San Marcos DWI 512-392-9292 Don't Drink and Drive

http://www.sanmarcosdwi.com The Law Office of Scot Courtney located in San Marcos, Texas. If you are arrested for driving while intoxicated DWI give Scot a call.

DWI - WHAT YOU NEED TO KNOW

Driving While Intoxicated (DWI) is the most frequently prosecuted misdemeanor offense in the State and one with some of the most damaging and far-reaching ramifications of a citizen's everyday life, if convicted. Every other offense in the State of Texas, if the sentence is probated cannot be used to enhance punishment of subsequent charges, with one exception, DWI. A first offense is a Class B Misdemeanor; a second charge is a Class A Misdemeanor and a third charge is a Felony of the 3rd Degree, with the very real potential of incarceration in the Texas Department of Criminal Justice -- Institutional Division, better known as prison.

That being said, it is extremely important to try and prevent the first DWI conviction, if at all possible in defending the charge. Many people make the potentially fatal mistake of failing to defend themselves in a first offense DWI. First offenders are typically offered a relatively light punishment involving probation, under the assumption that they do not intend to ever place themselves in a position of being charged a second time. Unfortunately, they do not truly realize that due to the extremely subjective nature of the charge (i.e. the Peace Officer's opinion that someone is intoxicated) when a citizen is stopped on a minor traffic violation and might have had a beer or glass of wine with dinner, if the Officer smells an odor of an alcoholic beverage and then runs the driver's license, discovering the prior DWI, that citizen's chance of being arrested and charged with DWI again, is extremely high.

Other valid reasons to avoid conviction of DWI, if possible, includes automobile insurance rates, license suspensions, but most significant is the Texas Legislature's recent creation of an annual "surcharge" to renew driver's licenses for people convicted of DWI. A first offense can result in a $1,000.00 minimum surcharge for each of the three years following conviction. Surcharges increase with subsequent DWI convictions.
SHOULD I TAKE THE BREATHALYZER?

The short answer is NO! Based upon many years of experience, consultations with recognized experts in the field, personal trial experiences and our own client's stories, the Intoxilyzer machine used in Texas is not reliable in determining an accurate blood-alcohol level and should not be relied upon by you to demonstrate your sobriety.

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