Houston Criminal Defense Attorney

Probation more likely for repeat drunk drivers in Texas

Houston residents who have been charged with drunk driving offenses may think that they face long jail terms. As a general rule, law enforcement takes an aggressive stance regarding enforcement of drunk driving laws.

A drunk driving conviction can result in a variety of consequences, including a fine, jail time, restrictions on the defendant's driver's license, probation and mandatory drunk driving therapy. For third time offenders, the penalties could include spending two to 10 years in prisons, up to 10 years of probation and a fine up to $10,000. For repeat offenders, prison time is more likely for defendants who have been caught driving while intoxicated soon after their prior convictions.

However, jail time is not always served by those convicted of drunk driving. A recent article concerning felony DWI convictions in a Texas county explains that the overwhelming majority of felony drunk driving convictions do not result in jail time. Rather, the most likely outcome for the majority of those facing DWI charges is actually probation, even for persons facing their third or more DWI offense. In fact, evidence obtained from one county shows that 52 percent of felony DWI charges receive probation where the sentence is handed down by a judge instead of a jury.

The outcome of any given DWI case is not certain. Rather, a strong defense is both capable of and critical to keeping someone accused of driving drunk out of jail.

Source: WOAI.com, "Repeat drunk drivers most likely to get probation," Brian Collister, Aug. 2, 2012

Our law firm defends people arrested for alleged drunk driving and other criminal law violations in Texas. If you are facing charges, contact the Law Offices of Jed Silverman as soon as possible for a free and confidential case review.