DWI cases can be complex. From breath testing and Standardized Field Sobriety Tests to forensic toxicology and accident reconstruction, you need a DWI lawyer who knows how to spot problems with the government’s case and to exploit those problems to a client’s advantage. Doug and Woody know what to look for when it comes to analyzing DWI cases.
For first time DWI offenders, the punishment ranges from a minimum of 3 days in jail up to 180 days in jail and up to a $2000 fine. For second time offenders, the punishment increases to up to 1 year in jail and up to a $4000 fine. Similarly, if a suspect’s blood or breath test results show a BAC of 0.15 or higher the potential punishment is up to 1 year in jail and up to a $4000 fine – even for a first-time offender. In most cases, prosecutors will offer the option of probation as an option in lieu of jail.
If a person is charged with DWI after he/she has previously been convicted of DWI two or more times, then the offense becomes a felony. Felony DWI carries a range of punishment from 2 – 10 years in prison and up to a $10,000 fine. Prosecutors charging someone with a felony DWI charge are often very reluctant to offer a defendant probation. When facing a felony DWI charge in San Antonio, it’s more important than ever to have a skilled DWI lawyer on your side.
A person commits the offense of DWI with a Child Passenger if the person is intoxicated while operating a motor vehicle in a public place, and the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age. DWI with a Child Passenger is a state jail felony and carries these possible penalties:
- A fine up to $10,000.
- 180 days to 2 years in the Texas Department of Criminal Justice.
- Suspension of driving privileges.
The state of Texas defines Intoxication Assault as when a person causes serious bodily injury to another person during the act of operating an aircraft, watercraft, amusement ride, or a motor vehicle while intoxicated where the injury is a result of the defendant's intoxication. Serious bodily injury refers to an injury that creates a significant risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
Intoxication Assault is a Third Degree Felony, carrying potential penalties including:
- Up to $10,000 in fines.
- 2 to 10 years in the Texas Department of Criminal Justice.
- Driver's license suspension ranging from 180 days to 2 years.
Different from regular Manslaughter or Vehicular Manslaughter, Intoxication Manslaughter, a Second Degree Felony, does not require proof of a reckless act or reckless driving, for it is presumed by operating a motor vehicle in a public place while intoxicated to be a reckless act. If the State of Texas can prove that the person's intoxication was the cause of the other person's death, then the following penalties may apply:
- Up to a $10,000 fine.
- 2 to 20 years in prison.
- "Stackable" prison time if more than one person is killed or seriously injured.