Deferred Adjudication in Houston, Texas

Edward Okwueze • May 25, 2023

If you live in Texas, Deferred Adjudication probation is a great opportunity to keep your conviction off your criminal record. With this plea, which is either “guilty” or “no contest”, the judge may choose not to enter a finding of guilt and instead place you on probation. Remember that only a judge has this power- juries cannot put you on Deferred Adjudication probation.



Deferred Adjudication can help you avoid jail time if you’re charged with a felony. With this, your probation sentence is typically 10 years. If you follow the terms and conditions of your probation successfully, then your charges will be dropped and there will be no record of the crime on your criminal history.


If you go against the terms of your probation while on Deferred Adjudication, the presiding Judge can punish you by giving a sentence that falls within the range of what is allowed for your criminal offense.

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If you or someone you know is facing felony charges, it’s natural to have questions about the court process and what to expect. Many people wonder how long it will take to get a court date for a felony, how long after being charged they will go to court, and how long it takes for a felony case to go to trial. Fortunately, with the help of an experienced attorney, you can navigate the criminal justice system successfully. In this blog post, we’ll explore these questions and discuss how an attorney can assist you throughout the process.  Firstly, let’s address the question of how long it takes to get a court date for a felony in Texas. The amount of time varies depending on several factors such as the severity of the offense and the jurisdiction where the crime was committed. Generally speaking, however, it can take anywhere from a few weeks up to several months to schedule a court date. During this time, your attorney will work on building your defense strategy and preparing for trial. Once you have been formally charged with a felony offense in Texas, you may be wondering how long it will take before you go to court. Again, there are several variables at play that determine timing. Typically though, arraignment takes place within 24-48 hours of arrest. After that initial appearance in front of a judge (to hear your rights read), there could be additional hearings scheduled before an actual trial occurs. Regarding when your case goes to trial - this is another factor that depends on various circumstances such as case complexity or severity along with many other factors such as witness availability (including expert witnesses) and judicial scheduling conflicts that occur regularly within our courts systems all over Texas . As such there is no one-size-fits-all answer here but generally speaking most cases do not see trial until months after charges are filed. Finally - how can an attorney help you throughout this process? A skilled criminal defense attorney can assist in a variety of ways including negotiating plea deals, representing you during court appearances, and presenting evidence that is beneficial to your case. If you are facing felony charges, it is important to work with an experienced attorney from the beginning in order to give yourself the best chance at a favorable outcome. While there is no set timeline for felony cases in Texas, understanding the court process and having an experienced attorney on your side can make all the difference. Whether you’re wondering how long it takes to get a court date for a felony or how an attorney can help you throughout the legal process, we hope this blog post has provided some answers. Remember - if you or someone you know is facing felony charges, don’t hesitate to seek legal counsel right away.
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By Edward Okwueze 25 May, 2023
What if one poor choice could deracinate your entire future? If you have been accused of assault, that may be the case. No one wants to do time behind bars if they can help it! But there are some plea options that may assist you. With the help of an attorney, options like those below could help you beat a simple assault charge. What Is a Plea Agreement and Its Purpose? A plea agreement is when you confess guilt to a crime in order to receive a lighter sentence. The court system often encourages people to take this deal. In this guide, we will explain how such an Agreement can help if you’re being charged with simple assault. The reason that lawyers encourage plea bargaining is that it saves both time and money for all parties involved. Although plea agreements are often thought of as being only beneficial to the court and state, they can also be advantageous for an individual accused of a crime like simple assault. Are There Benefits of Entering Into a Plea Agreement? While the advantages of plea bargaining fluctuate per case, it is almost always wiser to accept a plea bargain than gamble with jail time. To provide an instance, you might be given a shorter sentence. Plus, depending on your criminal history, you may evade jails entirely (as our notes explain below). A plea may even Drop related charges. You can avoid more prison time by pleading guilty to just one crime. When offered, a plea agreement should be taken into consideration before automatically deciding whether or not to go to trial. There are potential risks regardless of the route chosen. Disadvantages of Plea Agreements The primary downside to taking a plea agreement is that, by accepting the deal, you are pleading guilty to a crime. A plea is a great way to shorten your prison sentence, but it may come with long-term consequences like a criminal record. Only you can decide whether accepting guilt is better than going to trial. As always, we recommend consulting with an attorney before making any decisions about your case. What is the definition of “simple assault”?” It’s crucial that you comprehend what “simple assault” involves (and does not). As the name suggests, this is a lighter form of assault. There are only two cases in which you can be charged with this misdemeanor crime. There are two types of simple assault. The first is when you try to physically harm someone but fail. The second is when, through words or actions, you make someone think you’re going to commit an act of battery against them. In Texas, these types of assaults are felonies. But if you manage to hurt someone without intending to during this act, it’s only a Class A misdemeanor. “Simple” assault charges may not sound serious, but the state can give some harsh sentences for them. That’s why it’s key to know what kinds of plea deals you might be offered. Plea With No Jail Time Plea agreements that don’t involve any jail time are the best kind. This is also called a deferred sentence. Unless you break the law while on probation, you won’t go to prison. In some cases, this means you won’t have a conviction on your record at all. However, there are plea deals where you “serve” probation instead of time in prison but still end up with a conviction on your record. If you receive a plea with no jail time, it likely means that you had little to no criminal history or there were extenuating circumstances surrounding your assault (such as being attacked first). Plea With Some Jail Time If receiving a long jail sentence is your number one fear, then pleading guilty may be the best option for you. This way, you avoid risking the maximum possible sentencing if convicted in court. Pleading not guilty and going to trial becomes less likely to happen if (1) you have prior criminal history or (2) more serious crimes have been charged against you alongside other charges. Jail time is more likely if you are accused of domestic violence, particularly in Texas which has a zero-tolerance policy. Plea to Other Charges Being charged with other crimes in addition to simple assault can happen, and if it does, you may be able to plead guilty to some charges as a trade-off. When you do this, it’s an admission of guilt for one or more crimes; however, the state agrees to dismiss some of the other charges against you. A misdemeanor charge like simple assault is often the better option than a felony, especially if it means avoiding potential prison time. Entering Special Programs The final plea option to avoid prison comes with conditions, which are decided by a judge. For example, someone who commits assault while under the influence of alcohol or drugs may be offered a plea deal that includes staying off drugs or going to Alcoholics Anonymous. If you want the court or probation officer to show leniency, you must provide evidence that demonstrates your good character. If you don’t successfully finish any programs ordered by the court, it will be assumed that you committed the original crime and you’ll be sentenced as such. How to Beat a Simple Assault Charge: The Bottom Line At Edward Law, we know what it takes to beat the charges and get your life back on track. All you need to do is give us a call, and we’ll take care of the rest.
By Edward Okwueze 25 May, 2023
If this is your first time being arrested for DWI in Texas, it’s important to remember that an arrest doesn’t mean you’re automatically convicted. A prosecutor still needs to prove beyond a reasonable doubt that you actually broke the law. If law enforcement officers do not follow specific standards and requirements, the evidence collected during a DWI arrest could become invalid. A person who is convicted of a DWI may have to go to jail, pay fines, and lose his or her driver’s license. If you have been arrested for DWI in Harris County, it is crucial that you seek legal counsel as soon as possible. The Edward Law Group has a proven track record of successfully defending clients against DWI charges in the greater Harris County area.  What is considered DWI in Houston, Texas? “DWI” stands for “driving while intoxicated.” You will face a DWI in Texas first offense when you are caught driving with more alcohol in your blood than the legal limit. The legal alcohol limit in Texas, as it is in every other state, for your blood is 0.08 percent. After consuming only one or two drinks, 0.08 percent blood-alcohol content can be quickly reached–making it easier than you might think to get a DWI. Being pulled over for your first DWI in Houston, Texas One of the questions we hear most often about a first DWI in Texas is whether it’s considered a felony. In Texas, first-time DWI offenses are typically charged as Class B misdemeanors. If your blood alcohol content is below 0.15, you may get a suspended license for up to 365 days, a maximum fine of $2,000, and potentially a few days in jail depending on the situation. Keep in mind, though, that even a first DWI offense can result in several penalties if the prosecutor is overly eager, such as both criminal and administrative consequences. The average attorney may not have enough experience to deal with this level of complexity, which could cause negative permanent repercussions for their client. Criminal Penalties for a DWI in Texas First Offense Depending on the classification of the DWI offense, different maximum sentences may be imposed. These are as follows: Class B Misdemeanor— Up to 180 days in jail and/or a fine not exceeding $2,000; or Class A Misdemeanor — Up to one year imprisonment and/or acquire a fine up $4,000 A first DWI charge in Texas usually results in a 72-hour confinement, but if the offender has an open container of alcohol in their possession while operating a vehicle, the minimum term of confinement is six days under Texas Penal Code $ 49.04(c). Additional punishments for first-time DWI convictions in Texas may include a minimum 90-day driver’s license suspension, annual DPS Driver Responsibility Surcharges, and/or an ignition interlock device being installed in all automobiles owned or driven by the offender. Civil Consequences for a First-Time DWI Charge The penalties you could face if convicted of a DWI are significant and can have lasting impacts on your life. If found guilty, you may lose your driving privileges, even if the judge does not convict you of DWI. For example, if you refuse to take a blood or breathalyzer test at the scene of your arrest, this could result in a 180-day driver’s license suspension. If the results of your blood breathalyzer tests are .08% or higher, Your driver’s license can be suspended for up to 90 days. If you drive on Texas roads, you automatically consent to taking a drunk driving test if requested by law enforcement. If you refuse the test, your license could be suspended. DWI With a Passenger Under 15 If you are caught driving while intoxicated with a child in the car, not only will you be arrested, but your charges will also escalate to a felony. You could end up paying a $10,000 fine and serving time in jail for 180 days to two years. Intoxication Assault If you cause a car accident or injure someone while driving drunk, you will face third-degree felony charges. These charges come with a jail sentence of two to 10 years and/or a fine of $10,000. Intoxication Manslaughter If you cause someone’s death with your drunk driving, you will earn a state prison sentence of two to 20 years for intoxication manslaughter, which is a second-degree felony. You could also face a $10,000 fine. Administrative License Revocation (ALR) You will have fifteen days to request a hearing after you are charged with a DWI and receive notice of suspension. At the hearing, you can ask the agency not to revoke your driver’s license. If you do not request a hearing, your driver’s license will be automatically revoked forty days after receiving the notice. If you want your driver’s license privileges reinstated, you must pay a $125 reinstatement fee. You will also need to pay a DWI surcharge to the Texas Department of Transportation. If this is your first conviction for DWI, you’ll need to pay a $1,000 annual fee for three years in a row. Fighting & Expunging a DWI in Texas First Offense Often, people in Texas who are facing their first DWI charge feel overwhelmed and scared. If this is your first time encountering the legal system, you may not know where to turn for help. Our team is passionate about assisting you throughout the process and ensuring that you understand your rights as a citizen. If you need a DWI attorney in Houston with an excellent track record, look no further. We have hundreds of victories under our belt and are one of the most successful intoxication manslaughter lawyers in town. At Edward Law Group, we always fight tooth-and-nail for our clients. We’re also willing to explore new avenues such as the pretrial diversion for Harris County DWI cases. If you find yourself in need of a Houston DWI attorney, please don’t hesitate to reach out to us. We would be more than happy to help you through this difficult time.
By Karina Alvarez 25 May, 2023
In order to entrust your case with a lawyer, you should first ensure that he is legitimate and licensed.  If you want to find a lawyer that will increase your chances of winning your case, it is essential that you do ample research. This includes investigating how often they win, how they work, and if others have had favorable experiences working with this particular lawyer in the past. It’s important to do your research before hiring a lawyer. You can’t just take their word for it that they’re legit. Here are five ways to check if a lawyer is licensed in the state you’re looking for: 1. Make Sure They’ve Passed the Bar Check to see if your lawyer is licensed in the state you need them to practice law. This might seem like an obvious point, but it is important nonetheless. A legal assistant or someone who is studying for the Bar exam has the potential to be a great lawyer – just not right now. The lawyer you need today must have a license from each state in which they want to practice law. For example, an excellent lawyer in Oklahoma couldn’t try your case in Texas unless the lawyer also had a license from Texas. You can quickly and easily check if a lawyer in Texas has a current license with the Texas State Bar Association by using this website. Simply type in the name of the lawyer and their law firm, and you will be able to see if they are licensed. Search results also include: The name of the lawyer The size of the company Their forte The lawyer’s alma mater and when they completed their degree To be a licensed lawyer in Texas, you must have a bar certificate of good standing. This “good standing” is essential for the next step in becoming a lawyer. 2. Check for Grievances Even if a lawyer is licensed, that does not mean they are automatically good. Check to see if there have been any complaints against them. The State Bar of Texas website also reports any complaints filed against a lawyer. People can file a complaint if they feel that the lawyer has behaved unethically. When a lawyer receives a misconduct grievance: The State Bar investigates complaints. If the grievance has no grounds, the Bar will not take any further disciplinary action against the lawyer and will instead dismiss the grievance. If the Bar adjudicates the grievance and finds it to be valid, then the lawyer can face disciplinary action. If you see that your lawyer has been disciplined, it’s important to research why. There are different types of discipline, ranging from a formal warning to being removed from the practice altogether. The Bar can choose to suspend or disbar a lawyer in more serious cases of misconduct. It’s worth taking into account that information when hiring a lawyer, although keep in mind that not every grievance or disciplinary action implies that the lawyer is bad. Lawyers who are in good standing usually adhere to the code of ethics and conduct themselves professionally. 3. Google For Information Using the following tips, you can learn how to pick a qualified and reputable lawyer. Start by finding someone who is licensed and in good standing with their Bar association. Then, run a Google search for their name and see what information pops up about cases they’ve worked on as well as reviews from former or current clients. Finally, take a look at the law firm’s website and read through any client reviews that are available. If your lawyer’s name appears in news stories, take note. Watch videos of public statements and follow links to learn more about cases and how they were handled. This will give you a good idea of what to expect from your lawyer. 4. Confirm The Info First, check to see if the information you found about the lawyer on the Texas State Bar website matches what you found through a Google search. If it does, check to see if all of the information on both websites match. Finally, ask around to see if anyone you know has heard of this lawyer before making a final decision. Use different sources to confirm the information you have before hiring a lawyer. When searching for your lawyer online, be sure to check for different spellings of their name. Consult with the lawyer if any discrepancies arise, and be sure to use different variations of the lawyer’s name when you search for their license through the State Bar. Prior to going to law school, make sure that the information you have regarding the institution and its licensing is accurate. Make sure to double-check any awards or accolades an attorney claims on their website. If it seems fake, there’s a chance it actually is. Although it may not seem like a big deal, inconsistencies in how a lawyer spells their name or different client testimonies can be red flags. Make sure to do your research on the lawyer you’re thinking of working with to confirm they are who they say they are. 5. Ask Around Sometimes the best way to choose a lawyer is by recommendations since they have already been vetted. Furthermore, check if they have a license and rate of winning cases. Considering reviews from friends, family, and others close to you can give a more holistic understanding of what it would be like to work with a specific lawyer. Although some lawyers may have an excellent online presence or look good on paper, this does not mean they will be the right fit for you. If they are difficult to work with or already have too many cases, it might be best to choose someone else. Edward Law Group is a firm for Criminal Defense & Personal Injury: Before you hire any lawyer, do your research to ensure they are qualified. If you live in the Houston area and need a Texas-licensed lawyer for criminal defense or personal injury, Edward Law Group is the answer. Contact us today for a completely free and confidential consultation about your case!
By Edward Okwueze 25 May, 2023
Over the years, states have taken a harder stance against prostitution. Texas is no different. According to the Texas DPS Crime Records Report and Statistical Information, there were almost 20,000 people convicted of solicitation or prostitution offenses from 2016-2020. In September 2021, Texas legislators passed stricter laws against prostitution in an effort to crack down on the rise of trafficking cases. With this new legislation, Texas became the first state in the country to make soliciting a prostitute a felony offense.  The law has changed and the punishment for those caught ‘purchasing’ sex services is now much harsher. If you are facing solicitation charges, it is more important than ever to find a qualified and experienced lawyer who can help you build a solid defense. Call us today to speak with one of our knowledgeable defense attorneys about your case. Possible ways to beat a Texas solicitation charge You can prove police entrapment. You can prove you agreed to engage in the conduct against your will. You can prove that you didn’t know the other person was a prostitute. You can prove the evidence against you is insufficient or untrustworthy. You can prove that you did not agree to exchange money in exchange for the act. You can prove that it was legally impossible for you to have engaged in the act of solicitation. What is Solicitation in Texas? If a person offers or agrees to engage in sexual acts for money, they are considered to be prostituting or soliciting as defined by the Texas Penal Code, whether or not they actually receive or pay any money. Prostitution: If somebody offers or agrees to receive payment for sexual favors, they have committed a crime. Solicitation of prostitution: If somebody offers or agrees to pay another person in order to have sexual intercourse with them, they are committing an offense. Promotion of prostitution: Pimping, or pandering, is a crime. It is an offense to knowingly: (1) receive money or property from the proceeds of an act of prostitution; or (2) solicit someone to engage in sexual conduct with another person in exchange for compensation. Online promotion of prostitution: If an individual owns, manages, or operates an interactive computer service or information content provider intending to help another person prostitute themselves or solicit prostitution from others, they have committed an offense. Aggravated promotion of prostitution: If somebody is aware that they are owning, investing in, financing, controlling, supervising, or managing a prostitution enterprise with two or more prostitutes working for it, then they have committed an offense. Aggravated online promotion of prostitution: If a person owns, manages, or operates an interactive computer service provider or information content provider with the intent to promote prostitution for five or more persons, they have committed an offense. The same is true if they operate as an information content provider and facilitate five or more solicitations of prostitution. Compelling prostitution: If a person knowingly causes another to commit prostitution by force or threat, they have committed an offense. If a person by any means causes a child under 18 years old to commit prostitution – even if the actor didn’t know the age of the said child – they have also committed an offense. What is the new solicitation law in Texas? If convicted of solicitation in Texas, you are now looking at a state jail felony charge. This means that you could serve up to two years in prison and have to pay a fine no larger than $10,000. If this is your second offense, the penalties become much more severe- serving time ranged between two to ten years and/or receiving another fine not exceeding $10,000.If you’ve been charged with solicitation in Texas, these newer, harsher penalties mean you need an exceptional criminal defense firm on your side. At Edward Law Group, our criminal defense lawyers have years of experience handling cases like yours. You cannot risk prison time and your future – call us today to see how we can help! How can an experienced solicitation lawyer help? The new penalties for solicitation in Texas are rather severe, but an attorney experienced with solicitation charges can help you. There are legal defenses that can be utilized to defend you if the case goes to court, but only a criminal defense firm that has handled many of these cases will understand the subtleties involved. It’s important to remember that the prosecutor does not need to prove much beyond intent in most solicitation cases and entrapment claims are very difficult to win. The criminal defense attorney you choose to stand by your side throughout your case is crucial. To ensure the success of your case, it’s only advisable that you discuss details with your defense lawyer. So call us today for a consultation. Texas Penal Code Title 9, Sec. 43.021. SOLICITATION OF PROSTITUTION Sec. 43.021. SOLICITATION OF PROSTITUTION. If you knowingly offer or agree to pay someone a fee in order to engage in sexual conduct with them, you have committed an offense. (b) If an individual commits an offense under Subsection (a), they will receive a state jail felony, unless: (1) the actor has been previously convicted of an offense under Section 43.02(b), as that law existed before September 1, 2021; in which case it would only be a third-degree felony. (2) However, if the person with whom the actor agrees to engage in sexual conduct is: (A) younger than 18 years of age, even if the actor is unaware of the person’s age at the time of offense. (B) falsely led the actor to believe that they were younger than 18 years of age; or (C) the actor believed them to be younger than 18 years of age. If convicted, the court may choose to enhance the sentence under this section or Subchapter D, Chapter 12A defendant is considered to have been previously convicted of an offense under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty, regardless of whether the sentence for the offense was ever imposed. This act was added in 2021 by the 87th Legislature and will take effect on September 1st of that year. It has been amended by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B 1540), Secs 28-30, all with an effective date of September 1st, 2021.
By Edward Okwueze 25 May, 2023
Facing an aggravated kidnapping charge does not always mean you will be convicted. In order for a conviction, the prosecution needs to prove without a reasonable doubt beyond every element of the aggravated kidnapping offense, which can be difficult to do. If the judge or jury has any doubts, it could result in a reduction or dismissal of the charges against you. So if you’re being investigated, it’s imperative that you contact an experienced family crimes lawyer immediately to falsehoods.  At Edward Law Group, we understand how complex these types of cases can be and our criminal defense attorneys will provide you with compassionate counsel during this difficult time. According to Section 20.01 of the Texas Penal Code, “aggravated kidnapping” generally involves either of the following elements: Abduction – This term is defined as holding an individual with the intent to prevent them from being released by using or threatening to use deadly force against them, or hiding or holding the individual in a place where they are unlikely to be found. Restraint – This term is defined as restricting an individual’s movements without their consent, by confining them so the restraints substantially interfere with their ability to be freed, or by restricting their freedom by moving them from one place to another. An individual is restrained without consent if: The victim is either tricked, forced, or threatened into submission; The victim agrees to the movement or confinement under false pretenses They are unable to consent because they are children under 14 years old, and their parent, guardian, or caretaker did not agree to the relocation; or The victim must be aged 14-16, moved outside of their home state, and not within 120 miles of their home without parental consent. What happens if you are falsely accused of aggravated kidnapping in Texas? False accusations of aggravated kidnapping in Texas can result in serious penalties and consequences, including any of the following: jail time, a fine, and a criminal record. Some of the common consequences for convicted criminals include: A criminal record a prohibition from owning a firearm fines issues being admitted into schools or universities a prohibition from voting or holding public office Eligibility to apply for certain jobs, occupations, or professions, and/or Long prison sentences. In Texas, an individual can be charged with aggravated kidnapping if they intentionally or knowingly abduct another person in order to: charge someone with the ransom, Flee after the attempt of commissioning a felony, Interfere with governmental or political functions, Terrorize an individual or third person, using them as hostage or shield, and lastly Violate, sexually abuse-or inflict bodily injury on the individual. Furthermore, if somebody intentionally or knowingly abducts another person while utilizing a deadly weapon, they can be charged with aggravated kidnapping. For this to occur, the individual’s actions must have been intentional. According to the Texas Penal Code, these mental states are defined as such: Knowingly – An individual can act knowingly if they are aware that their conduct is reasonably certain to cause the desired result. Intentionally – An individual is only acting intentionally if they desire to commit the act, or if it is their conscious objective to engage in the act itself or produce a specific result. The criminal penalties for aggravated kidnapping in Texas are defined as follows: The sentence for aggravated kidnapping convicted as a felony of the first degree can result in imprisonment from five to 99 years or life imprisonment, and/or a fine up to $10,000. If the kidnapper voluntarily releases the victim safely, then the conviction is classified as a felony of the second degree. The sentence includes two to 20 years imprisonment and/or a fine up to $10,000. Several factors will affect the punishment if someone is found guilty, such as: The age of the victim. For example, was the alleged victim a child or an elderly person? Whether the accused has previous felony convictions. If they are considered a habitual offender. Overcome the Allegations Against You With an Experienced Criminal Defense Attorney If you have been accused of an aggravated kidnapping offense in Texas, contact Edward Law Group today for a free consultation. We have experienced Criminal Defense Attorneys who will make every effort to fight the false accusations against you. Call now for a free case review on the details surrounding your charges.
By Edward Okwueze 25 May, 2023
People often inquire about whether a criminal conviction disappears from their record after seven years. Unfortunately, the answer is no. To clarify, your criminal history record is a list of your arrests and convictions. When you apply for employment, an employer will more than likely hire a consumer reporting agency to investigate your background thoroughly. The report the agency provides, however, is not really your official criminal history; it’s merely what they discovered based on public records. The Seven Year Rule The seven year rule pertains to consumer reporting agencies under federal law- in essence, these agencies cannot report an arrest that took place over seven years ago. Although they may report a conviction no matter how old it is. So if you are arrested but the charges eventually get dismissed, the agency isn’t supposed to include this information in your report if the arrest occurred more than seven years ago. However, if the arrest leads to a conviction, then the agency can report the information forever. The seven year rule inhibits agencies from reporting arrests to potential employers unless the salary for the position is over $75,000. With this said, anyone with an arrest in their past has little chance of being hired if their desired occupation pays less than these means. It is essential to remember that a consumer reporting agency cannot report non-public information. If your arrest is expunged by a court or if you have a Deferred Adjudication, the agency can no longer report the arrest regardless of when it took place.
By Edward Okwueze 25 May, 2023
f you’ve been drinking, it’s never a good idea to get behind the wheel. In 2017, 1,468 people were killed in crashes involving a drunk driver in Texas. Everybody has a different alcohol tolerance, and factors like how much you’ve eaten can affect how it hits you. Once your blood alcohol level reaches a certain point, you’re considered too impaired to drive or operate machinery. This can be determined by several elements – some of which might surprise you. Keep reading to find out the legal alcohol limit and other conditions that can lead to a DWI arrest. Know the Laws If you have a blood alcohol concentration (BAC) of .08% or higher, Texas state law prohibits you from driving. Factors like your height, gender, and weight can affect how quickly your BAC rises after drinking. The number of drinks you have and their strength also play a role. Intoxication doesn’t only refer to alcohol; you can be impaired by other drugs regardless of your blood-alcohol content. If you’re a passenger, you can also be fined up to $500 if there’s an open container in the vehicle. Before driving in Texas, there are a few things to keep in mind. “Operating” refers to any type of functioning while using a vehicle here. You could be charged with driving while intoxicated (DWI) even if you’re not actually driving. If you are under the legal drinking age of 21, you will be automatically prosecuted if any alcohol is detected in your system while driving. This policy has a zero-tolerance attitude towards anyone breaking this rule, regardless of their Blood Alcohol Content. Legal Alcohol Limit Isn’t the Only Factor You can still be charged with driving while intoxicated (DWI) in Texas even if your blood alcohol concentration (BAC) is below .08%. This is because the level of intoxication is at the discretion of the police officer. For example, you may test below the legal limit, but show other signs of intoxication due to drugs, alcohol, or any other substance. According to Texas state law, this would be enough for you to be charged with a DWI. In most cases, a DWI arrest is based on your blood alcohol content (BAC), as opposed to other impairment factors. If you choose to drive while impaired, you not only endanger your life but also the lives of others on the road. Further penalties are in place if you have children under the age of 15 as passengers. Child endangerment charges can result in a fine of $10,000 and up to two years imprisonment. In addition, your driver’s license could be suspended for up to 180 days. What if You Refuse a Breath Test? If you are pulled over by the police, they may ask you to take a breathalyzer or blood test in order to determine your BAC. If you are detained on suspicion of driving while intoxicated in Texas, the law stipulates that you must agree to a breath or blood test. If you refuse, there will be consequences. If this is your first DUI offense, you can anticipate that your license will be suspended for 180 days. If it is not your first offense but rather your second or third, then your license could possibly be suspended for up to two years. The number of offenses multiplies based on whether you have previous convictions, refused blood alcohol tests, and failed BAC test results. Any offenses within the past ten years would count as an offense. However, it’s always a good idea to avoid driving no matter what your blood alcohol content (BAC) is. One offense can stay on your record for an extended period. Conviction of a DWI in Texas results in varied penalties that are contingent on other past convictions and the unique circumstances of your case. What Are the Penalties? For your first offense, you could end up spending anywhere from 72 hours to 6 months in jail. If your blood alcohol content (BAC) is .15% or higher, that number jumps to 12 months! Not to mention, you’ll probably be facing some hefty fines as well. The fines for a first offense are up to $2,000. If your BAC is .15% or more, you can expect up to $4,000 in fines. But the penalties become worse with each subsequent offense. For a second offense, you could face between 30 days or up to one year in prison. If this is your third offense then it is between two and ten years in prison. Fines also increase substantially for each additional offense, maxing out at $10,000 for a third offense Not only will you have your license suspended, but this can also affect many other aspects of your life such as getting to and from work. If this is your first offense, you could lose your license for a duration of anywhere between 90 days to 12 months. However, if this is your second or third offense, the length of time you could lose your license increases significantly to up to two years. What Is an IID? Lastly, you might be required to have an Ignition Interlock Device (IID) placed in your car. This device is a breath tester that is connected to your car’s ignition system and prevents individuals with alcohol in their system from starting the vehicle. If your breath test comes back alcohol-free, then you will be able to start your car as normal. An IID may be required in your car after your first offense if you obtain a restricted license. With this type of license, driving is allowed but only to certain places. For example, if not having a license would make it hard to get to work or school, you might be able to drive with strict rules. If it is your second or third offense, you could be required to have an IID in your car for as long as two years. The specific requirements for having an IID will depend on your case. The installation of an IID can cost you between $50-$150 and the constant maintenance plus lease is within that range as well. To get it removed again will cost another $50 to $150. Are You Facing Charges? If you’re caught driving with a blood alcohol level above the legal limit in Texas, you could be charged with a serious, life-changing crime. No one wants to make a mistake like driving under the influence of drugs or alcohol, but if you already find yourself in this situation then you need professionals to help guide you through the process. Give Edward Law Group a call today to speak with one of our expert DWI attorneys!
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