Many people automatically group drunk driving offenses into two categories. They recognize that those accused of driving while intoxicated (DWI) offenses because they caused crashes have harmed others. They expect those people to face significant criminal consequences.
However, people may feel differently about DWI charges resulting from traffic stops. If the driver accused of impairment didn’t cause a crash or injure anyone else, people might view their actions as a victimless crime. They may therefore assume that the penalties the state might impose are lower.
Causing harm to others can be an aggravating factor in DWI cases. Still, collisions are not necessary for those accused of drunk driving to face serious penalties, including incarceration. People accused of drunk driving may need to learn about possible penalties before deciding how to respond to their charges.
Even first-time charges can lead to jail time
Texas has relatively strict criminal statutes. Many offenses, including misdemeanor DWI charges, carry mandatory jail sentences. Anyone who pleads guilty or gets convicted of a DWI offense is at risk of a number of different penalties, including incarceration.
Even a first DWI conviction carries a mandatory jail sentence. The convicted driver must serve a minimum of three days in state custody but could face up to 180 days. In some cases, they may have already served the minimum sentence after their initial arrest. Other times, they may need to serve their sentence after their trial.
A second conviction increases the minimum sentence to one month and the maximum sentence to a year in jail. People may face a variety of challenges from longer periods of incarceration, including the possibility of losing their jobs. Third offenses are felonies, which means the penalties are much harsher. Drivers could serve between two and 10 years in prison.
Although people often believe that pleading guilty can lead to lesser penalties, the courts typically have to impose at least the minimum sentence required by law. Especially if the defendant has a prior conviction, fighting the pending charges may be the only way to avoid incarceration.
Those accused of DWI offenses may have a variety of defense strategies that could help them. Fighting a DWI charge can help defendants avoid incarceration, expensive fines and a lifetime criminal record.