Does anyone know what is the typical charges in first offense DWI cases in Texas? The reason I ask is that my brother got arrested Thursday night for DWI charges up in College Station, TX and my parents just found out about it today (Saturday). He has been in jail since Thursday and finally called home since none of his buddies could get him out. I read that the charges are up to $2,000 fines, 1-2 years probation, 72 hours - 180 days in jail, and 90 days to 1 year drivers license suspention. What I want to know is what the typical charges are. My parents are on their way to bail him out, which will be $200. They said even if he called the night he got arrested, they wouldnt have came for him until today anyways, so he could sit in jail for a couple days. He said hes in a cell with 32 other people, so Im sure hes having lots of fun. My mom was worried sick when she answered the phone and there was a collect call from the Brazos County Jail.

 

First offense is a class B Misdemeanor with a minimum 72hrs confinement. If he had an open container when stopped it is a minimum of 6 days confinement.

Normally (in my county's court system), If he pleads guilty, he will get 1 year probation, fines and court costs of about $1200 to $2000 dollars( that includes the fees to the probation office).

He will have to go to AA meetings or counseling, and while on probation he cannot frequent bars. If he is caught in a bar they will revoke his probation(the probation officers go looking in bars for you in my county).

They will usually let you off of probation at about 6 months if you pay all your fines early and don't get in any trouble.

If you lawyer up and plead not guilty it will cost even more money for lawyer fees, and if he blew in the breathalyzer, they will find him guilty anyway usually. If he gets a lawyer and is found not guilty, it will still cost a lot of money.

Good luck. I hope he learns something from this experience.

 

Not sure about in Texas, but in MO the typical DWI will be about 1,000 in fines/lawyer fees, 3 months no licence, and 2 years probation, possible community service, and having to take an alcohol class. BIG key is to get a good lawyer, tell him to fork out the $$ for a good one, they will help alot!

 

Here in Pennsylvania I do know they have a strict open container law, you can't use ur rear slidding window to throw empty beer cans in the bed anymore. They even have underage beer possession laws. Lets say the underage kid is driving ur car, and the dad says "son stop at the beer store, im going to run in and get a six pack" so if the cop pulls over the underage kid thats driving, and he sees unopened beer in the car, the underage kid will be charged with possession, only because he's driving the car. I mean if u send ur kid outside the front of ur house to pick up empty beer cans to throw in the garbage and a cop drives by and sees that, ur kid can be charged for possession. Honest it has happened many times. If ur underage, you don't need to drink the beer, just be seen with it, and thats a serious charge. The cops did charge a Little League Team going around town collecting cans for scrap money, they found some empty beer cans in with the scrap. The cops dropped the charges after everybody in town spoke up, but the cops did say its the law.

 

A friend of mine got a DUI here in TX about 18 months ago and it has cost him a fortune. I dont recall what the fine was but that was the cheap part. He still has to go see a probation officer once a month and be ready to submit to a urine drug test. I beleive he also has to pay $2000 a year for three years ($6000 total) to get his license back. Even if he doesn't get his license for 3 years, he'll still have to pay the $6k whenever he does go to get a license. You need a lawyer just to get a provisional license just to get a provisional license to legally drive back and forth to work. His probation officer also keeps finding classes that he has to attend other than AA that he HAS to go to and HAS to pay to go to. That's the legal $$$ that I can remember but he is also paying like $500 a month for insurance on a vehicle that he isn't suppose to drive.

 

GB150,

That must not have been his first DWI. They do not give 3 years probation and 6,000 fine for a 1st offense Class B Misdemeanor unless something else enhanced the charges.

 

A good friend of mine got one years ago in PA. He said the worst part financially was that the insurance companies can legally tag you for DUI rates for 7 YEARS after you are convicted. If you fight it and it takes 6-12 months for the end result and you are found guilty, the 7 years starts upon the conviction date.

It cost him $25,000 for insurance over the following 5 years after his DUI. For some reason, after 5 years, he was able to get "regular" rates again.

 

that there's a fact. a couple of my frat buddies got busted that way back in college. Two underage guys were going to a pizza joint, and asked if anybody wanted to come along. A legal aged guy with no car asked if he could come, as the liquor store is in the same strip mall complex. The two young guys went to the pizza shop, the other guy got his booze and waited in the car. Cop was watching the whole thing, and pulled them over as soon soon as they drove off.

 

Well he got out, but not in real good shape, and -$600 for bail and truck impound. He said the worst was sitting in jail, in a cell with about 30 other people. The cops gave them daily showers. Had everyone strip down then they just sprayed disinfectant on everyone, then they go rinse. Almost got raped, but was saved by the KKK. Several black guys were pushing him around and these guys with swastikas and blood drops tattood all over them came up and beat the guys. They asked what religion my brother was and he said protestant, and they told him he was lucky. He is all bruised up and cut up from fights. He said you have to actually fight people because they will take any food you get. His arm is bruised all the way up because someone wanted his little milk carton. I dont think paying any amount of money could be this bad.

 

It was definately his first DWI. He didn't even have any tickets on his record prior to this. The 6k wasn't the fine, it was what he will pay to get his license back. 2k a year for 3 years.

 

...

 

Well here is the site:
http://www.texas-dwi-lawyer.com/tx-d...o/dwi-code.htm

Look at Section 708.102 part C #1 & 2

This subchapter does not apply to a conviction that became final before September 1, 2003.

Sec. 708.102. SURCHARGE FOR CONVICTION OF CERTAIN INTOXICATED DRIVER OFFENSES.
(a) In this section, "offense relating to the operating of a motor vehicle while intoxicated" has the meaning assigned by Section 49.09, Penal Code.

(b) Each year the department shall assess a surcharge on the license of each person who during the preceding 36-month period has been finally convicted of an offense relating to the operating of a motor vehicle while intoxicated.

(c) The amount of a surcharge under this section is $1,000 per year, except that the amount of the surcharge is:

(1) $1,500 per year for a second or subsequent conviction within a 36-month period; and

[B](2) $2,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.16 or more at the time the ****----------------------------7d52d0366e4
Content-Disposition: form-data; name="message"

Well here is the site:
http://www.texas-dwi-lawyer.com/tx-d...o/dwi-code.htm

Look at Section 708.102 part C #2

This subchapter does not apply to a conviction that became final before September 1, 2003.

Sec. 708.102. SURCHARGE FOR CONVICTION OF CERTAIN INTOXICATED DRIVER OFFENSES.
(a) In this section, "offense relating to the operating of a motor vehicle while intoxicated" has the meaning assigned by Section 49.09, Penal Code.

(b) Each year the department shall assess a surcharge on the license of each person who during the preceding 36-month period has been finally convicted of an offense relating to the operating of a motor vehicle while intoxicated.

(c) The amount of a surcharge under this section is $1,000 per year, except that the amount of the surcharge is:

(1) $1,500 per year for a second or subsequent conviction within a 36-month period; and

[B](2) $2,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol cf 0.16 or more at the time the ****----------------------------7d52d0366e4
Content-Disposition: form-data; name="message"

Well here is the site:
http://www.texas-dwi-lawyer.com/tx-d...o/dwi-code.htm

Look at Section 708.102 part C #2

This subchapter does not apply to a conviction that became final before September 1, 2003.

Sec. 708.102. SURCHARGE FOR CONVICTION OF CERTAIN INTOXICATED DRIVER OFFENSES.
(a) In this section, "offense relating to the operating of a motor vehicle while intoxicated" has the meaning assigned by Section 49.09, Penal Code.

(b) Each year the department shall assess a surcharge on the license of each person who during the preceding 36-month period has been finally convicted of an offense relating to the operating of a motor vehicle while intoxicated.

(c) The amount of a surcharge under this section is $1,000 per year, except that the amount of the surcharge is:

(1) $1,500 per year for a second or subsequent conviction within a 36-month period; and

(2) $2,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.16 or more at the time the analysis was performed.

He did blow over a .16

 

GB150,

Sorry I haven't responded, I've been out of town.

I stand corrected you are right and I humbly apologize

I didn't know that we (Texas) went to the point system either.

My dept just got us the new Lexis-Nexis 2003-2004 Texas Traffic and Criminal Law books a couple of weeks ago and I hadn't noticed the change in the law.

 

I know I am bumping up such an old thread but really wanted to thanks for posting such a useful information. I never knew about section 708.102. I am currently helping a friend of mines in finding a good DUI attorney Los Angeles as he was charged with DUI couple of days ago.

 

Here in Ca., it will cost you MINIMUM $10,000 for all of the costs, 1 year no license, AA classes for 6 months,
and your insurance will be a bitch to get for 7 years. So happy I never drank.............