In case you or a liked one ever is stopped by police for suspected drunk driving, you’ll in all probability surprise how a lot time you would possibly spend in jail for a cost of DWI, or driving whereas intoxicated.
That query actually springs to thoughts this week with the information that Patrick Mahomes Sr., father of Tremendous Bowl-bound Kansas Metropolis Chiefs quarterback Patrick Mahomes, was launched on a $10,000 bond Sunday, February 4, following his arrest for DWI.
In line with Individuals journal, Mahomes Sr. was arrested in Tyler, Texas, on Saturday, February 3. He then was booked into Smith County Jail.
A former pitcher in Main League Baseball for the Texas Rangers and a number of other different groups, Mahomes Sr., 53, beforehand was charged with DWI in 2018 and 2012.
For the 2018 cost, he pleaded responsible and served an gathered 40 days in jail on weekends from 2019 to 2020.
Individuals journal reported that jail information additionally present Mahomes Sr. was arrested on a DWI cost following 2 separate incidents in 2012 in Smith County.
He additionally was arrested and charged with public intoxication in 2016 throughout a basketball recreation between Texas Tech College, the place his son attended, and TCU in Fort Price, Texas.
In line with CNN, Mahomes Sr. has been booked 11 occasions since 2009, together with the driving whereas intoxicated prices.
Prior DWI prices add as much as a critical offense
The truth that Mahomes Sr. has beforehand been charged with DWI for a complete of not less than 3 such offenses makes this newest one an much more critical cost. Actually, if convicted, he may very well be sentenced to 2 to 10 years in jail and be ordered to pay a excessive advantageous.
Anybody who’s convicted of an intoxication cost in Texas additionally could face driver’s license penalties. These can embrace having their driving privileges suspended for so long as 2 years and having to pay hundreds of {dollars} in yearly surcharges for as much as 3 years so as to regain their driver’s license.
What are intoxication offenses in Texas?
Amongst intoxication offenses in Texas, driving whereas intoxicated (DWI) is distinct from driving beneath the affect (DUI) beneath Texas regulation.
DUI is a Class C misdemeanor by which an individual beneath 21 years previous is charged with driving drunk. (The authorized consuming age in Texas is 21.)
DWI is a Class B misdemeanor by which an individual who’s 21 or older is charged with driving whereas intoxicated, because of a blood alcohol content material (BAC) of 0.08% to 0.15%. Punishments for that Class B misdemeanor of DWI in Texas embrace spending as many as 180 days in jail, paying a $2,000 advantageous, or each.
If the offender’s BAC was greater than 0.15%, the offense turns into a category A misdemeanor, even for a first-time offender. For that offense, punishments can embrace spending as much as 1 yr in jail, paying a $4,000 advantageous, or each.
If the individual is a repeat offender with prior DWI convictions, as in Mahomes Sr.’s case, that may make the punishments even worse. A second offense can almost double the penalties, whereas a 3rd DWI offense can convey a advantageous of as much as $10,000, a jail sentence of as much as 10 years, or each.
A DWI cost will also be a second-degree felony if it includes intoxication manslaughter. Which means the driving force was intoxicated after which prompted the loss of life of one other individual in a visitors collision on account of an accident or a mistake.
Punishments for the second-degree felony of intoxication manslaughter in Texas embrace a advantageous of as much as $10,000, a jail sentence of two to twenty years, or each.
Houston DWIs and Texas DWIs lead nation
In line with Houston Police Chief Troy Finner, Houston “again and again” leads the nation in DWI-related fatalities, and in 2023, the town had 5,100 DWI arrests. Elsewhere in Harris County, there have been one other 1,500 DWI arrests final yr, says Harris County Sheriff Ed Gonzalez.
Forbes Advisor additionally studies that Texas has the very best proportion of drunk-driving deaths in america, with 963 such deaths occurring in 2023. These represent greater than 40% of all visitors deaths in Texas final yr.
How can I defend towards a DWI cost in Texas?
In case you’re questioning how one can defend towards a cost of DWI in Texas, first, you will need to have interaction a talented and skilled drunk driving protection lawyer or legal professional, which the Neal Davis Legislation Agency can present.
One facet of your case that may be challenged is the accuracy of the means used to find out when you have been, in truth, intoxicated whereas working a motorized vehicle.
Units that accumulate breath samples or blood samples to measure alcohol content material have typically been confirmed to be unreliable, both on account of defects within the units themselves or on account of inefficient use of the units by regulation enforcement personnel.
Throughout america, hundreds of breathalyzer exams have been thrown out of courtroom as proof due to such unreliability.
Thus, it is likely to be established that you weren’t confirmed to be intoxicated by advantage of the truth that the BAC measurements that have been taken have been inaccurate.
It additionally is likely to be established that you weren’t, in truth, driving the motorized vehicle in query or that police lacked a authorized motive, or possible trigger, to cease you when you have been driving.
Get a confirmed, educated Houston-area DWI lawyer
To argue such factors in courtroom, you will need to get a confirmed and educated Houston-area DWI lawyer to face up to your authorized rights in courtroom.
The award-winning Neal Davis Legislation Agency has a monitor report for defending Texans who have been accused of driving whereas intoxicated, or DWI.
In case you or a member of the family faces such a cost, contact our regulation agency instantly to hunt the authorized illustration that you must contest the cost in Houston or elsewhere in Southeast Texas, from Sugar Land and Katy to The Woodlands and Conroe in Fort Bend County and Montgomery County.
Contact us right now to rearrange a confidential session to your drunk driving case.
