It is important for people to know that alcohol cases are different than drug-related DWI cases. In alcohol cases, law enforcement can measure a person’s blood alcohol content level with blood and breath tests to make a determination as to whether the individual is under the influence of alcohol or not. With drug DWI situations, this is a little more difficult. There are scientific tests that show that people even with certain levels of marijuana in their blood and are not intoxicated. There is a lot of complicated science concerning the levels of marijuana and the metabolites of marijuana that DWI attorneys are aware of and able to use to show that people are not intoxicated by marijuana or another drug. Due to this, skilled defense lawyers have won many cases.
There are many different types of aggravating factors in DWI cases. If a child under 15 is in the car, then that makes a DWI case a felony. When someone was injured as a result of a DWI, then a person may be charged with the felony or offense of intoxication assault. If someone dies, then the person can be charged with intoxication manslaughter. A person who has a prior DWI could have their charge raised from a Class B misdemeanor to a Class A misdemeanor, which is punishable by up to one year in jail. If the person has two prior DWIs, then that makes the DWI a felony for which they can get up to 10 years in prison. Another aggravated factors in a DWI case is the number of drugs on the individual when they have been pulled over. This is also another example of how alcohol cases are different than drug-related DWI cases.
In Texas, a first-time DWI charge is punishable by three days up to 180 days in jail and up a $2,000 fine. Usually probation is the worst-case result in a first-time DWI. The second-time DWI is punishable by 30 days up to a year in jail and up to a $4,000 fine. Sometimes, a certain amount of jail, such as 72 hours in jail, may be mandated as a condition of probation and the second-time DWI. When someone has been charged with their third DWI, they are facing a third-degree felony, which is punishable by two years to up to 10 years in prison and a fine of up to $10,000.
To learn more about the penalties and how alcohol cases are different than drug-related DWI cases, contact an accomplished attorney.