FIRST TIME DWI



Am I going to jail for DWI offense?
Drinking and driving is considered a negligent offense that calls for harsh punishments including jail time. There is no clear line set out for drivers to know when they are going to jail or not in case they are found drunk and driving. The fact is, some drivers end up in jail and others don’t. Whether you go to jail depends on certain variables as we might see. If you are signaled to pull over on a checkpoint, don’t freak out and start seeing yourself already in jail. You might not be headed for jail if you behave accordingly and seek attorney assistance where necessary. If you prove yourself vulnerable, then you might. So, where is the red line? We can only use statistics to determine that. Here are the most common situations where drivers end up in jail.
  1. Personal injury/ auto accident
Drinking alone and then driving is treated as an offence. That is because the lives of other drivers, passengers and pedestrians using the roads are put at risk. However, if you are caught having just drunk and not causing any menace, the punishment isn’t that harsh. The problem comes in when you cause deaths or serious injuries to other road users. Here is the argument. If you were driving on a sober mind, then nothing bad could have happened. Now that you were drunk, you were pushed to cause an accident that killed and injured people. Surely, you have to be held responsible for that. Jail time for DWI will be an ideal punishment.
  1. First-timers
Implementation of DWI law is different in different states. And so are the punishments. In some states, anybody being caught for the first time driving while drunk buys some time in jail automatically. The policy is to prevent other drivers from indulging in drinking affairs and then driving. Being caught for the first time hence becomes an automatic ticket to the jail. In other states though, that is not required. Going to jail will have to be dependent on certain factors. If you reject a breathalyzer test, have minors in your car while drunk, over speeding, high level of BAC and such like them will mean you have to go to jail. Otherwise, an innocent catch where nothing unusual happens or is expected to happen mean a community service or maybe not. The best way to keep off jail time is to learn how to avoid getting a DUI in the first place. Dot drink and drive is the obvious tip number 1.
  1. Second-timers
After you served your punishment under 1st DUI, you should have learnt to never drink and drive. If you are caught yet again, then it shows that you never learnt a thing. Even if you never went to jail the first time, many states will require that you go to jail this time.
  1. Location
Where you are caught will affect whether you are going to jail or not. In certain locations, you have to go to jail. In others, you don’t.
All in all, let your DWI lawyer Houston help you out in case you get caught. They will have a positive impact of reducing the jail term where it is the punishment imposed.

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