DWI's in TEXAS...

[BWB79]

It's my second DWI arrest in 8 months in Austin... But ones in Travis county and the other Williamson county.
I'm a 31 year old male and I made it to age 30 in Dallas and never got a DWI, but I move to Austin, and I get two DWI's in 8 months... I was wondering if I had a fighting chance on these... These are going to make life real difficult for me. I'm filled with regret and wishing I made different decsions on those days. Both incidents the cop never saw me driving...

The first incident I got a dwi, I curbed check my car real bad and it busted my tire and damaged underneath. So my friend and I parked at a convenient store and we're changing the tire, then some lady runs up and yells I called the cops! So then a cop comes and he takes me to jail. He didn't give me a breathalyser until later when I went to jail. I end up blowing a .084 the first time, then .087. So my license was suspended for something like 3 months? But I got an occupational DL during that time...
So now it's 8 months later and I get my second DWI while the other one is still pending... This time, I was really intoxicated and I usually pass out in my car when I get that drunk... But it was freezing on that night. And my car doesn't have heat. So I just thought I could make it to my hotel, but nope... I get lost... but I pull over to the shoulder of the free way to sleep it off... I take the keys out of the ignition and go to sleep... I wake up some time later to cops knocking at my window. And I realize I'm parked in the exit lane of the freeway! I at least tried to do the right thing right? Well I learned to refuse to blow or give blood now... But I'm drunk so I have bad judgment and I mention to the cops that I just got a dwi 8 months ago... Telling him that will probably come back to bite me in the ass, I know...
So when I'm in jail, I get magistrated and it slips out that I have a dwi pending, which I realize he said "convicted" after I spilled the beans about my first DWI arrest. So cause it's my second arrest the Magistrate told me I have 30 days to put a inter- lock device on my car....


After hearing the horror stories about these Inter- lock devices... I'm wondering if there is some way to get out of having to put it on my car.... ? Or how will they even know if I ever get one or not? I mean, my judge didn't order me to get one, it was just the magistrate in jail. If I do have to get it, I was thinking about saying I'm selling my car to my friend, and put my car in my company name. And my friend will just drive me around... I'll only drive sometimes during the day. What does everyone think about this?


Regretful in ATX... BEErock Obamanation

 

[cyjeff]

You aren't regretful.

You shouldn't be driving a car on any road where anyone I love might even decide to drive near one day.

Anyone that drinks until he decides to either pass out in the car or drive to the hotel doesn't deserve to ever drive again.

I assure you that you mentioning you had another DUI meant nothing.... it isn't like they had to wait for you to tell them while your license lit up their on board computer like a parade float.

 

[ERAUPIKE]

It's my second DWI arrest in 8 months in Austin... But ones in Travis county and the other Williamson county.
I'm a 31 year old male and I made it to age 30 in Dallas and never got a DWI, but I move to Austin, and I get two DWI's in 8 months... I was wondering if I had a fighting chance on these... These are going to make life real difficult for me. I'm filled with regret and wishing I made different decsions on those days. Both incidents the cop never saw me driving...

The first incident I got a dwi, I curbed check my car real bad and it busted my tire and damaged underneath. So my friend and I parked at a convenient store and we're changing the tire, then some lady runs up and yells I called the cops! So then a cop comes and he takes me to jail. He didn't give me a breathalyser until later when I went to jail. I end up blowing a .084 the first time, then .087. So my license was suspended for something like 3 months? But I got an occupational DL during that time...
So now it's 8 months later and I get my second DWI while the other one is still pending... This time, I was really intoxicated and I usually pass out in my car when I get that drunk... But it was freezing on that night. And my car doesn't have heat. So I just thought I could make it to my hotel, but nope... I get lost... but I pull over to the shoulder of the free way to sleep it off... I take the keys out of the ignition and go to sleep... I wake up some time later to cops knocking at my window. And I realize I'm parked in the exit lane of the freeway! I at least tried to do the right thing right? Well I learned to refuse to blow or give blood now... But I'm drunk so I have bad judgment and I mention to the cops that I just got a dwi 8 months ago... Telling him that will probably come back to bite me in the ass, I know...
So when I'm in jail, I get magistrated and it slips out that I have a dwi pending, which I realize he said "convicted" after I spilled the beans about my first DWI arrest. So cause it's my second arrest the Magistrate told me I have 30 days to put a inter- lock device on my car....


After hearing the horror stories about these Inter- lock devices... I'm wondering if there is some way to get out of having to put it on my car.... ? Or how will they even know if I ever get one or not? I mean, my judge didn't order me to get one, it was just the magistrate in jail. If I do have to get it, I was thinking about saying I'm selling my car to my friend, and put my car in my company name. And my friend will just drive me around... I'll only drive sometimes during the day. What does everyone think about this?


Regretful in ATX... BEErock Obamanation

Why do you think that the rules shouldn't apply to you?

I think it should scare the living crap out of you that you were so drunk you thought the exit lane of the freeway was the shoulder. You have an alcohol problem. You need help. In Texas the implied consent law means that any person who receives a drivers license automatically consents to a chemical test of their blood, breath or urine to determine blood alcohol content or the presence of drugs. If you refuse such a test your drivers license will be confiscated and you will be issued a temporary drivers license until your court hearing. During the hearing your test refusal will be used against you and the court may rule to suspend your drivers license.

It is important to note that if arrested and accused of a DWI Second or greater offense, Texas law now requires the Court to Order as a CONDITION OF RELEASE FROM JAIL ON BOND, that the person install and maintain a deep lung air device on the car that the person intends to drive and operate while charges are pending. The device requires a breath sample before it will allow you to start your car. They also require periodic breaths while driving to monitor and insure sobriety. New technology has made these devices "user sensitive" so that someone else cannot blow into the device for the driver. In short, if you do not get an interlock, you will go back to jail.

Your punishment for two convictions will look like this:

Texas Criminal Status: Class A Misdemeanor. A 3rd DUI is a 3rd degree felony.

Jail: 72 hours, not more than 1 year. A 3rd DUI can mean 2-10 years in the penitentiary.

Texas DWI Fines/Costs: Fines not to exceed $4,000. Other administrative and evaluation fees may be assessed. TX imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,500 per year for three years for a second DWI offense and $2,000 if the person’s BAC level was double or more the legal limit (.16).

Texas License Suspension: Yes, 180 days to 2 years. Occupational license may be granted based upon need.

Vehicle Impound: None.

Texas DWI School: Repeat offenders must complete a 32 hour DWI Repeat Offender Program.

Texas Probation: Terms of probation decided by judge or jury.

Texas Community Service: Minimum 80 hours, but no more than 200 hours.

 

[BWB79]

Crucify me!

You aren't regretful.

You shouldn't be driving a car on any road where anyone I love might even decide to drive near one day.

Anyone that drinks until he decides to either pass out in the car or drive to the hotel doesn't deserve to ever drive again.

I assure you that you mentioning you had another DUI meant nothing.... it isn't like they had to wait for you to tell them while your license lit up their on board computer like a parade float.

Ok, you are right... I deserve to be beheaded huh? I made a mistake... I'm sure you've never made a mistake before...

I never really thought about my options before in that situation. I always just sleep in my car if I've had too much to drink. And I rarely ever drink to get wasted like that! That's why I made it to 30 years old without getting a dwi. Because I live in Texas, it's never cold here... It was like 10 degrees that night, and my heater just happen to not be working. I thought it was too cold to sleep in my car. And the bar I was at already closed. When I was driving I knew I made a mistake, so I tried to park and go to sleep...

But I should be crucified!!!

 

[cyjeff]

Ok, you are right... I deserve to be beheaded huh? I made a mistake... I'm sure you've never made a mistake before...

A mistake is falling over a curb or spilling a glass of milk.

You got so bombed that you had to decide whether to pass out or drive... and then couldn't make the drive so you decided to take a nap.

In your car... on a frigging exit ramp.

That isn't a mistake. That is saying, "Judge, I have substance control problems that really should prevent me from operating a motor vehicle. And I really don't understand what the words 'regret' and 'mistake' mean."

I never really thought about my options before in that situation. I always just sleep in my car if I've had too much to drink.

And every time, you could have been arrested for DUI.

And I rarely ever drink to get wasted like that!

Reconcile that statement with "I always just sleep in my car if I've had too much to drink." Seems like you got yourself a drunken system there to me.

That's why I made it to 30 years old without getting a dwi. Because I live in Texas, it's never cold here... It was like 10 degrees that night, and my heater just happen to not be working. I thought it was too cold to sleep in my car. And the bar I was at already closed. When I was driving I knew I made a mistake, so I tried to park and go to sleep...

But I should be crucified!!!

Nope, but imprisoned would be okay.

You willingly got behind the wheel of a car while too drunk to SLEEP because it was cold.

You endangered everyone around you... and now you are all pouty because we are being mean to you.

Wait until you hear the judge. I would recommend against having anything else to do that day.

What was your BAC for your latest?

And now you are wondering if you can openly defraud the court so that you don't have to get one of those darn interlocks by only driving your car a little.

I know... that device will really put a cramp in your partying and then driving. Might save dozens of lives, too.

 

[Isis1]

Dude! Don't even try it. Just don't. Making it to 30 without a DUI doesn't make you any better than someone who got a DUI at 25. Or you less of a person who made it to 40 without a DUI.

You tell the judge you sold the car (purjury comes to mind) and the judge will just suspend your license. You don't have a car, you don't need it. Get caught on a suspended license? Boy, not only are you going to jail for your first sentence, but for probation violation on that first offense PLUS!!...the original sentencing on the second offense AND a second probation violation!! That's alot of jail time!

Not worth it dude! Get the interlock, stay sober. Real simple. Next time, get a cab. Or walk. Don't sleep in your car.

 

[ERAUPIKE]

Ok, you are right... I deserve to be beheaded huh? I made a mistake... I'm sure you've never made a mistake before...

I never really thought about my options before in that situation. I always just sleep in my car if I've had too much to drink. And I rarely ever drink to get wasted like that! That's why I made it to 30 years old without getting a dwi. Because I live in Texas, it's never cold here... It was like 10 degrees that night, and my heater just happen to not be working. I thought it was too cold to sleep in my car. And the bar I was at already closed. When I was driving I knew I made a mistake, so I tried to park and go to sleep...

But I should be crucified!!!

Why didn't you call a cab? Nobody here has claimed to be perfect, but you insolence and lack of remorse is infuriating. You should be thankful that you didn't kill anyone either night you decided to drive drunk and be worried about when you will decide to do it again.

The interlock is not a suggestion by the magistrate, it is a condition of your bond. Violate that condition and you go back to jail.

 

[CavemanLawyer]

Just a correction to something posted above, this is not a DWI second because the first is still pending. A DWI second requires that you commit a second DWI after a final conviction on a first offense DWI. You have two DWI firsts pending and each is punishable by up to 180 days in jail.

But as the magistrate on this second arrest showed, an interlock can be made a condition of any DWI bond if ordered. If the magistrate did make such an order then there is a good chance a written order was included in the packet of paperwork submitted to the clerk's office when the case was filed. This is considered an additional bond condition and will be followed up on at your first appearance, if not before.

What usually happens is they give you a copy of the order for interlock and you have so many days to get the interlock and show proof of installation. If you fail to do so, your bond is revoked and you go back to jail. The order states that you must install the device on any vehicle that you drive, so the only way to not install the device is to represent to the court that you will not be driving at all. If you get caught driving a car after this, or in a different car then the one equipped with the interlock device, then your bond will be revoked and you go back to jail.

Besides possibly having to await your trial date from jail, you can expect these things to be raised during the punishment hearing of either of these DWI's if you are convicted.