DWI: THE STAKES ARE HIGH

Driving While Intoxicated (sometimes called DWI or DUI) is one of the most common charges the average person might face. Police officers are being pressed to enforce the DWI laws very strictly and District Attorneys are being pressured by organizations such as Mothers Against Drunk Driving (MADD) to prosecute these crimes to the full extent of the law. It is very easy to be wrongly accused. At the same time, the penalties for DWI cases have become increasingly more severe over the last few years. In addition to the embarrassment and damage to reputation, a person charged with a second DWI faces penalties including jail for up to a year and a $4000 fine. Deferred Adjudication is specifically not allowed in DWI cases in Texas. Further, if your license is suspended as a result of a DWI, it now costs you $1000 a year for three years to be able to drive. The laws regarding DWI cases are very complex and the prosecutors are experts in this field. You need a criminal defense lawyer that has the knowledge, experience, and aggressiveness to level the playing field and hold the state to its burden.

Shahin Zamir has tried countless DWI cases. He has the expertise you need to prevail in one of these complex cases. As a former prosecutor, he knows exactly what the other side is thinking and the important nuances that can tip the outcome of the case one way or the other. He also knows the ins and outs of the Standardized Field Sobriety Tests and whether or not a police officer administered them correctly.

What about my license?

In addition to defending your criminal case, Shahin Zamir will fight for your right to drive at the administrative license revocation hearing following your arrest. If you are arrested for a DWI, call a lawyer immediately. You have a limited time to contest the revocation of your license and such a hearing can be very useful in defending the criminal case later on.

DWI penalties

Generally speaking, the penalties for DWI are becoming increasingly severe. The specific range of punishment depends on a number of different circumstances. For example:

a) first offense: a first-offense conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 3 days to 180 days, and a driver's license suspension of 90 to 365 days. (Class B Misdemeanor).

b) second offense: the maximum fine increases to no more than $4,000.00 and/or jail from 30 days to one year, and a possible driver's license suspension ranging from 180 days to 2 years. (Class A Misdemeanor).

c) third offense: here, you may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment, and suspension of your driver's license ranging from 180 days up to 2 years. (3 rd Degree Felony).

d) DWI with an open alcohol container (first offense): In addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00. (Class B Misdemeanor).

e) DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication: this crime is called intoxication assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000.00. (3 rd Degree Felony).

f)DWI where a death has occurred as a proximate cause of the intoxication: here, the crime is intoxication manslaughter. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2 nd Degree Felonies).

DWI / DUI License Suspensions, Surcharges, and Occupational Licenses:

License Suspension for Failure or Refusal of Alcohol Test:

After lawfully placing someone under arrest for DWI, a Texas law enforcement officer is authorized to request a breath test or blood test to determine the alcohol concentration in the arrestee's body. This is known as the “implied consent” law, under which the arrested motorist is deemed to have consented to the taking of a breath or blood specimen to determine the presence of alcohol or drugs in the body. Texas Transportation Code §§ 724.011 and 724.012. A failure of the test can result in the suspension of driving privileges from 60 days to 180 days for an underage (under 21) offender, 90 days for a first-time adult offender, or a year for a repeat adult offender. Texas Transportation Code § 524.022. A refusal of the test can result in a suspension of six months for a first offender or two years for a repeat offender. Texas Transportation Code § 724.035.

The suspension can be contested in an administrative license revocation hearing, held before an administrative judge in the State Office of Administrative Hearings. The hearing must be requested within 15 days of the arrest. Texas Transportation Code §§ 524.031-524.033, 724.041. At the hearing, the Department of Public Safety must prove by a preponderance of the evidence that the officer had reasonable suspicion to detain the person, as well as probable cause to arrest the person for DWI. The Department also must prove that the person, after being properly warned by the officer, either refused the test or took the test and the test showed that the person had an alcohol concentration of 0.08 or more while driving a motor vehicle. A negative finding on any of these issues prevents DPS from suspending the person's driving privileges. Texas Transportation Code §§ 524.035, 724.042- 724.043.

License Suspension for DWI / DUI Conviction:

With one main exception, a conviction for DWI results in the suspension of the defendant’s driver’s license. For a first-time adult offender, the suspension period must be set somewhere between 90 days and a year. If the adult defendant has one or more prior DWI convictions, the suspension period must be set somewhere between six months and two years. If the latest prior DWI offense occurred within five years of the current offense the suspension period must be set between one year and two years. Texas Transportation Code §§ 521.341, 521.344. The first-time adult offender who suffers a conviction suspension will receive credit for any suspension already incurred as a result of an alcohol test failure or refusal. Texas Transportation Code §§ 521.344(c), 524.023(b). The exception to the automatic conviction suspension rule applies to the adult first-time offender who receives probation – so long as the defendant completes a DWI education course in the first 180 days of the probation period, no conviction suspension is imposed. Texas Code of Criminal Procedure Art. 42.12 § 13(h), Texas Transportation Code § 521.344(d). This exception does not apply to minors or repeat offenders, even if they receive probation.

If convicted of a DWI, a minor (under 21 years of age) almost always will suffer a license suspension; the question is whether the suspension will be for 90 days under a provision in the Texas Code of Criminal Procedure or a year under a provision in the Texas Transportation Code. The provisions arguably conflict, but the courts have tried to reconcile them as follows. If convicted and sentenced prior to turning 21, the defendant who receives probation is facing a 90-day suspension with an ignition interlock required as a condition of probation. Texas Code of Criminal Procedure Art. 42.12 § 13(n). The defendant who turns 21 before being placed on probation does not face a license suspension if an ignition interlock is required as a condition of probation. Texas Transportation Code § 521.342(b). If the defendant is under 21 at the time of the offense and is sentenced to jail time rather than probation, the suspension is one year whether or not the defendant turns 21 prior to sentencing. Texas Transportation Code § 521.342(a).

The Department of Public Safety (DPS) assesses a surcharge on the license of a person who is convicted of DWI. For a first-time defendant, the surcharge is $1000.00 per year for three years, for a total of $3000.00. If the convicted defendant has a previous DWI conviction within the past three years, the surcharge is $1500.00 per year for three years, for a total of $4500.00. If it is proven that the defendant submitted a breath, blood, or urine specimen with an alcohol concentration of 0.16 or more, the surcharge is $2000.00 per year for three years, for a total of $6000.00. Texas Transportation Code § 708.102.

DPS maintains that it can suspend the driver’s license of anyone who fails to pay this surcharge. Chapter 708 of the Transportation Code does not provide for a license suspension in the event of nonpayment. It remains to be seen whether such a suspension is valid.

Occupational License:

An individual whose driver's license has been suspended generally is eligible for an occupational, or restricted, license. This requires the filing of a legal action in county or district court and the issuance of a court order authorizing the Department of Public Safety to issue the license. Texas Transportation Code § 521.242. An occupational license may allow the individual to drive not just to maintain employment, but also to attend an educational institution and to perform essential household duties. Texas Transportation Code § 521.241(1). The court order must specify the purposes for which driving is allowed, as well as permissible driving times and areas of travel. Texas Transportation Code § 521.248.

In addition to defending your criminal case, Shahin Zamir will fight for you right to drive at the administrative license revocation hearing following your arrest. If you are arrested for a DWI, call a lawyer immediately. You have a limited time to contest the revocation of your license and such a hearing can be very useful in defending the criminal case later on.

Don’t face this alone. The Law Office of Shahin Zamir is here to help you reach a successful resolution to your case. Call (713) 223-8900 immediately for a free consultation.