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:

1. 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.
2. 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.
3. 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.
4. 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.

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Many Texas residents have gone through the required steps in order to receive a license to carry (LTC) a firearm. The process involves submitting an application, taking state-approved training courses, and showing that their record is clear of any recent criminal charges. With an LTC, residents are allowed to carry an open or concealed weapon in most public places. However, legal gun possession can become a crime if you are being charged with committing another criminal offense at the same time, such as driving while intoxicated.

Unlawful Carrying of Weapon

Let us say that you have an LTC and are driving with your weapon either on your person or somewhere in the vehicle. A police officer stops you and, after observing your behavior, decides to arrest you on suspicion of DWI. The officer finds your weapon while searching your body or vehicle. Under Texas law, you may now receive an additional charge of unlawful carrying of a weapon, which is a Class A misdemeanor. How can you be unlawfully carrying your weapon when you have a valid LTC? Texas law states that it is unlawful to carry a weapon while committing a criminal offense, such as a robbery, assault, or, in this case, driving while intoxicated. The same weapon charge may apply if you are caught driving with an open container of alcohol in your vehicle.

What Is Your Defense?

One issue to consider if you have been charged with unlawful carrying of a weapon during a DWI arrest is whether the police officer was conducting an illegal search when they discovered the weapon. Just because the officer suspects you of DWI does not give them the right to conduct a search without a warrant.

As the summer and political heat reaches its peak, perhaps evoking a history challenge may be a cooler diversion. If asked, what are the two most popular amendments of the United States Constitutional Bill of Rights, a gambling man (or woman) may answer, the First and Second Amendments. Of course, there are a number of others that are just as important to protecting the rights of Americans, especially those who have been accused of a crime.

Basic Civil Rights

As our forefathers provided futuristic insight as to the importance of each amendment, the First Amendment protects our fundamental rights of conscience allowing for the right of expression without public or governmental interference. While not unlimited, these rights represent the bedrock of American liberty.

Texas, with its vast landscape measuring 268,581 square miles, has often been associated with maxim that “everything is bigger in Texas.” The Lone Star State, however, is also known for its commitment to law enforcement and has been ranked as one of the top five states for traffic violations, tickets issued, and revenue collected.

With over 13,498,071 registered drivers, it is estimated that the Texas Highway Patrol collects  $200,000 per year, per officer due to ticketing for both major and minor traffic violations. The most common type of minor and major traffic violations and ticket prices include:

Minor Traffic Violation Fines

The average American now spends more than 490 minutes or eight hours per day on the internet. It is projected that by 2017, personal internet usage will climb upwards to 506 minutes, increasing the current usage rate. As usage expands so does the risk for identity theft.

At the onset of popularity of the internet during the early to mid 2000s, Americans, as well as those having global access to the world wide web, have been progressively utilizing the internet to conduct countless business and leisure activities, including:

• Communicating via email;
• Networking via Social Media;
• Navigating general and personal interest searches;
• Gathering national and international news reports;
• Streaming music and videos;
• Gaming;
• Shopping;
• Personal banking; and
• Conducting employment searches.

According to USA Today, experts have defined identity theft as the successful obtainment of an unsuspecting consumer’s bank account or other personal information with the intent to commit fraudulent transactions. Identity theft is projected to surpass traditional methods of theft to top the list of the leading form of property crime. As security analysts advise, consumers should prepare to become a victim of identity theft at some point in time.