Recent blog posts

Multiple DWI Convictions Can Add Up to Longer Prison SentencesA Texas man was recently sentenced to 65 years in prison after his ninth conviction for driving while intoxicated. The defendant was charged following a single-car accident, during which he allegedly had a 0.263 blood alcohol concentration. While this may seem like severe punishment for an incident in which no one was harmed, it is not unusual in Texas. Courts have issued life sentences to offenders who had a history of repeated DWI convictions. Judges usually rationalize the harsh sentences by describing the defendant as a habitual offender who has shown that they will not change their behavior and will continue to be a danger to others. Being convicted for multiple DWI offenses not only enables courts to issue more severe punishments but may also motivate a judge to utilize the full extent of those punishments.

Consequences of Multiple Convictions

One way that a DWI conviction can be a felony in Texas is if it is your third DWI conviction. According to Texas law:

  • A third or subsequent DWI conviction is a third-degree felony, punishable by two to 10 years in prison.
  • If you have previously served prison time for a DWI conviction, a third or subsequent DWI conviction is a second-degree felony, punishable by 2 to 20 years in prison.
  • If you have been incarcerated twice for DWI convictions, a subsequent DWI conviction can result in 25 years to life in prison.

Even with a two-year-minimum prison sentence, it is possible to serve most of that time as probation. However, a court is less likely to allow probation if you have received a fourth DWI conviction or have other aggravating factors.

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How to Dress and Behave at Your DWI TrialYour trial for driving while intoxicated is in some ways a judgment of your character. The court will consider who seems more credible when weighing your testimony against the testimony of the arresting police officer and other witnesses. Do you seem like an honest and trustworthy person? How you look and behave will help answer that question. Proper appearance and behavior will not guarantee that you will win your DWI case, but giving a bad impression could create a negative bias that is difficult for you to overcome. Here are four keys to making a good impression in your DWI trial:

  1. Proper Appearance: You are expected to dress conservatively and look as clean-cut as possible when appearing in court. For men, you should wear a business suit or at least a button-down shirt with a tie and dress pants. For women, a skirt or slacks will work, as long as they look professional and are not revealing. You should remove excessive piercings, keep your hair-style tame, and cover up your tattoos if possible.
  2. Arrive Early: Being late for your court appearance tells the judge that you do not respect their time or take your charge seriously. To avoid showing up late, you should plan to arrive early. This will give you some leeway in case of unexpected delays, such as bad traffic or waiting through a long security line at the courthouse.
  3. Remain Calm: You will spend most of your trial listening to other people talk about you and your arrest. You need to be quiet and attentive during this time because others in the courtroom will be watching your behavior. Sit up straight and remain still. Fidgeting makes you look nervous, which plays into the idea that you are guilty. Do not make facial expressions or gestures that show that you are angry, frustrated or bored.
  4. Speak Respectfully: When it is your turn to talk, you need to speak in a manner that is formal and respectful. Answer the questions asked of you and stay on topic. Try to use proper grammar and avoid slang terms. Do not interrupt someone else who is talking. You can learn about the way you are expected to talk by watching your defense attorney and others who normally work in a courtroom.

Contact a San Antonio DWI Defense Lawyer

Making a good first impression will help convince the judge and jurors that they should believe your testimony and make you seem like a responsible person. A San Antonio DWI defense attorney at the Law Offices of Sam H. Lock will coach you on how to appear and behave in a courtroom. Schedule a free consultation by calling 888-726-5625.

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Will You Lose Your Job Because of Your DWI?There are many ways that being convicted of or even just charged with driving while intoxicated can affect your life. One of the most pressing questions that people ask is “Will I lose my job?” That is an issue that your employer, and not a criminal court, will decide. Most employers in Texas hire workers “at will,” meaning that your employer can terminate your employment at any time and without needing to give a cause – as long as the decision is not based on discriminating against protected traits such as race or gender. For many employers, a DWI conviction or arrest may be enough of a reason to fire an employee.

Incarceration

Your job will likely be in peril if you are sentenced to jail or prison as part of your DWI conviction. The punishment for a first-time DWI conviction can include three to 180 days in prison and may include more time if there are aggravating factors such as a blood alcohol concentration of 0.15 or over. Your employer does not have to preserve your job while you are incarcerated. Even if your employment contract protects your job, it may have a clause that voids the contract if you are convicted of a crime.

Driving Privileges

A DWI can affect your driving privileges from the moment you are arrested:

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Do Ignition Interlock Devices Cause Distracted Driving Accidents?People across the U.S. who have been convicted of driving while intoxicated are using breath alcohol ignition interlock devices (BAIID) in order to retain their driving privileges. A BAIID is a Breathalyzer connected to a vehicle that requires the user to provide a breath sample to prove that they have not been drinking. In Texas, first-time DWI offenders can opt to use a BAIID to continue driving during their driver’s license suspension. BAIID installation is mandatory for people who have been convicted of DWI for a second time or had a blood alcohol concentration of 0.15 percent or greater. While proponents of BAIIDs say that the device has saved numerous lives by stopping people from driving drunk, a smaller group of skeptics point out that the requirement to continue providing breath samples while driving has caused fatal crashes.

Distracted Driving

Once the BAIID user has started their vehicle, they must continue to prove that they are not drinking by providing breath samples every five to 15 minutes, which are commonly called rolling retests. A recent investigation by The New York Times found dozens of crashes across the country that were caused by drivers who were distracted by having to take a rolling retest. There are several distractions related to the retests:

  • The BAIID will beep when it is time for a retest, which will immediately grab the driver’s attention.
  • The driver may have only five minutes to provide a sample, creating a sense of panic.
  • Providing a breath sample requires the driver to find the device, hold it in their hand and blow air into it, all of which can be distracting.
  • Failing the test or not providing a sample in time will cause the vehicle’s horn to go off and lights to start flashing, which is distracting to the driver and other nearby drivers.

BAIID advocates argue that the driver has ample time to pull over before taking a rolling retest, but this may be unrealistic if the driver is on a road that does not have a safe place to stop. Also, the sensors in BAIIDs have been known to falsely identify alcohol in the user’s breath, creating an unnecessary distraction.

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What Does ‘No Refusal’ Mean with Texas DWI LawLaw enforcement departments across Texas are currently going through their longest “no refusal” period of the year for people suspected of driving while intoxicated. “No refusal” initiatives usually take place during holiday weekends, but many departments consider Thanksgiving to New Year’s Day to be one long “no refusal” period. Law enforcement promotes “no refusal” as a time when drivers suspected of DWI will not be allowed to refuse a sobriety test. It is somewhat misleading to say that departments designate “no refusal” periods, and explaining why can help you better understand your rights during a DWI stop:

  1. You Can Refuse But With Legal Consequences: Firstly, “no refusal” refers to only blood and breath tests used to measure your blood alcohol concentration and not field tests of your balance or gaze. Secondly, you can refuse a sobriety test without consequence if you are not under arrest. Finally, you can still refuse a sobriety test after your arrest, though your driver’s license will be suspended and the officer will likely request a warrant to obtain your blood sample. Resisting a blood test after a warrant could lead to additional criminal charges.
  2. The Law Does Not Change During “No Refusal” Initiatives: Texas law enforcement always has the authority to require DWI suspects to comply with breath or blood testing because of the state's implied consent law. The difference during a “no refusal” period is that the police officers put greater emphasis on catching drunk drivers and have more resources at their disposal to ensure that they can obtain a test sample in a timely manner. Judges are on call to review affidavits for warrants during the late-night hours when DWI arrests usually occur. Nurses are available at the station to draw blood samples.
  3. “No Refusal” Is About Awareness and Prevention: Why do law enforcement departments publicize “no refusal” initiatives when the same DWI laws are always in effect? They are trying to deter people from driving drunk or under the influence of drugs during times of the year when DWI arrests are most prevalent. Many people celebrate holidays by drinking alcohol at parties, followed by driving themselves home. The goal is to change people’s decisions to drive drunk by reminding them of the risk of being arrested.

Contact a San Antonio DWI Defense Attorney

Being charged with DWI can put a damper on your holidays, but do not assume that it means you will be convicted. A San Antonio DWI defense lawyer at the Law Offices of Sam H. Lock will work to beat your charge or get it dismissed. To schedule a free consultation, call 888-726-5625.

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Bexar County

In the historic King William District

1011 S. Alamo,
San Antonio, Texas 78210
210-226-0965
888-726-5625 Toll Free
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Guadalupe County

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Seguin, Texas 78155
830-372-1522
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