Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice nor do they create an attorney client relationship. For more information visit www.brianfoleylaw.com
If you have been charged with a DWI in Conroe, it’s essential to understand that the penalties for intoxication offenses in Texas increase with each subsequent offense. Texas Penal Code §49.09 outlines the state's enhancement provisions for various intoxication-related offenses, which include not just driving while intoxicated (DWI), but also flying while intoxicated (FWI), boating while intoxicated (BWI), and even assembling or operating an amusement ride while intoxicated (OWI).
The First Offense
For a first DWI offense, the charge is typically a Class B misdemeanor. You could face a minimum term of 72 hours in jail, though probation is often granted for first-time offenders. However, if you are found with an open container in the vehicle, this minimum jail time jumps to six days. Regardless of the specifics, penalties can be severe, and the involvement of an experienced Conroe DWI attorney can be crucial to minimizing consequences.
Penalties Increase for Repeat Offenders
If you’re facing a second DWI offense, the charge escalates to a Class A misdemeanor, which carries a mandatory minimum of 30 days in jail. This also applies to other intoxication-related offenses such as FWI, BWI, or OWI. Texas law is strict on repeat offenders, and although probation might still be available, the increased penalties reflect the seriousness with which the state treats intoxication crimes.
Once you have been convicted of two or more DWI offenses, any subsequent intoxication offense becomes a third-degree felony, punishable by up to 10 years in prison. This felony status applies even if your prior convictions were for related intoxication offenses, such as intoxication manslaughter or intoxication assault. An experienced attorney is essential in helping you navigate these complexities and fighting to achieve the best possible outcome.
No Time Limit on Prior Convictions
A critical aspect of Texas law is that prior convictions can be used to enhance penalties no matter how old they are. Unlike in the past, when only convictions within the last 10 years counted toward enhanced penalties, now even decades-old offenses can be used to increase the severity of charges. This means that any prior intoxication offense, whether in Texas or another state, can lead to harsher penalties for a current DWI charge.
How a Conroe DWI Attorney Can Help
Facing a DWI charge in Texas can be daunting, especially when prior convictions can significantly increase the severity of the penalties. Having an experienced Conroe DWI attorney by your side can make a substantial difference in how your case is handled. From investigating the legality of the traffic stop and ensuring all procedures were followed to challenging evidence or negotiating plea deals, an attorney can help you understand your rights and work toward the best possible resolution.
If you’ve been charged with a DWI, especially if it’s not your first offense, contact a Conroe DWI attorney who understands the nuances of Texas intoxication laws and can advocate on your behalf.
