When you have been charged with driving while intoxicated in Texas, you may have many pressing questions, one of which is: If I am convicted, will I be sentenced to jail? Your aim is to avoid conviction, but what are your options if a conviction seems unavoidable? The good news is that many DWI convictions end in probation instead of jail time. Probation has its own limitations, such as travel restrictions and not being allowed to consume alcohol. However, many people prefer this to the alternative of spending months in jail. What is the likelihood that you would receive probation if you are convicted for your DWI charge? The answer depends on many factors:
- Is This Your First DWI?: Though Texas law does allow a jail sentence for a first-time DWI, the judge is more likely to be lenient if this is your first offense with no aggravating factors. The hope is that this was a one-time lapse in judgment and that the terms of your probation would mitigate the risk of you repeating the offense. A second or third DWI conviction suggests a pattern of behavior, and the judge is more likely to require you to spend some time in jail or prison.
- How Far Were You Over the Legal Limit?: A driver is considered legally intoxicated if their blood alcohol concentration exceeds 0.08 percent. However, being charged with DWI with a BAC of 0.15 or greater is a more serious offense, even if it is your first DWI. The maximum jail sentence increases from six months to one year, and the judge may view the higher level of intoxication as requiring stricter punishment.
- Was Anyone Hurt or Killed?: A DWI accident that results in an injury or fatality will be upgraded to a more serious charge. An injury would be intoxication assault, a third-degree felony that could result in two to 10 years in prison. A fatality would be intoxication manslaughter, a second-degree felony that could result in two to 20 years in prison. Each charge could be upgraded further if the person injured or killed was an on-duty first responder.
- Was a Child in Your Vehicle?: A DWI charge can also be upgraded if you had a passenger who was younger than 15. DWI with a child passenger is punishable by six months to two years in jail.
Contact a San Antonio DWI Defense Lawyer
How you present your defense in your DWI case will determine whether you are convicted and how severe the penalties will be if you are convicted. A San Antonio DWI defense attorney at the Law Offices of Sam H. Lock will work to get you the best possible outcome in your case. To schedule a free consultation, call 888-726-5625.