A first-time DWI (driving while intoxicated or impaired) is known as a “Class B misdemeanor.” A Class B misdemeanor means a defendant can get up to 180 days in jail.
However, if the defendant’s blood-alcohol concentration is over .15 “at the time of analysis,” then the DWI is a Class A misdemeanor. A Class A misdemeanor means a defendant can be sentenced to up to a year in jail.
In Harris County, Texas, there are several potential outcomes in a DWI case. Of course, due to problems of proof, the prosecution may dismiss the case. Or a defendant can be acquitted at trial. But short of those, the primarily possible outcomes are:
- DIVERT (or pre-trial diversion): If the defendant has a .15 or below BAC (blood alcohol content), he may qualify for the DIVERT program. This program lasts a year and is similar to the conditions of those defendants given probation. If the defendant successfully completes the program, the case is dismissed.
- Probation: A defendant can receive probation, typically for a year, with all the conditions that go along with it. Unlike the DIVERT program, probation is a final conviction. It can never be erased from a defendant’s record.
- Time served: A defendant gets credit for the time he or she served after their arrest and is not put on probation. This is a final conviction. The problem is that many judges, because they see “time served” as an easy way out for defendants, do not accept these pleas. They want defendants to be on probation rather than get time served. The other problem is that, unlike a defendant on probation, a defendant who gets time served loses his or her driver’s license and has to get an occupational license.
The reality is that if the defendant has a good video, he or she should seriously consider trying the case. Doing DIVERT or having a final conviction is very onerous on a defendant.
If you are charged with DWI, it is highly important that you hire a lawyer who has the specialized knowledge and skills to handle these cases. Here at the Neal Davis Law Firm, many of our DWI cases have been dismissed, and we have won cases at trial that others thought were not winnable.
Contact us for a consultation now to see how we can help you.
Related content:
DWI – Hard to Prove