Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.
Texas legislators have been driven to rid the roads of alcohol-impaired motorists for years. Police investigative tactics have become more sophisticated and as a result continue to aggressively target minors and adults suspected of driving (or boating) impaired. Sometimes, an overly aggressive cop will target teens because they do not need to be impaired under Texas state law to be charged with Driving Under the Influence (DUI). If you are driving while impaired, it will not matter whether you are an adult or teen— you are going to jail. When you are charged with felony Driving While Intoxicated (DWI), your bail could be set at $10,000 or more if there are aggravating circumstances.
Do not chance the worst outcomes for a DUI or DWI arrest. Along with fines and jail time, a felony record will take away many of the freedoms you enjoy—such as owning a gun or your right to vote. Unfortunately, even good people make regrettable choices. After an alcohol or drug-related traffic arrest, a Conroe DUI and DWI lawyer should be the first phone call you make. You should not attempt to contest these charges without guidance from an experienced criminal defense attorney, such as Raphael Ortega, a former DWI prosecutor.
In order to be convicted for DWI, one of the essential elements a prosecutor must to prove is that you were intoxicated. In Texas, a driver is considered legally intoxicated if the driver:
or
Many people use the terms driving under the influence (DUI) of alcohol or drugs and driving while intoxicated (DWI) interchangeably, but in Texas, they are two separate and distinct charges. Therefore, it is important to understand the distinction between the two offenses.
Minors caught behind the wheel with even a drop of alcohol in their systems can be charged with DUI. Alternatively, minors can also be charged with DWI, which means they have a BAC of at least 0.08 percent or exhibit other symptoms of impairment. You can be charged with DWI at any age, but only minors are charged with DUI. Additionally, the penalties for DWIs are more significant than DUIs. A dedicated legal professional with experience handling DUI and DWI cases in Conroe can further explain the differences between these charges during an initial consultation.
DWIs carry a very wide range of punishment depending on the circumstances of the case. DWI convictions can ruin your life regardless of whether you are facing a misdemeanor of felony charge. The immediate penalties for DWI could include:
You are looking at a Class B Misdemeanor, which is punishable by:
You are looking at a Class B Misdemeanor, which is punishable by:
You are looking at a Class A Misdemeanor, which is punishable by:
You are looking at a Class A Misdemeanor, which is punishable by:
You are looking at a state jail felony, which is punishable by:
You are looking at a third-degree felony, which is punishable by:
You are looking at a third-degree felony, which is punishable by:
Serious Bodily Injury under Texas Penal Code §1.07(a)(46) is defined as injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
You are looking at a second-degree felony, which is punishable by:
A felony DWI draws stiffer and life-altering penalties. DWI convictions can also have enormous collateral consequences, such as damage to your reputation, potential loss of employment, housing, etc. A knowledgeable lawyer in Conroe can evaluate the circumstances of your DUI/DWI case, any possible defenses, and stand by you to aggressively fight against your charges.
Texas prosecutors are tough on minors, even first offenders, when it comes to alcohol and operating motor vehicles. DUIs are more than an inconvenient scare tactic to introduce young people to the perils of drinking and driving. DUI, like DWI convictions, can have serious consequences. Penalties for minors vary based on the age of the minor and whether they have a prior DUI or DWI history.
As a minor you are looking at a Class C Misdemeanor, which is punishable by:
As a minor you are facing at a Class B Misdemeanor, which is punishable by:
As a minor you are looking at a Class C Misdemeanor, which is punishable by:
Minors charged with DUI or DWI need to reach out to a skilled Conroe attorney for help with handling their charges and reducing their consequences at the earliest possible point. Minors have their entire lives ahead of them and a conviction for DUI or DWI does not have to derail their bright future.
If you are undocumented, information about your DWI arrest will be given to Immigration and Customs Enforcement (ICE), including your address, and any petition for expungement or nondisclosure. You might be inclined to think that non-violent and first-time offenders may not be the top priority for immigration enforcement agents, however, you would be mistaken. The priorities of ICE agents are to enforce Federal immigrations laws by detecting, apprehending and ultimately deporting undocumented immigration violators. This means even the most non-serious criminal charges can have harsh immigration consequences and you could still face deportation.
For example, if you are a temporary visitor on a tourist or student visa, your status can be revoked, and you risk deportation if you have committed a DWI after the visa was issued. Similarly, you could have your Deferred Action for Childhood Arrivals (DACA) status revoked if you are convicted for either a single felony (like felony DWI) or three or more misdemeanors.
A DWI conviction could also prevent a non-citizen from adjusting status (in other words obtaining a “Green Card”), granting citizenship, and denying or extending certain immigration benefits, such as a work permit, DACA status, and temporary visas. DWI convictions can also make you ineligible for certain immigration relief applications like asylum and Cancellation of Removal depending on the severity and circumstances of the case, particularly when certain aggravating factors are present. For example, where a non-citizen is charged with DWI and is also found to be in possession of illegal drugs, or cases involving a DWI with a child passenger under the age of 15.
In such circumstances, you need a loyal legal advocate who understands both state criminal laws and federal immigration laws. A dedicated lawyer in Conroe such as Raphael Ortega, a former ICE trial attorney and prosecutor with extensive experience resolving DUI/DWI cases, can explain what you need to know and help you navigate the system.
The good news about DUI records is that your Conroe attorney can petition to remove a conviction from your record once you are 21 years old. Erasing a crime from your record is called expungement (or expunction). You are generally eligible to apply for an expungement if you are a minor convicted of certain alcohol offenses, although there are numerous other qualifying offenses. Unfortunately, a DWI conviction cannot be expunged. However, if your DWI charges were dismissed, then your lawyer could petition to have the DWI charge and arrest record expunged.
When an expunction is not an option, you may be able to petition for a nondisclosure. If granted, the court will seal your record instead of clearing it with an expungement. To have a case sealed, you must complete deferred adjudication, a deal where you plead guilty or no contest to the DWI or DUI charges and you meet requirements imposed by the court, such as community supervision (i.e. probation).
When records are sealed, only limited government agencies and other entities will still be able to access them. With regards to undocumented non-citizens, although an expungement clears your criminal record, it is important to know that if you apply for immigration status or benefits you must report expungements and the underlying details of the crime. If you are undocumented, ICE attorneys can use the any criminal records, such as police reports, indictment, and any available court records to get information about the underlying facts of your expungement and nondisclosure during removal proceedings.
An arrest for DUI or DWI is not the end of your story. You have a right to a defense and an accomplished attorney who can provide it. A proactive and aggressive lawyer will seek the best possible outcome in your case, whether it is to negotiate for a reduced sentence or dismissal. They can also determine whether expunging or sealing your record is a viable option.
If you are facing a DUI or DWI, former prosecutor Raphael Ortega will employ strategies to help mitigate the harsh consequences you are facing. If you are undocumented, he will lean on his experience as a former ICE trial attorney to prevent you from being deported while we litigate your case. If your case goes to trial, you cannot understate the importance of having a battle-tested trial attorney with significant litigation experience by your side. A Conroe DUI and DWI lawyer will review and evaluate all available evidence and help you determine your best strategic path forward.
Don’t fight your DWI case alone. A knowledgeable lawyer in Conroe could explain these complexities in greater detail during an initial consultation. Call now to get started.
Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.