There are several categories of crimes in general: infraction, misdemeanor, and felony. Texas has added a category between general felonies and misdemeanors called state felonies, but they are still treated as regular felonies. DWI offenses fall into the same three categories. So what are the 3 types of DUI infractions in Texas? Infraction A few ...
The two main categories are DWI and DUI. DWI means that you are over 21 and had a blood alcohol concentration of 0.08 or more. Your first DWI conviction can result in up to 180 days in prison with a minimum of 3 nights in jail. It can result in a fine of up to ...
The law does not allow a deferred adjudication for a DWI. So deferred adjudication is probation for other offenses where the judge does not find the person guilty, and the judge defers the judgment. That is called the deferred adjudication; the judge defers the judgment of guilt. So if the person completes the probation period, ...
If someone belches, burps, or regurgitates after a DWI stop, the officer is supposed to start the 15-minute observation period over again. The theory is that during 15 minutes, whatever got introduced into the mouth would evaporate or would dissipate, so that it won’t affect the test. This is a dubious conclusion, especially if someone ...
The thing that sets my firm apart is our experience in handling DWI cases, and our knowledge of the law and science involved in these cases. Our success in handling DWI cases and our reputation with law enforcement, prosecutors and the judges and our ability to successfully handle DWI cases is well known. That translates ...
Quite often, when we are preparing for trial, we may have the client do some counseling, or go through some type of treatment. That may not have anything to do with whether they are found guilty at trial, but it can sometimes be very helpful if a person is found guilty to help them with ...
A client always has the right to a trial by jury. It is six jurors in a misdemeanor case, and twelve in a felony case in Texas. The right to jury can be waived, and in some cases where we feel confident that the judge is a fair judge on most issues that are particularly ...
What’s the punishment for the first DWI offense in TX? The punishment for driving while intoxicated in Texas depends on your age, your blood alcohol level, the literal impact of the accident if you were in one, and the number of times you’ve been arrested for DWI. In general, the first offense results in suspension ...
That can be the case and frequently the general procedure is if a plea bargain is rejected and the case goes to trial then that plea bargain is no longer available. Depending on what happens at trial, and if a person is found guilty at the trial, the prosecution may recommend the same thing or ...
If they refused the breath or blood test, then that refusal can be used as evidence at trial. The prosecutor likes to say, “That person refused the breath or blood test because they know they are guilty”, well that is not true. You have a right to refuse the test. We can successfully fight that ...
