the Texas legislature passed the Abdallah Khader Act. This bill makes driving while intoxicated with a blood-alcohol content level of 0.15% a Class A misdemeanor (which carries a penalty of up to a year in jail instead of a maximum of 180 days). The bill also makes the crime of intoxication assault, in which the victim is left in a vegetative state, a second-degree felony (which carries a penalty of two to 20 years instead of two to 10 years).
Laredo DWI Attorney
Have You Been Charged With Driving While Intoxicated? Call & Discuss Your Case With our Laredo Attorneys Today
If you are facing a charge of driving while intoxicated in Laredo, then you need the protection of a seasoned and skilled Laredo DWI lawyer, who has knowledge and experience, as well as, the time to devote to your case. It’s not hard to find an attorney who will walk you through the trial, doing little more than hoping for leniency from the judge, but couldn’t you do that yourself? At Grossman Law Offices, our Laredo DWI attorneys approach every DWI case we take with the intention of aggressively pursuing the best possible resolution to the case. First, we need to get to know you and the details of your case before we can develop the most appropriate legal strategy for your given situation.
With a DWI conviction, comes the possibility of prison time and the loss of driving privileges, plus, the assurance of stiff penalties. In order to lessen the consequences or avoid them altogether, you need the help of a competent and clever Laredo DWI criminal defense lawyer. For more than two decades, the attorneys at Grossman Law Offices have been helping Texans accused of drunken driving, so we know how to help you too. Call us any time for a free consultation at 1-855-427-0000 (toll free). We’re to listen to your story, answer your questions, and suggest a legal strategy.
Until you call, we want to provide you with this informative article about the various DWI charges in Texas, and their accompanying criminal proceedings. We’ve found that only well-informed defendants can make the right decisions to arrive at the best resolution to their criminal proceedings. Read on and arm yourself with knowledge.
DWI Criminals Differ from the Norm
In comparison to other criminal offenders, people who commit DWI offenses differ in that they are not intentional criminals but just normal, every-day citizens who made a mistake. Remember, alcohol impairs judgment, so anyone who drinks can theoretically drink too much and end up driving drunk when he or she had no intention of doing so. However, while the crime of DWI is not wholly intentional, the prosecution will seek to punish the offender as strictly as possible, just as if he or she were an intentional criminal. Furthermore, a conviction can have far-reaching effects on your life – and not just for the fines and possibility of loss of your license and incarceration, but also for the effect a conviction can have on your employability and reputation for years to come.
In an effort to help you better understand the situation in which you have found yourself, the DWI attorneys at Grossman Law Offices have put together this informational page containing a plethora of facts about the various DWI crimes.
How do Criminal Cases Work?
We can’t very well begin discussing the inner workings of DWI cases until we have first made certain that you comprehend a little bit about the criminal justice system in general. On the one hand, states, counties, and municipalities all have the right to determine their own laws and punishments for violators of those laws. On the other hand, however, the laws and the corresponding criminal proceedings and punishments must respect the rights that are afforded every citizen of the United States by the Constitution and its first 10 amendments, known universally as The Bill of Rights. In order to hold someone accountable for violating a law, any jurisdiction must gather evidence with respect to the suspect’s rights and must then prove the case against the suspect beyond a reasonable doubt.
As we mentioned briefly, each jurisdiction has the right to establish its own laws and punishments, so long as they conform to the over-riding state and federal laws. Thus, each municipality can establish its own speed limits, the fines for paying a ticket when people exceed the speed limit, and the method by which the fine must be paid. However, a federal court has jurisdiction over certain offenses. Even though a person may have been caught in Laredo making bombs in his or her basement, terrorism is a federal crime, so the suspect will be tried in a federal court. More so than just having their own laws, each court within each municipality has its own procedures to such an extent that many lawyers actually say that each court has its own “personality.” To understand this concept better, compare courts to football stadiums. Like courts which exist for the sake of dispensing justice, all football stadiums have the same purpose: to serve as a location for playing and observing football games. However, just like all courts, each football stadium is unique in its own way – some are larger than others, some have better concessions, some are indoors, some are outdoors, some have turf and others grass. Courts differ from each other not just in their laws and punishments, but in the way those laws and punishments are enforced. With every court unique and its jury pool having different overall personality, you will need the help of a Laredo DWI attorney who knows the personality of the Webb County courts and the tendencies of its jurors.
When you are accused of any crime, you have the right to a jury trial, but that doesn’t mean going to court is necessarily your best option to resolve your case. Just like a guilty criminal, the prosecution often has significant incentive for working out a plea bargain. The prosecutor is under great pressure to maintain a good winning percentage so as not to draw the ire of his or her superiors, but success for him or her often depends on how well the police conducted their arrest and subsequent investigation. When the police gathered strong evidence, the prosecution will want to go to trial, so it can record an impressive victory. Conversely, when the evidence is comparatively shoddy, the prosecution will want to do whatever it can to ensure some kind of a win. Moreover, the defendant has a great deal of incentive for working out plea bargain in order to avoid fines, jail time, loss of driving privileges, and serious damage to their reputation and employability.
What Can a Criminal Attorney do to Help me With my Case?
No matter what crime that you have been accused of doing there is a wide range of possible punishment that could be assigned if convicted because the law wants to take into account the different degrees of criminals and crimes (thus, a convicted criminal could face a range of punishment between 5-20 years for X offense). Criminals who are seen as being a greater threat to the public are given the most severe sentence, while less-threatening criminals receive lesser punishments. Don’t misinterpret this information, however. The prosecution will always attempt to get the maximum punishment, unless an offender can convince the court that he or she is less of a threat and deserving of less admonishment.
At Grossman Law Offices, our Laredo DWI lawyers have been dealing with DWI cases for more than two decades, so we know how to help you. Initially, we’ll want to sit down someplace that is comfortable and discuss the case with you, so we can learn your side of the story. After that, we will contact the prosecutor and learn exactly what you’ve been charged with and what punishment is being sought. Since we have significant experience in the Webb County courts and have built strong reputation therein, we can easily contact the prosecutor during the discovery period and learn what evidence the state has against you and what the prosecutor’s intentions are. Only after we’ve learned all of the facts and have both sides of the story will we begin devising a legal strategy and plotting a course to resolve the case. If you choose to hire Grossman Law Offices, we will aggressively pursue the best possible outcome to your case.
Plea Bargains vs. Jury Trials in DWI Cases
In order to plot the best course to provide the most desirable outcome to your case, your attorneys must know what evidence the state has against you. If the evidence gathered by police is negligible, non-existent, or illegally acquired, then your attorney will likely want to go to court where full exoneration can be won fairly. In some cases, an attorney with strong contacts in Laredo may be able to get the charges dismissed outright or move for summary judgment if that is not possible.
On the contrary, if the prosecution can establish your guilt through legally obtained strong evidence – video footage, a blood sample, or a signed confession – then it’s likely in your best interest to come to a plea agreement of some kind.
Moreover, in some cases, the judge will allow for deferred adjudication in which the guilty conviction is put on hold for a period of time in which the defendant must comply with conditions of a memo agreement. If the defendant does so to the satisfaction of the judge, then the charges are then dropped or reduced.
When you sit down to discuss your options with one of our experienced Laredo DWI lawyers, we will explain your options and try to help you pick the correct legal strategy. Erring in the proper course to pursue your case could have tremendously detrimental effect on your future.
Penalties for DWI Offenses in Texas
According to DWI laws in the state of Texas, the penalties for a DWI conviction depend upon the severity of the DWI incident and the previous DWI history of the offender. Penalties for DWIs can range from:
First-time DWI
Someone convicted of his or her first DWI, a Class B misdemeanor, faces possible jail time of up to 180 days, a fine as high as $2,000, and a driver’s license suspension between 90 days a year.
Extreme DWI
Starting in September, the Texas State Legislature changed DWI laws, increasing punishment for offenders who were extremely intoxicated when they received DWIs. When drivers are determined to have a blood alcohol concentration greater than .15 percent, then the offense becomes a Class A Misdemeanor, carrying a longer maximum sentence of 180 days to two years in prison and a greater fine of $4,000.
Second-time DWI
A second DWI conviction is classified as a Class A misdemeanor and is punishable with a prison sentence as long as a year, a driver’s license suspension as long as two years, and a fine as high as $4,000.
Third-time DWI
When someone is convicted of a third DWI, it’s a very serious offense, classified as a 3rd-degree felony. The fine for a third DWI can run up to $10,000, jail time can be as long as 10 years, and the driver’s license can be revoked for up to two years.
Open Containers
If a drunken driver also happened to be carrying an open container in his or her car that contained any type of alcoholic beverage, then his or her punishment only worsens. An open container conviction adds a minimum of six days to any prison sentence applied by the court, while also lumping another $2,000 in fines onto the convicted offender.
Driver’s License Surcharges
But wait, that’s not all. In order to reinstate his or her driver’s license after it has been revoked for a DWI offense, first-time DWI convicts must pay $1,000 annually for three years, unless the driver’s was convicted of an extreme DWI at which point the surcharge rises to $2,000 per year. For a second DWI, the three-year annual surcharge to reinstate the driver’s license rises to $1,500, doubling to $3,000 for an extreme DWI. For a third DWI, the surcharge is $2,000 per year for three years or $4,000 for an extreme DWI. Additionally, if DWI convictions overlap in a three-year period, then the offender must pay overlapping surcharges to maintain his or her driver’s license during the period of the overlap. It’s not unheard of for DWI offenders to be forced to pay over $5,000 per year to maintain driving privileges.
Intoxication Assault & Intoxication Manslaughter
Obviously, when someone hurts another person in a drunken driving accident, then that DWI offender is viewed as a greater threat to society and thus will receive a greater punishment. When someone caused an accident while intoxicated, the drunken driver will face an intoxication assault charge which is labeled a 3rd-degree felony, carrying a maximum fine of $10,000 and between two and 10 years in prison.
Without a doubt, the worst DWI crime is when a drunken driver kills another driver or pedestrian in an accident, committing what is known as intoxication manslaughter, a 2nd-degree felony. Anyone convicted of intoxication manslaughter can be sentenced to a maximum prison term of 20 years and a fine of up to $10,000.
Since DWI offenders who have hurt others present a far greater risk to society, both intoxication assault and intoxication manslaughter come with mandatory prison time. Anyone convicted of intoxication assault must spend a minimum of 30 days in jail, while intoxication manslaughter convicts must spend a minimum of 120 days in jail. Anyone committing intoxication manslaughter with a deadly weapon is completely ineligible for probation.
Probation Requirements
In most drunken driving cases, the convicted DWI offender will be given probation instead of the maximum jail time. A probation agreement requires that the offender fulfill a number of obligations, including a monthly supervisory fee of $50. The probationer will also be expected to report to his or her probation officer once a month in order to verify that this requirement and the other probationary requirements are being met. Other probationary requirements can include but are not limited to: attending a DWI seminar, fulfilling a certain amount of community service, abstaining from committing crimes or drinking alcohol, and staying away from bars and people who could cause a relapse into drinking. Moreover, the offender could be required to take monthly drug and alcohol tests to ensure that he or she is complying with probation. Moreover, the probationer must pay all required court fees and fines according to the schedule for which he or she has arranged to do so. If the probationer builds rapport and trust with his or her probation officer, then he or she may be permitted to mail in a probation report instead of appearing in person, but this is at the discretion of the particular probation officer.
For someone charged with multiple DWI offenses or people who are charged with either intoxication manslaughter or intoxication assault, then a condition of the suspect being released first on bond and later after a conviction on probation will be the installation of an interlock device on the ignition of the driver’s car. This device measures BAC on the breath, and the driver must provide an alcohol-free breath sample in order to start the car. If any alcohol is detected, the car will not start for two hours and then only after an alcohol-free breath sample has been supplied. Anyone ordered to use an interlock device cannot legally drive a car that is not outfitted with an interlock device.
While there are some uncommon and extraordinary instances in which DWI convictions may be expunged, in most cases a DWI convictions follows someone for the rest of his or her life. In rare cases where a DWI can be expunged from someone’s legal record, the conviction remains on the offender’s driving record, driving up auto insurance rates for the next 10 years.
In order to learn more about the fines and penalties associated with any DWI offense, call the experienced Laredo DWI lawyers at Grossman Law Offices if you have been charged with any form of DWI. We have more than two decades of experience from which to draw in order to answer your queries and ease your concerns.
Different Types of DWI Cases
In order to determine if you are actually guilty of the DWI crime for which you have been charged, it’s necessary to learn a little more about what constitutes a DWI.
According to the laws in the state of Texas, drivers are prohibited from operating any motor vehicle while “intoxicated.” You may not realize that this does not only include people who have had too much to drink. In fact, the definition of what constitutes intoxicated is two-pronged. The driver either has a BAC of greater than .08 percent, or he or she has lost “normal mental and physical” abilities due to consumption of drugs, alcohol, or a combination of the two.
However, don’t make the mistake of assuming the term “normal” in this definition refers to the typical thing an average person would do. No, in this case, the term normal is recognized as what is normal for the specific driver. However, as you may be wondering, how can the arresting officer have any idea of what is normal for the driver, when the two have likely never met before.
Thus, the gray area of what is and isn’t normal is one of the primary reasons why law enforcement officers try so hard to get suspects to take BAC tests, so they can get more concrete evidence to establish guilt. Moreover, they want to make sure someone committing Extreme DWI is made to pay stiffer penalties and higher fines due to the increased dangers they have presented to the greater public.
The good news for you is that the Laredo DWI attorneys at Grossman Law Offices are ready and capable of assisting you with your defense in any DWI case.
BAC in Texas DWI Cases
We’ve already mentioned BAC several times throughout this article, and you probably knew before being arrested that .08 percent BAC is the legal level of intoxication in Texas and throughout the United States. This percentage hasn’t been chosen at random but is the scientifically proven point at which alcohol has impaired physical and mental acuity. In Texas, there are three methods used to determine BAC:
- The number of grams of alcohol per 210 liters of breath,
- The number of grams of alcohol per 100 milliliters of blood,
- Or the number of grams of alcohol per 67 milliliters of urine.
Unless you’re a skilled mathematician and prodigious drinker, it’s virtually impossible to keep track of your on BAC while you are consuming alcohol. Additionally, the science of calculating BAC isn’t an exact one, and all measuring methods are based upon what is typical for an average human being. A person might be considered legally intoxicated by one means of measurement, but due a fluke in that person’s body chemistry, he or she may be considered intoxicated when legally sober or vice versa. Then, of course, it’s always possible for a law enforcement officer to claim a driver was intoxicated; even though, he or she bad a BAC less than .08 percent. Remember, one of the legal definitions of intoxication is when the driver has lost his or her “normal mental and physical” abilities.
Inaccuracies in Breathalyzer Tests
When it comes to the accuracy of BAC tests, the greatest challenge is time. For a driver to be found guilty of drunken driving, then the state must be able to convince the jury that the driver was intoxicated while he or she was actually driving the car. Unfortunately, most BAC tests are not administered until 45-90 minutes have passed by since the traffic stop.
Absorption of alcohol can be greatly affected by different factors, among them: what the driver had to eat, the types of the alcohol consumed, the speed at which the alcohol was consumed, and the length of time since consumption has ceased. Thus, when too much time has passed before administering a BAC test, then results of the test are questionable at best and completely inaccurate at worst. If a driver stopped drinking long before driving home, then he or she could be stopped while still legally drunk only to sober up before taking a BAC test. On the other hand, if a driver foolishly has a couple of shots for the road, then he or she could be pulled over while legally sober only to become legally intoxicated before taking a BAC test.
A seasoned and skilled Laredo DWI attorney like those at Grossman Law Offices will make sure any BAC test that was administered too long after the traffic stop is thrown out of court or at least the jury considers the questions with its accuracy.
Procedures for Testing DWI in Texas
The biggest Catch 22 with DWIs comes from the fact that blood tests provide by far the most accurate estimation of BAC and can be re-tested for accuracy as many times as necessary, but blood tests are at the same time by far the most inefficient and unsafe BAC test to administer roadside. Blood tests can only be given back at the police station, which leads to an even longer amount of time before the BAC test is given. Therefore, in the state of Texas, most law enforcement officers ask DWI suspects to take breathalyzer tests. Breathalyzers are handheld and much simpler to administer; thus, it should probably not surprise anyone that they are also far less accurate than blood tests.
In order to conduct breathalyzer tests, most Texas law enforcement agencies turn toward the Intoxilyzer 5000, which detects alcohol on the breath by monitoring infrared light. However, these machines are based upon 30-year-old computer technology that a reasonable person wouldn’t depend upon for word processing. Obviously, there are problems with the Intoxilyzer 5000’s accuracy like mistaking other harmless substances on the breath (like mouthwash) for alcohol.
However, the greater problem presented by the Intoxilyzer 5000 comes from the way it measures blood alcohol concentration by using the average breath/blood ratio for a typical human being of 2100/1 (for every one particle of alcohol in the breath there are 2,100 in the breath). However, someone can have a breath/blood ratio as high as 3100/1 or as low as 1100/1, wildly swinging his or her reported BAC from his or her actual BAC. Additionally, BAC can be inflated or deflated by many other factors, such as: the suspect’s height, weight, lung capacity, muscle density, blood composition, temperature, or prescription drug usage.
Creating even more skepticism over the accuracy of the Intoxilyzer 5000, the company that manufactures and sells the breathalyzer refuses to warranty its accuracy, and only law enforcement officers are permitted to check these machines for reliability.
What makes the usage of the Intoxilyzer 5000 truly perplexing is the fact that it has the capability to be a much more accurate device. There is a more accurate breath analysis test called a gas chromatography test, but like a blood test, it cannot be administered roadside. The Intoxilyzer 5000 can store breath samples, so they can be tested later. However, the Texas Department of Public Safety refuses to require any Texas officers to store these breath samples or conduct the gas chromatography test. Clearly, the DPS is choosing to make its roadside breathalyzer tests the only standard of what constitutes a drunken driver, opting to go with more convictions over more accurate convictions.
If your DWI charge was based solely on a breathalyzer test, then a Laredo drunken driving attorney may be able to help you beat the charges. Thus, you should call Grossman Law Offices today to discover how we can help.
Particularly if you have been charged with a 2nd or 3rd DWI, then you need all of the help you can get to fight the DWI with which you have been charged. With over 20 years of experience, the attorneys at Grossman Law Offices are trained and talented in how to contest BAC tests or an officer’s reasoning behind why he or she pulled you over or administered a field sobriety test in the first place. Moreover, we’re skilled in convincing a judge to exclude sketchy BAC tests or getting the jury to overlook any questionable BAC results when the judge is not sympathetic. To get the best outcome possible from your trial after being accused of drunken driving, you need to contact the best Laredo drunken driving attorneys you can find – like those at Grossman Law Offices.
Your Rights in a Drunken Driving Case
No matter what idea you’ve gotten from television and movies, you do not yet have the right to contact an attorney while being questioned during the traffic stop or immediately after your arrest. “The right to an attorney” guaranteed by the Constitution only relates to criminal investigations into alleged criminal behavior and does not include non-interrogatory questioning. However, you do have “the right to remain silent” and can refuse to answer any questions presented by the officer. Just keep in mind that this will only anger the officer and increase the likelihood of your being arrested.
However, you do have rights when you are pulled over by a law enforcement officer under suspicion of drunken driving. Thus, remain calm, don’t panic, and be polite. By taking an aggressive posture of getting mad you will only ensure the police officer will try harder to arrest you. In an effort to figure out whether or not the driver is intoxicated, the police officer will ask him or her to perform certain field sobriety tests. However, remember the purpose of these roadside tests is to determine if the driver has his or her normal physical and mental abilities. Thus, if you have reason to believe that you could not pass a roadside sobriety tests under normal conditions, then you can decline to take the test. If you have dyslexia, for instance, then you will likely have trouble reciting the alphabet forwards, let alone, backwards as many officers require. If this is the case, then you have every right to refuse to take the field sobriety test.
Although, you should beware of using this tactic unless the excuse is legitimate. Nowadays, Texas police cruisers are armed with video surveillance systems, and the officer will position his car to record the entire interaction with any DWI suspects. If you repeatedly refuse to take field sobriety tests, then you will look very guilty to any juror who watches the video. Furthermore, the police officer will only demand that you take a breathalyzer test. You may very well have been better off taking your chances with the field sobriety test. You also have the right to refuse the breathalyzer test due to concerns over its accuracy. However, driving is a privilege, and if you refuse the breathalyzer, then this privilege will be revoked immediately, resulting in the arrest for DWI of the suspect on the spot. Once you arrive at the police station, you will then have the option of taking a more accurate blood test.
Before taking any action during a DWI traffic stop, it’s important to note the time of week and year. In order to combat increased levels of drunken driving on holiday weekends, some jurisdictions have judges pre-authorize search warrants to extract blood samples from suspected drunken drivers. In San Antonio’s Bexar County, the district attorney’s office has even authorized this action on every weekend on a trial basis from Labor Day through the end of the year, 2011. Thus, you should consider this before refusing a breathalyzer test, since doing so will lead to the immediate revocation of your driver’s license.
ALR Hearing Following a DWI
Once you refuse to take a breathalyzer test or fail a BAC test of any kind, the arresting officer will confiscate your driver’s license and issue a temporary provisional license that remains valid for the next 40 days. However, this doesn’t mean your license is necessarily gone for the next 180 days as is usually required for refusing a breathalyzer test.
On the contrary, you can request an Administrative License Revocation Hearing (ALR Hearing) to present your case stating why you should retain your license. Once you are notified of the license suspension, you have 15 days to request an ALR Hearing, or that right is considered waived.
In most cases, the ALR Hearing cannot be scheduled until after the 40-day provisional license has expired. When this happens, the provisional license extends until such a time as the ALR Hearing takes place. If you lose the ALR Hearing, then you are permitted 30 days to file an appeal, which will then extend the temporary license for an additional 90 days. On the other hand, if you win the ALR Hearing or eventually secure a not guilty verdict in your trial, then your license is reinstated immediately.
If you have lost your license as a result of a refused breathalyzer test, then the Laredo DWI lawyers at Grossman Law Offices can help get you back behind the wheel by doing whatever we can to help you win your ALR Hearing.
Occupational Driver’s Licenses
If you lose your ALR Hearing and are convicted of a DWI, then your driver’s license is going to be suspended. Although, this doesn’t necessarily mean that you are done driving until the suspension passes, for you can apply for an occupational driver’s license. The state of Texas understands that people need a way of getting to work or school and providing for the needs of their families. Thus, even convicted drunken drivers who have lost their licenses can apply for an ODL, but such licenses don’t come cheap and are accompanied by many restrictions. Anyone using an ODL must keep a detailed travel log that tracks everywhere he or she has driven, the time and date of the trip, the miles driven, and the reason for departure. If you must keep on driving and want to avoid taking the bus (what bus in Laredo?), then the requirements of the ODL are merely small prices to pay.
In order to get an occupational driver’s license in Webb County, you must follow the specific procedure required by the court. The petition requesting the ODL must be filed in the court according to the expectations of that specific court, and to make sure this is done properly you will need the guidance of a Laredo DWI attorney who has extensive experience in the Webb County court system. At Grossman Law Offices, we know how to help you get an ODL that will put you back in the driver’s seat as soon as possible.
DWI with a Minor in the Vehicle
Children don’t have the option of refusing to get into the car with a parent who has had too much to drink, so the state of Texas makes a greater effort to protect children from drunken drivers by subjecting people who drive with their children in the car to stiffer penalties. Thus, Texas has created a separate charge called DWI with a minor in the vehicle which is treated like a form of child endangerment. This crime is considered a state felony and is punishable with a maximum fine of $10,000 and as long as two years in prison. In an effort to protect children, police are much more inclined to arrest someone on a DWI with a minor charge – even doing so without a breathalyzer test in many cases in order to err on the side of caution for the sake of the children’s safety.
However, the damage from a DWI with a minor conviction is not limited to that dispensed by the court. Single parents who are convicted of this crime risk losing custody of the child to a former spouse or possibly a grandparent or even the state. Since the consequences are so severe, you must have the help of an experienced and knowledgeable Laredo DWI attorney to fight a charge of DWI with a minor. If you or someone in your family has been charged with DWI with a minor, the attorneys at Grossman Law Offices know how to challenge the officer’s mistaken claims and false accusations, as well as, the validity of the breathalyzer test. We can prove the child in your car was safe. The future of your family depends on competent and dependable representation, so call on us.
DUI and DWI for Minors Under 21
When the person charged with drunken driving is under 21-years-old, then the laws regarding drunken driving are completely different. Since minors are prohibited from legally drinking any alcohol, they cannot operate any motor vehicle with so much as a drop of alcohol in their systems. Thus, any minor who drives a car after drinking any alcohol at all in Texas is guilty of Driving Under the Influence (DUI). This is very important to note, since many other states refer to DUI as any intoxicated offense. While 18 is the legal demarcation line for minors and adults in most other offenses, a minor when it comes to alcohol-related laws is anyone under the 21.
While they may be minors, people under 21 have the right to refuse a roadside sobriety test or a breathalyzer just like an adult, but they also face stiff consequences when passing on the breathalyzer. For refusing a breathalyzer for a first DUI offense, a minor loses his or her driver’s license for up to 120 days. If the minor has been convicted of another alcohol or drug-related offense in the past five years, the driver’s license suspension can be extended for as long as 240 days.
On the other hand, if a minor takes the breathalyzer test and is found guilty of a DUI, then his or her driver’s license will only be suspended for 60 days. A minor who is guilty of a DWI loses his or her license for up to a year, but minors who are found to be dangerous alcoholics an have their license revoked entirely or be banged from receiving a driver’s license if they don’t already have one.
- First-time DUI A first-offense DUI is only a Class C misdemeanor, but it’s still nothing to be scoffed about. A conviction can bring between 20 to 40 hours of community service, and the minor’s parents will be required to attend every court appearance. Moreover, minors convicted of a DUI must attend alcohol awareness class within 90 days of the conviction, and the minor’s parents may be required to go as well. Most importantly, first-time DUI offenders are the only drunken drivers who are eligible to completely expunge the conviction from their records, so long as they complete the terms of deferred adjudication, then the conviction disappears upon their 21st birthday.
- Second-time DUI A second DUI is still a Class C misdemeanor, but community service hours increase to 60. Furthermore, while the offender is still eligible for deferred adjudication, the conviction can no longer be expunged from the minor’s record.
- Third-time DUI When a minor is convicted of a third DUI, the crime becomes a Class B misdemeanor and is treated very much like a DWI, with minors over the age of 18 facing a fine between $500 and $2,000 and a prison sentence of up to 180 days. In addition, minors whose BAC exceeds .08 percent and are over 18 can be tried for DWI, facing the same consequences as adults.
If you have been charged with a DUI or awakened in the middle of the night after your child has been charged with a DUI, then you or your teenager has already done something regrettable. Do not compound this foolish act by attempting to deal with the DUI without the help of a skilled and experienced Laredo drunken driving attorney. Call Grossman Law Offices now. We can help.
More on Intoxication Assault and Intoxication Manslaughter
When someone has been accused of hurting or killing someone else in a drunken driving accident, the prosecution need only prove the driver was intoxicated and someone was injured or killed – no malicious intent must be established for a conviction.
To put it another way, beating such a charge is very challenging, and the consequences quite severe with intoxication assault labeled as a 3rd-degree felony featuring between two and 10 years in prison and a $10,000 fine, and intoxication manslaughter labeled as a 2nd-degree felony with a fine up to $10,000 and a prison sentence possibly as long as 20 years.
With such severe consequences for a conviction, you’re practically committing another crime against yourself if you attempt to handle your own intoxication assault or intoxication manslaughter case. In order to figure out the best course of action and then successfully take it, you will need the help of a Laredo drunken driving attorney with experience dealing with intoxication manslaughter and intoxication assault cases. With over two decades of DWI legal experience, the attorneys at Grossman Law Offices know how to help you.
Don’t Confuse Public Intoxication with DWI
Not only are public intoxication and DWI completely different crimes, but they each define “intoxication” differently. As we’ve told you, DWI defines intoxicated as being when someone has lost normal mental and physical abilities or when a person has a BAC level of .08 percent or higher while operating a motor vehicle. For public intoxication, however, the state of Texas defines “intoxicated” as meaning when a person has become so drunk that he or she presents a hazard to him or herself and others. When it comes to DWI, law enforcement officers in Texas have developed a proven system for finding drunken drivers and gathering evidence against them. They start videotaping the actions of the suspected drunken driver’s car the minute they believe the person may be intoxicated, then they align the cruiser to tape the roadside sobriety tests. Once the suspect refuses a field sobriety test or fails it, then the officer administers a breathalyzer. Refusal to take the breathalyzer results in an immediate arrest. However, when it comes to public intoxication, then there are no established procedures. Police officers must merely use their judgment to decide whether or not the person is so drunk as to present a danger to him or herself or others.
Since people committing public intoxication present far less of a danger than someone barreling down the highway out of control in an SUV, P.I. carries a much less stringent punishment and is a Class C misdemeanor with a $500 fine and no prison sentence. Due to this fact, unless you want to fight a public intoxication charge, you can handle it yourself. You don’t need a lawyer, only a checkbook. For a DWI charge, on the contrary, you need a seasoned and knowledgeable Laredo drunken driving lawyer.
Grossman Law Offices Knows How to Help You
At Grossman Law Offices, we know how to help you if you’ve been charged with any form of drunken driving offense – whether you hurt a family in an accident or barely blew over the legal limit with a BAC of .09 percent, whether you took a breathalyzer or refused one, whether you are a single mother of two who had your kids in the car with you when you were stopped after one glass of wine too many, or whether you’re a teenager who got pulled over after drinking your first beer.
For more than 20 years, we’ve been helping Texans find the best possible outcomes to their DWI cases, so we have the experience and know-how to assist you with your case in just the same manner. Moreover, you have this opportunity to call us for a free consultation at 1-855-427-0000 (toll free) and discuss your situation in private with a DWI attorney who knows what you’re going through. Any questions you have you can ask us, and once we’ve heard the specific details of your case, we can help you determine a legal path to the best result attainable. Your future depends on handling this situation the right way, so call us now.



