When someone gets convicted for a DUI, the penalties and punishments they receive are meant to discourage them from committing the act a second time. However, some people don’t take the hint and decide to drive while under the influence again. Since a DUI is a very serious offense, the penalties and punishments are even more severe the more times that the act is committed.
When you consider how dangerous drunk driving can be, it is perfectly reasonable that the law would try to discourage that behaviour as much as possible. The best way to avoid a DUI conviction is to not drink and drive, but if you do get in trouble for subsequent DUIs, then you should contact an attorney. If you live in Texas, then lawyer Vikas Bajaj is who you should contact to get the legal help you need.
The Penalties For a DUI
Every state has increasingly harsh penalties for every subsequent DUI conviction, which is why it is best to avoid having to face those penalties by not drinking and driving. In Texas, the penalties are as follows:
- First Offense – Class B misdemeanor, offenders face 3 to 180 days in jail, a fine of up to $2000, and a licence suspension of 90 days.
- Second Offense – Class A misdemeanor with up to a $4000 fine, a licence suspension of 1 year, and 30 to 365 days in jail.
- Third Offense – Third degree felony with a fine of up to $10,000, a licence suspension of up to 2 years, and 2 to 10 years incarceration in the Texas Department of Criminal Justice (TDCJ).
There are other extenuating factors that can affect a DWI sentence; if there was a child under the age of fifteen in the car, then the offender will get jail time of 180 days to 2 years and a fine of up to $10,000. If the intoxicated driver had a BAC (Blood Alcohol Content) over 0.15%, then they will get a year in jail and fines of up to $4000.
How a Lawyer Can Help With a DWI Conviction
Even a first time DWI conviction can have severe penalties and they only get worse the more DWIs there are. Fortunately, a DWI case is not always cut and dried and an experienced attorney can get the charge reduced or dismissed. They can argue about the legality of the traffic stop and whether the officer was right to pull you over or not. They can also dispute the efficacy of whatever sobriety tests were used to determine if you were intoxicated.
Both breathalyzer tests and field sobriety tests are imperfect and subject to false positives. A blood test is the most accurate method of measuring someone’s BAC and even that isn’t perfect. That means a skilled attorney can dispute any evidence brought forth in your case and argue that it does not prove beyond a reasonable doubt that you were intoxicated when the officer pulled you over.
Contact an Attorney If You Were Charged With A DWI
The first DWI charge can have a profoundly negative effect on a person’s life and subsequent charges can be even worse. That is why anyone who has been charged with a subsequent DWI should contact an attorney as soon as possible. The stakes are much higher the second and third time around and if you do not want to be facing jail time, heavy fines, and a lengthy licence suspension, then you need to contact an attorney who can provide you with a robust defense. So if you were convicted of a DWI and it is not your first time, then you need to get in touch with an attorney as soon as you can.
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