In most circumstances a person convicted of DWI for the first time will not be required to spend time in jail but will, upon his timely application, receive community supervision (probation). The maximum term of probation is 2 years. As a condition of probation the person will be ordered to pay a fine, report to a probation officer, perform community service, abstain from the use of alcohol and attend an alcohol education course. In addition, a person’s driver’s license may be suspended for up to 1 year. However, if you receive community supervision and take the court ordered alcohol education course you will be able to keep your license.
Note: If an open container of alcohol is present, the minimum period of confinement is increased from 3 to 6 days.
A person convicted of a second DWI faces a minimum term of confinement of 30 days with a 180 day maximum along plus a fine not to exceed $4,000,00. A person convicted of a second offense is eligible for community supervision (probation), but will be required to serve a minimum of three days in jail as a condition of community supervision. Driver’s license suspension is 180 days to 2 years.
A third DWI conviction becomes a felony DWI if, during the previous ten years, the person has been convicted of DWI. A third DWI carries a term of confinement of 2 to 10 years in prison. If community service is granted a minimum of 10 days in jail will be required. The person’s driver’s license will be suspended for up to 2 years.
To discuss your charge, call Tyler Flood & Associates at (713) 224-5529. Schedule your free initial consultation with our Houston DWI lawyers.
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