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We have arrested and charged with drunken driving while intoxicated in Texas. Unlike any other crime in Texas, a citizen accused of DWI does not happen is eligible for deferred adjudication.

Deferred income relates to a law judge, under a plea and withholding a finding of guilt until the defendant is a probationary period is completed. Should the defendant be successful, the court dismissed the case and the defendant will be allowed to seek a petitionnondisclosure.

A person charged with driving while intoxicated has a choice of pleading to the charge, taking the case to trial or bargaining for a reduced charge. As there is no lesser included offense for driving while intoxicated, the district attorneys in some counties will not offer a reduced charge. However, there are exceptions and in some counties a citizen accused of driving while intoxicated may be permitted to enter a plea to a reduced charge of obstruction of a highway or reckless driving.

What follows are the elements of driving while intoxicated, reckless driving and obstruction of a highway, "together with the range of penalty for each offense, and implications for driving privileges of a citizen.

Driving while intoxicated. A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

Driving while intoxicated is a Class B offense (a class A misdemeanor if the person previously had a DWIConviction) in Texas. It carries a maximum penalty of up to six months in the county jail and $ 1,000, well. It also has a license suspension of up to one year, for both commercial and non commercial (Class C) driver's licenses, and surcharge payments to the Department of Public Safety of $ 1,000 per year for three years.

Obstruction of a highway. A person commits an offense if, without legal privilege or authority, he intentionally, knowingly or recklessly impede moreHighway ... to the public ... Has access, or used in any other place for the passage of persons, vehicles and transportation equipment, create whatever the nature of disability and whether the disability caused by his acts alone or from his actions and the actions of others.

While there is rarely an allegation that the driver is actually someone impedes access to a public road, obstruction of a highway is a popular reduced fee prohibited in some jurisdictions.

Obstruction of a highway isclassified as a Class B misdemeanor in the Texas Penal Code. It carries a maximum penalty of up to six months in the county jail and $ 1,000, well. It is important that no license suspension for a conviction of obstruction of a highway,

Reckless driving. A person commits an offense if the person is a vehicle in willful or gross disregard for the safety of persons or property.

Reckless driving is a Class B misdemeanor in Texas Transportation Code classifies.It carries a maximum penalty of up to 30 days in the county jail and a $ 200 fine. For a driver who is a class C has driver's license, no suspension for a reckless driving conviction. It can, however, two reckless driving convictions for a commercial driver's license holder in a period of three years to a license suspension of 60 days. A third conviction within a period of three years will become a 120-day suspension.

Typical factors that reduced the rationale for a fee to be consideredare:

The convictions of the defendant;
the particular driving situation;
whether they are involved in an accident or injury;
how well the drivers recorded on video field sobriety exercises conducted;
how the driver is on video;
the results of a chemical test, if any, and
the willingness of a prosecutor, a DWI case to try.

In general, the farther you from the large urban areas, the more likely a prosecutor for a reduced charge in exchange for an offerplea.

If you've been wrongly arrested for DWI, you need an experienced DWI attorney to defend your rights and restore your reputation. Contact Houston DWI Attorney Paul B. Kennedy for more information and a free consultation.

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