If you are charged with DWI in Texas, it is a very serious matter, but if you have a prior conviction from another state, it can make the situation that much more legally complicated.
Because a conviction for driving while intoxicated can lead to serious consequences in your future, having an experienced Round Rock DWI defense attorney in your corner is always in your best interest.
DWI Charges in Texas
Driving while intoxicated, or DWI, is the crime of driving with a blood alcohol concentration of .08 percent or higher, but the charge can also apply when a motorist’s ability to drive safely has been impaired by alcohol – even if their BAC does not reach this legal threshold.
A first DWI is generally charged as a Class B misdemeanor in Texas, but a prior conviction can elevate the charge and the legal sentence.
With a first DWI charge, any combination of the following fines and penalties can apply:
From 72 hours to 180 days in jail
Fines of up to $2,000
Community service
An ignition interlock installation requirement
A driver’s license suspension of up to two years
An SR-22 requirement that involves proving you carry the required liability insurance, which translates to significantly higher premiums for two years
Factors such as a prior DWI conviction, your BAC level, whether you had a child passenger at the time, whether an accident was involved, and whether anyone was injured in said accident can all support an enhanced charge and enhanced sentencing.
What about a Prior DWI Charge from Another State?
If you have a DWI on your record from another state, the State of Texas will only apply it as a prior conviction under specific circumstances. If the state in which you were convicted of DWI employs laws that are similar to the DWI laws in Texas, your prior conviction can be used to enhance your pending charge.
In other words, making a mistake years ago in another state can directly affect your current DWI case in Texas.
The Texas Penal Code states that a prior DWI conviction from another state can lead to an enhanced charge if the offense contains elements that are substantially similar to the elements of the corresponding Texas offense. This comparison is performed on a case-by-case basis that is always guided by the unique circumstances involved.
A Relevant Nebraska Case
A 2012 case heard by the Nebraska Court of Appeals and then by the Nebraska Supreme Court highlights the challenges associated with comparing one state’s DWI laws to another’s.
The crux of the matter, in this case, is whether or not the same legal elements of the alcohol-related charge must apply in the state that convicted the driver in the past as they do to the charge that the current state has filed against them.
The Circumstances Involved
In this case, a man was convicted of his fourth DUI offense – or what Texas calls DWI – which, under Nebraska law, is a sentence enhancement that elevates the charge to a felony. One of the man’s prior convictions, however, was for an offense in Colorado.
The charge in Colorado was driving while ability impaired (DWAI), which is not as serious a charge as DUI in the State of Nebraska, which requires a BAC of .08 percent or higher. DWAI in Colorado generally applies to cases involving BAC readings of .05 to .08 percent – or to those situations when a motorist’s ability to drive safely is affected by alcohol to the slightest degree.
The Nebraska Supreme Court Weighs In
The Nebraska Supreme Court ultimately determined that a DWAI conviction in Colorado did not rise to the level of a DUI conviction in Nebraska – just as it does not rise to the level of a DWI conviction in Texas.
To make the matter more complicated, the man had pled guilty to the DWAI charge, and while Nebraska prosecutors attempted to introduce evidence that he was more than marginally impaired in the Colorado case, they were unable to do so.
His guilty plea meant that allegations beyond the limits of DWAI were never proven beyond a reasonable doubt, which is the legal standard required.
The Nebraska Supreme Court put it this way – The theoretical possibility that a defendant’s conviction for DWAI could have satisfied the Nebraska elements for DUI is not enough. The prior out-of-state conviction must be for the offense of DUI.
In other words, when it comes to a prior DWI conviction in another state, the matter can become very complicated very quickly. And when a prior conviction is determined to qualify, you can count on it enhancing the severity of the legal penalties you face, but a seasoned DWI defense lawyer is standing by to help.
Verifying an Out-of-State Conviction
If you have a DWI conviction from another state on your record, Texas will do whatever it takes to verify the circumstances of the offense, which involves examining the details of the charge.
This typically means obtaining the relevant records from the other state and carefully considering the elements of the specific legal statute in order to compare them to the elements included in corresponding Texas laws. When these elements and the basics align, Texas is very likely to include your prior out-of-state conviction as a sentence enhancer.
It’s important to note here that making such legal comparisons generally isn’t a straightforward process and can take a considerable amount of time. For example, if the states use different legal definitions for specific terms or if the record itself is incomplete, it can make reaching a final decision more challenging.
In certain instances, the discrepancies between a DWI charge in Texas and a DWI charge in another state support the prior conviction not being included in the current case. This is another excellent reason for having skilled legal counsel on your side from the outset.
Penalties Faced
As the number of charges on your record increase, so too do the fines and penalties you’ll face.
For a Second Conviction
If you are convicted of a second DWI, it’s a Class A misdemeanor that carries a jail sentence of from 30 days to a year and fines of up to $4,000. Your driver’s license can also be suspended for up to two years, and you may be required to have an ignition interlock device installed in your vehicle for up to 2 years in order to drive once your suspension ends.
This is on top of any community service requirements and mandatory participation in a DWI education or intervention course.
For a Third Conviction
A third conviction is generally a third-degree felony, and a conviction carries a prison sentence of from 2 to 10 years – with a mandatory 10-day jail sentence if you are granted probation – and fines of up to $10,000. This includes a driver’s license suspension of up to 2 years after you’ve served your sentence and an ignition interlock requirement that can last a full 10 years.
Don’t Forget the Social Consequences of a DWI Conviction
While the fines and penalties associated with a DWI conviction – or multiple DWI convictions – are serious, the social consequences also take a significant toll and can directly affect your future. For example, it can be more difficult to find employment, and you could lose your professional licensure.
Additionally, furthering your education becomes more challenging, which can dash your career goals. To make things more difficult, you may find it hard to rent an apartment or to be approved for a home loan. This is in addition to the direct hit that your standing in the community can take.
A criminal record is a matter of public information, which means that employers and landlords who choose to, can weed out potential employees and renters who have convictions on their records.
A DWI conviction will remain on your record permanently unless you have it legally expunged or sealed, which isn’t easy to accomplish and is only applicable under highly specific circumstances.
FAQ
The answers to the following frequently asked questions may help answer some of your own pressing questions.
Will a prior DWI conviction from another state automatically affect a Texas DWI charge?
No, a prior DWI conviction in another state won’t automatically enhance the DWI charge you face in Texas, but it could. First, the other state’s DWI laws will need to be compared to those in Texas to determine if the involved legal elements are in alignment, and if they are, your sentencing can reflect this additional conviction, generally meaning stiffer fines and penalties.
How can a DWI defense lawyer help?
A savvy Round Rock DWI defense attorney can make a serious difference in the outcome of your case by ably handling each of the following critical tasks:
Helping you avoid the mistakes that defendants often fall victim to, which makes things harder on them in the process
Building a strong defense that the prosecution has a difficult time overcoming
Demonstrating that the prior conviction from another state is not in alignment with Texas laws and, therefore, doesn’t count as a sentence-enhancing factor in your case
Knowledgeably discussing your case with the prosecution in an attempt to have the charge against you dropped altogether or, barring that, skillfully negotiating for a beneficial plea deal that minimizes the charge against you and the penalties you face – when deemed advantageous
Carefully preparing to fiercely defend you against the DWI charge in court if that is the best course of action in your case
Your future is too important not to have professional legal representation backing you up.
Which factors tend to support enhanced DWI sentencing?
There are a wide range of factors that can support enhanced sentencing in a DWI case, including all the following:
Having a prior conviction or convictions, which – in some cases – can include a prior conviction from another state
Having a BAC of .15 percent or higher
Having a child passenger in the car
Causing an accident
Causing an accident that injures or kills someone else
Refusing to allow your BAC to be tested by the police
What happens if I refuse to have my BAC tested by the police?
In Texas – as in other states – you give implied consent to have your blood alcohol concentration tested when you get behind the wheel. This means that if you’re driving, you don’t have the legal right to refuse testing. And if you do refuse, you face an automatic license suspension – even if you’re ultimately found not guilty of DWI.
For a first refusal, you face an automatic suspension of 180 days, and for a second refusal, the automatic suspension increases to 2 years. In other words, while you may avoid being tested, it’s very unlikely to help you in the long run.
Will a DWI conviction affect my car insurance rate?
Insurance companies base their premium rates on the degree of risk they equate with the driver in question, and a driver who has a DWI conviction on their record poses considerably more risk than most other motorists do.
As a result, you can expect your premiums to increase significantly if you are ultimately convicted of DWI, and if you have multiple charges on your record, the financial impact will be even more considerable.
Talk to an Experienced Round Rock DWI Defense Lawyer Today
Brett Pritchard at The Law Office of Brett H. Pritchard is a fierce Round Rock DWI defense attorney who is well acquainted with the legal intricacies of complex DWI cases like yours. He’s committed to skillfully advocating for an optimal outcome on your behalf.
The consequences of a DWI conviction are too serious not to bring your strongest defense, so please don’t delay contacting or calling us at 254-781-4222 and scheduling a free consultation to learn more about everything we can do to help you today.