What Are the Consequences of a DUI Conviction?

We all know that you’re not supposed to drink and drive, but other than the potential to cause an accident, what consequences might result from a conviction for driving under the influence? Find out from a DUI attorney in San Antonio some of what can happen as a result of a DUI conviction.

What Are the Consequences of a DUI Conviction?

Texas takes one of the toughest stances in the country when it comes to impaired driving. A conviction can lead to jail time, steep fines, license suspension, and a lasting criminal record. This can have a knock-on effect on your employment, housing, relationships, and many aspects of daily life. Though the consequences are numerous, we will be focusing on the criminal penalties that you may be subject to if convicted of a DUI in Texas.

The Legal Definition of DUI in Texas

Driving Under the Influence (DUI) is referred to in Texas, legally speaking, as Driving While Intoxicated (DWI). You are considered to be legally intoxicated if you have a blood alcohol concentration (BAC) of 0.08% or higher. However, you can also be charged with DWI even if your BAC is below the legal limit if your mental or physical faculties are impaired due to alcohol or drugs.

Criminal Penalties for DUI in Texas

Imprisonment

The legal consequences for DUI in Texas escalate with the number of offenses and aggravating factors.

Driving While Intoxicated

It is considered an offense if you are found driving while intoxicated in a public place. If this is a first offense and there are no other aggravating factors, this offense is treated as a Class B misdemeanor. The penalty for the misdemeanor in these circumstances is a term of confinement of no less than 72 hours.

Aggravating Factors

An Open Container of Alcohol

Having an open container of alcohol in your immediate vicinity when you are stopped is an offense in itself, even if you do not have any alcohol in your bloodstream. If you have an open container of alcohol and are also found to be intoxicated, the offense is still counted as a Class B misdemeanor, but the term of confinement is increased to a minimum of 6 days.

An Extreme Level of Intoxication

If your blood, breath, or urine is found to have an alcohol concentration level of 0.15 or more, your offense of DWI is a Class A misdemeanor. This offense is subject to a jail term of a minimum of 30 days and up to a year in county jail.

A Child Passenger

Texas takes child endangerment very seriously. If you are found to be intoxicated while driving with a passenger younger than 15 in the vehicle, this is a felony and is punishable by 180 days or longer in a state jail.

Second Offenses

If you have already been convicted of DWI, a second offense without aggravating factors is considered to be a Class A misdemeanor and is subject to a penalty of a minimum of 30 days imprisonment.

Third Offenses

A third offense of DWI is treated as a third-degree felony. It is punishable by a term of imprisonment ranging from 2 to 10 years in the Texas Department of Criminal Justice.

If You Cause Injury

Intoxication Assault

If you cause a serious bodily injury to any person as a result of your driving while intoxicated, this is a third-degree felony. A serious bodily injury is defined as one that causes a risk of death, serious permanent disfigurement, or loss or impairment of a part of the body. Intoxication assault is punishable by a term of imprisonment of a minimum of 2 years, but up to 20 years.

Aggravating Factors

Traumatic Brain Injury

Intoxication assault is elevated from a third-degree felony to a second-degree felony if the incident causes a traumatic injury that results in a persistent vegetative state. This means that the penalty is as severe as intoxication manslaughter, even though the person has not died.

Injury to Emergency Services Personnel

Causing serious bodily injury to a firefighter or emergency services personnel (such as an emergency medical technician or a paramedic) while they were working is a second-degree felony.

Injury to a Peace Officer or Judge

It is a felony of the first degree if you cause serious bodily injury to a peace officer or judge while they are in the course of their official duties. For this felony, you can be imprisoned for a term of 5 to 99 years, or life imprisonment in the Texas Department of Criminal Justice. This severe penalty reflects the serious attitude taken by Texas toward both intoxicated driving and injury to public servants in the discharge of their official duty.

Intoxication Manslaughter

If you cause the death of someone as a result of driving while intoxicated, this is a second-degree felony. It is punishable by a term of between 2 and 20 years in a state prison. Similarly to intoxication assault, the severity of this crime is elevated if you cause the death of a paramedic, firefighter, peace officer, or judge. In this case, it becomes a felony of the first degree.

Fines

In all cases involving driving while intoxicated, you will be subject to fines if convicted. These fines range depending on the severity of the charge. If convicted, you will also have to pay court costs and a court fine.

Interlock Device Installation

If you are convicted of a second DWI offense within five years of the first, you will be required to have an ignition interlock device installed in your vehicle. This device requires you to breathe into it every time you want to start your vehicle, and can detect whether you have consumed any alcohol. The vehicle will not start if any alcohol is detected. If the court mandates an interlock device, you will also be prohibited from operating any other vehicle that does not have such a device.

Consult a DUI Attorney in San Antonio

With criminal penalties like the above on the table, it is clear that whatever the specific charge relating to DWI, you need a good lawyer. A skilled advocate with experience in DWI defense can protect your rights during questioning by law enforcement and district attorneys, making sure that you do not accidentally incriminate yourself. If we cannot get the charges dropped or reduced, we will prepare a strong defense for when we represent you in court. In court, we will counter the prosecution’s arguments and present evidence to refute their claims.

While Texas takes DWI offenses very seriously, remember that you are innocent until proven guilty and deserve the best possible defense. At HCG Law, we take pride in being fearless advocates for justice, dedicated to the defense of each of our clients. To find out more and get us started on your case, make an appointment with us at HGC Law Firm PLLC in San Antonio, TX.