Williamson County DWI Defense
Texas enforces the law on DWI (Driving while intoxicated) strictly and never endures driving by an under 21 ages with any noticeable amount of intoxicant on their breath. A driver may be stopped by the law enforcement officers due to their marred driving for taking alcohol. The normal and legal limitation range of alcohol in Texas is 0.08 of total blood alcohol concentrations (BAC). If you have been charged with a DWI it’s important to seek a Williamson County DWI Defense Attorney.
Alcohol can damage a human body and mental structure from the first drink. Specially, the women and younger people can tolerate a little bit of alcohol while on the other hand, an aged man can adapt a large amount of alcohol in their body. Actually, the ability to handle alcohol depends on Gender, body weight, the number of alcohol they take, the amount of food into their stomach.
As you drove roughly along the road side due to taking alcohol you might be stopped by a Texas law enforcement officer and asked to take sobriety tests. You might also ask to provide your blood sample as well as the breathe test to measure your alcohol limit. You may be charged if the test provides sufficient evidences of crossing the limit of Alcohol. So, it will be better for you if you refuse to take the alcohol test.
Whether you refuse to take the alcohol test you may be charged by them and your driving license may be suspended for 180 days. On the other hand, if you take the test and accused of crossing the limitation of alcohol you would be convicted and have to go into jail. The benefit of refusing a test that you will be able to drive continuously using occupational driver’s license against the intoxication charge.
Williamson County DWI Defense during a First DWI conviction
If you are proved for the first time of breaking DWI law you have not to spend additional time in jail but you have to receive community supervision (Management by overseeing the performance or operation of a person). You have to abstain from alcohol, report to a probation officer, perform community service, participate in an alcohol education course and pay a fine while receiving community supervision. The maximum punishment of breaking DWI law for the first time is to receive community probation for two years and suspension of driving license for up to 1 year. However, you can keep your license much time if you receive community supervision and participate in an alcohol education course regularly.
Punishment of breaking DWI law for the first time
- Have to pay a fine up to $2,000.
- Have to spend in jail from 3 days to 180 days.
- Suspension of driving license for 3 months to 1 year.
- If you are found with an open container of alcohol you have to stay in jail from 3 days to 6 days.
Williamson County DWI Defense During Second DWI conviction
If you break the law of DWI for the second time you have to stay in the county jail at least 1 month to 1 year and have to pay a fine up to $4, 00,000. As a greater crime than first DWI conviction you can receive community supervision after staying 3 days in jail. Your driving license may be suspended for 6 months to 2 years.
Punishment of breaking DWI law for the Second time:
- Have to pay a fine up to $4, 00,000.
- Have to stay in jail at 1 month to 12 months.
- Suspension of driving license for 6 months to 12 years.
Third and consequent DWI conviction
The third DWI conviction is regarded as a serious crime as the person breaks the DWI law before, within previous ten years. The man who is convicted of breaking the third DWI law has to spend in jail 2 years to 10 years. However, the convicted person can receive a community service to avoid the greater punishment. But, before that he had to stay at least 10 days in prison. The driving license of the convicted person will be suspended for up to 2 years.
Punishment of breaking DWI law for the Third and consequent time:
- Have to pay a fine up to $10,000.
- Have to spend in jail for 2 years to 10 years.
- Suspension of driving license for 6 months to 2 years.
The necessary steps to take after being accused of breaking DWI law?
The Texas DWI law is strictly abided by the Law Enforcement Department. They will take you to the police station or county jail if they find you at the stage of abnormal driving. You may be asked for taking a breath test, blood test or urine test on the way to the station. It will be better for you if you refuse to provide a sample. You can accept to take the test if you are not drunk or have confident after you that you will pass the test. Although you passed the test they will not let you going home as they have found you intoxicated driving stage and may be you have to go in jail for it.
Though you are confined in the jail but you are allowed to make a telephone call as you want. A pretrial Service will be eligible within 12 to 16 hours to make a bond with you according to the schedule used by the judge. You have to pay a fine from $1,000 to $2,500 to qualify for the unsecured bond and release. Though it is a lengthy process but if you qualified for the bond you will be released and monitored by the Pretrial services.
You can also contact an attorney or bail bond service to release you from the prison without waiting for a Pre-trial services or standing before a judge. But in some counties like Williamson, you are obliged to stand before a judge before the bonding out. Sometimes, it takes at least ten days for the first court setting as a result you have to stay in jail at least 10 days.
Details information about Driving License and ALR (Administrative License Revocation):
It is your opinion either you want to suspend your driving license or not. If you want to avoid the suspension of your driving license you must keep up to date within 15 days of your Suspension notice was served. You should appeal and request within 15 days of getting suspension notice. If you do so then you will be able to regain your driving license unless the Administrative Law Judge rulers go against you. You can also temporarily stop the suspension of your driving license if you appeal rapidly. The administrative License Revocation Process information can help you defending the suspension of driving license. However, you can get an occupational license if you appeal within the limited time.
First Court Setting:
As your committed crime, you have to present in the first court, though there is some opportunity for you to avoid the first court appearance. When you appear in the first court the judge may advise and ask you about the crime and the certain right that you have. You may hire a lawyer and seek for legal advice before appearing to the first court. Your lawyer may get a chance to view the State’s file and the police report’s that goes against you though some counties attorney will not allow that. If you hire a skilled lawyer, your lawyer will not allow you to apologize for your guilt. A skilled lawyer also helps you by minimizing the number of day’s that you have to appear in the court.
Pretrial Courts where you have to appear:
You may also have to appear in some pretrial courts which only depend on your case progress. The name of this court varies from county to county like “announcement”, Plea” and “pre-trial”. Such kind of court setting can give your lawyer a better opportunity to gather much information and discuss with the prosecutor or the judge. The prosecutor will give an opportunity to bargain about the case.
You should discuss with your lawyer time to time about the progress of your case and the evidence that your lawyer collected. You should also see the video personally of your arrest if the lawyer can collect it.
During this court appearance your lawyer should collect other information, documents, video tape, and police officer training records. He may also collect documents and affidavits related to the ALR, documents of the breath test and the result of take breath test if you took one.
Finally you have to take a decision whether you are going for further trial or going to accept a plea bargain offer. If you accept a plea bargain offer the case investigation will be closed. If you do not accept the plea bargain offer then you can continue your investigation process. The State will offer a better plea bargain offer during the processing time of investigation. Make sure that you will complete the investigation because, without a complete investigation you cannot get the better plea bargain offer.
Pretrial Motions and Hearings:
Due to your case progress, you may have to go in the pretrial court to submit the evidence before you judge. It is called Pretrial motion and during the pretrial motion you may need to be heard before the judge. Sometimes, these motions as well hearing that take places earlier in the final decision and sometimes these motions take places after the final decision has been made. Similarly, all the judgment process is heard by the judge before the trial or not heard by the judge until the accurate time of trial. The most common factor of pretrial motion is to submit the evidence against the case. You can not stop your trial procedure if you provide strong evidence against the police officer who is unable to provide the proper evidence of arresting you. Moreover, it will be unlawful if you stop the trial after that and may be your evidence will not be accepted at a trial. Your breath test result will not accept in your case if the test result goes against your case. So, it will be better if you avoid these matters at trial period for strategic reasons.
In Austin a misdemeanor case is set for trial and you should not go on the first trial. This means you cannot appear in the court without any preparation. But make sure that you visit the court more than one trip. A DWI trial lasts for 1 to five days which depending on your case progress. The trial selects a jury for at least six people in misdemeanor crime and twelve people in felony. The trial is conducted in several parts: selection of jury board, opening remarks, The State’s case in chief, the defense in chief and the closing of the arguments.
The best time to prove you as an innocent is the stage of defense-case-in-chief. You can open remarks and declare your innocence when you are accused before the jury. Make every short note that your lawyer need and do not try to distract your lawyer while he is submitting witness. Discuss everything with your lawyer during the intermission. Try to maintain all the instruction that the lawyer has instructed you as a result you may not miss anything that requires an objection.
Punishment and Sentencing:
At the phase of punishment trial the jury comes to a decision of guilt. The jury gives a chance both to make opening remarks and closing arguments then put it on their case-in-chief. All the arguments should be relevant to the punishment. Only the jury or the judge gives the punishment sentence. You must file an Election before trial if you want to evaluate the punishment.
If the State establishes a strong sentence and accused you as a convicted of breaking the law on DWI you have to receive punishment. The punishment includes 6 days to 1 year in the county jail and has to pay up to $4,000 as fine. You may appeal for community probation. Though you are eligible for community probation but you must have to spend at least 3 days in jails.
If you are accused as a convicted of breaking two prior DWI laws and one of them occurred within 10 years you may charge for committing a great crime. The minimum range of punishment is 2 to 10 years in the jail and has to pay up to $10,000 as fine. If you appeal for receiving probation and granted for it you have to stay minimum 10 days in jail as a condition of probation.
You can prevent the State from proving the convictions against charged. You can also avoid the punishment providing successful evident though you are convicted of breaking the DWI law. The evidence collected by the lawyer can help you to avoid greater punishment. If you have been charged with a DWI it is strongly recommended to immediately contact an attorney specializing in Williamson County DWI Defense