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Depending on the state practice, this can be interpreted as an abbreviation for driving while intoxicated or driving while impaired. Like DUI, many states proscribe impaired (or “intoxicated”) driving as caused by other impairing substances, drugs, plants or chemical compounds.
DWIs come with many complicated issues that must be taken into consideration when evaluating a criminal case. The punishment and possible suspension involved make seeking professional legal advice a necessity.
What is the Range of Punishment on a DWI?
A DWI comes with a range of punishments that carry fines and possible jail time. |
- A DWI 1st is a class B misdemeanor can range of punishment of up to a 180 days in the county jail and/or a fine of up to $2,000.00.
- A DWI 2nd is a class A misdemeanor and can range of punishment of up to a 365 days in the county jail and/or a fine of up to $4,000.00.
- A DWI 3rd is a third degree felony and carries the possibility of time in the penitentiary.
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DWI can also carry civil penalties such as surcharges and suspension. For instance as of September 1, 2003, DPS will assess a "surcharge" on the license of each person who, during the preceding 36-month period, has been convicted of an offense relating to the operating of a motor vehicle while intoxicated, please see Texas Transportation Code Section 708.102(b). This "surcharge" applies only to persons finally convicted* on or after September 1, 2003, as per Texas Transportation Code 708.101. The surcharges are as follows and are assessed over a three year period: |
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$1,000.00 per year - |
upon a DWI 1st conviction (total $3,000.00) |
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$1,500.00 per year - |
if you are convicted of DWI and have a previous D.W.I. conviction at any prior time (total $4500.00)
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$2,000.00 per year - |
if it is shown that the breath or blood specimen showed an alcohol concentration of 0.16 or more (total
$6,000.00)
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- Call MENES LAW FIRM (214)631-2751 to schedule a consultation
- You should also prepare a detailed written statement of what happened (starting with the night before your arrest and detail all events leading up to your arrest) as soon as possible. Determine whether you have any witnesses that could help you should you decide to go to trial. Get their contact information and have them draft a brief
statement.
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** If you are not a citizen of the United States, please be sure to let our office know this so we may plan your criminal defense in such a way that will not impact your immigration status.**
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