First ever DUI, first ever accident

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First ever DUI, first ever accident

58 years old and totally diabled. ran out of medication for pain so drank to ease pain until pharmacy got meds ready to pic up, Pharmacy close to home. truck pulled out in front of me. I was put in hosp a month now worse condition than before. Meds may have impacted with alcohol. was 2x legal limit. my car totalled. what am I facing?

Asked on May 11, 2009 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It'd always advisable to hire an attorney to handle a DUI.  An arrest and convictionwill not only affect your driving record but your criminal record as well.  Additionaly, if he's local to your area, he may know a prosecutorr that will be sympathetic to your case under the circumstances especially since this is your first offense. 

As to what you will be facing:

DWI, 1st Offense: Class B Misdemeanor.

  • Fine: A fine not to exceed $2,000.00.
  • Jail: Confinement in the County Jail for a term of not less than 72 hours nor more than six (6) months.
  • Open Container: If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail.
  • Community Service: Texas law mandates that a judge order not less than 24 hours nor more than 100 hours.

Absent unusual facts, most persons convicted of a first offense DWI are granted community supervision (probation). The general length of DWI probation is two years. There are also conditions of community supervision ordered that are fairly standard in most courts. Typical conditions imposed are: Drug/Alcohol Evaluation, Alcohol Education, and attendance at a MADD Victim Impact Panel.

Additional conditions of probation that may be ordered:

If your case presents unusual facts (such as an accident, a demonstrable alcohol problem, prior alcohol contacts, bad driving record etc.), the court has discretion to order additional conditions, such as anIgnition Interlock Device.

 

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am not a Texas lawyer.  From what I see on the internet, Texas law makes a first DWI a class B misdemeanor with a minimum of 72 hours in jail.  Your driver's license may also be suspended for up to 90 days, but this is done separately from the misdemeanor prosecution.

There is also a possibility that you may be found at fault for the accident, which might raise your car insurance rates and you could be sued.

You should talk to a local attorney about this.  One place you can find a lawyer is our website, http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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