My brother was arrested for his second DWI offense here in Houston, Texas. What are the penalties involved and will he be imprisoned?

Efren

Houston, TX

DWI is a very time-sensitive case so your brother needs to act quickly because his DWI charge in Houston, Texas is already his second DWI offense. Before I educate you on the penalties that would be involved if your brother will be convicted, let me remind you first the he must employ the services of an experienced DWI lawyer to help him file the necessary paperwork and defend him on his DWI case. Several aspects of his life will be greatly affected if he once again will be convicted for DWI.

Your brother will be imprisoned or pay fines if he gets convicted for his second DWI offense. That would be between 30 days to one year and the fines would be up to $4,000. He could also be penalized for both incarceration and fine. The probationary period could be up to 24 months long and include several conditions set by the judge. Having jail time as a condition for the probation is also normal. The driver’s license suspension would be from six months to two years. If the judge doesn’t set a term of suspension, the Department of Public Safety would suspend his license for one year. The completion of the required DWI Intervention Program would not prevent the suspension of his license.

This is the first time that my son has ever been charged with DWI. He got into an accident but we are still thankful that no one was hurt. What are the possible penalties involved if he will be convicted for DWI in Houston, Texas?

Deedee

Houston, TX

Driving while intoxicated with alcohol or other intoxicating drugs or DWI is a very serious offense in Texas. The problem is that most people don’t realize that this is such a huge problem until they commit it. A lot of people pose to be dare devils and engage in drunk driving and speeding. Their merriment comes to a full stop once they are charged with DWI and fear starts showing on their faces.

Since your son has been charged with DWI in Houston, Texas, in the absence of aggravating factors, the first DWI offender could get off a little lightly. He may face the following penalties and punishments:

-A fine of an amount not exceeding $2000
-A jail term of three days to six months
-He may have to do community service for 24 hours to 100 hours as per ordered by the court
-If it appears that the he has an alcohol habit, the judge may have to order him to go in for rehabilitation

On the other hand, in case that there are aggravating factors like a child in the car, loss of limb or life of casualty, etc. involved in the case, the punishment may increase. So they say ‘Prevention is better than Punishment’ in the case of DWI and thus, it is advised that we take steps to avoid driving for at least 12 hours after the last drink.

In your next meeting with your DWI attorney in Houston TX, which should be soon, you should discuss what exactly the two of you hope to accomplish in court. Are you looking to be allowed certain restricted abilities to drive? Do you want six months in jail (or none) instead of a year? Do you want to get rid of all punishment? The last option might be the favorite for many, but is rarely possible. Discussing these things with your lawyer allow you to keep in touch with reality, and know when this will all be over–another important goal to define.

You should be in communication with your lawyer and with the people at the courthouse or the police department responsible for your case, so that you have every bit of information which might help or hurt you and can put it in the hands of your lawyer. Don’t be afraid to ask questions, and always expect an answer.