Beginning September 1, 2013,
the penalty for a hit-and-run fatality in the state of Texas will equal that of
intoxicated manslaughter. The current law charges an intoxicated driver who is
involved in an auto accident and leaves the scene with a third-degree felony.
The maximum sentence under the current law is ten years in prison. The new law
increases the offense to a second degree felony with a potential of a twenty
year prison sentence. But what if you have been falsely accused of DWI?
If you believe that the
justice system never makes a mistake, you should rethink that position. No one
is in favor of intoxicated people getting behind the wheel of a vehicle and
putting others in jeopardy, however every single day innocent people are
charged with DWI. Whether you are truly innocent of the crime, or are a good
person who made a bad choice, consulting a Houston drunk driving attorney could
be your best choice following DWI charges.
DWI Penalties in Texas
The penalties in Texas for a
DWI conviction are among the harshest in the United States. A first offense DWI
can bring up to $2,000 in fines, six months in the county jail and 100 hours of
community service while a second offense can garner up to $4,000 in fines, one
year in the county jail, 200 hours of community service and driver’s license
suspension of two years. Third and fourth offense DWI convictions bring even
harsher penalties. In addition to these penalties you could also face
supervisory fees, probation and license reinstatement penalties. There are
other consequences of a DWI conviction including:
·
The inability to obtain a student loan
·
The inability to obtain a professional license
·
The inability to own a firearm
·
The inability to work with children
·
The inability to keep your current job or obtain
a future job
·
Cancellation of your insurance or the addition
of extremely high premiums for many years
·
The social stigma of having a DWI conviction on
your record.
The Flaws Inherent in Sobriety Tests
Whether you are asked to
submit to a Breathalyzer test, a blood test, field sobriety tests or a
combination of the above, be aware that all these tests are far from perfect.
Breathalyzer machines may not be correctly calibrated or the officer
administering the test may not be properly trained. When blood is drawn it may
be done in less than sterile conditions, or the blood lab may not properly
handle the blood sample once it is received. As far as field sobriety tests, there
are many variables—along with the officer’s subjective beliefs—rendering the
tests far from foolproof. The weather, the person’s age, height, weight,
health, medication being taken, level of fear or anxiety and even the shoes
they have on can all have a bearing on tests which measure balance.
Getting the Help You Need Following DWI Charges
Any way you look at it, a DWI
arrest is a jarring, anxiety-ridden event with repercussions which can stretch
far into your future. Decisive action could be the only thing that saves you
from spending months in prison, thousands of dollars and a permanent criminal
record. Your best interests may best be served by speaking with an experienced
Houston drunk driving lawyer before you say anything to the police (other than
your name and address). Your future is at stake, so don’t take DWI charges
lightly.
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