So You Got Arrested
The Texas justice system can be messy- we talk to the key players to uncover what really happens. Hosted by BRCK Criminal Defense Attorneys, this podcast dives into real stories and hard truths from inside the Texas criminal courts.
We explore what happens after an arrest, how charges are fought, and what it's like to face the court system in places like San Antonio, South Texas, Austin and the Texas Hill Country.
Whether you’ve been arrested, have a loved one in jail, or just want to understand the criminal defense process in Texas, this show gives you raw, unfiltered insight from criminal lawyers, legal experts, and those directly impacted by the system.
So You Got Arrested
DWI: What Happens After the Handcuffs?
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The Texas justice system is notoriously messy, especially when it involves a DWI. In this episode of So You Got Arrested, attorneys Jacob Lindberg and James Heath from BRCK Defense pull back the curtain on the immediate and long-term consequences of a driving while intoxicated arrest in San Antonio and throughout Texas.
From the moment you’re asked for a specimen to the complexities of keeping your job while your license is suspended, Jacob and James break down the "junk science" of field sobriety tests, the reality of "No Refusal" blood warrants, and the strategic moves that can protect your future.
In this episode, you’ll learn about:
- The Double Suspension: Understanding the difference between a post-arrest license suspension and a post-conviction suspension.
- Breath vs. Blood: What happens when you refuse a breathalyzer and how "blood warrants" work in rural vs. urban jurisdictions.
- The 14-Day Deadline: Why the Administrative License Revocation (ALR) hearing is your only chance to contest a suspension.
- Occupational Driver’s Licenses (ODL): How to keep driving to work and school even while suspended.
- The "Super Fine": The hidden costs of a final conviction that can reach up to $6,000.
- The Three-Strike Rule: How Texas law enhances DWIs from misdemeanors to serious third-strike felonies.
Whether you're currently facing charges or just want to understand your rights under Texas law, this episode provides the "real talk" you need to navigate a difficult situation.
Why Texas DWI Feels Messy
SPEAKER_03The Texas justice system is messy. So let's break it down. You're listening to So You Got Arrested, the podcast that tells you what really happens after an arrest. Hosted by BRIC Criminal Defense Attorneys. We talk to the people who've lived it, worked in it, and been shaped by it. Whether you're facing charges or just want to understand your rights, your options, and the smart moves that could change everything, we've got your back.
DWI Arrest What Happens Next
SPEAKER_01Welcome. This is Jacob Limberg and James Heath on So You Got Arrested by BRIC Criminal Defense. And James, today I really want to talk about one of the most confusing, but also one of the most common, where there's tons of misconceptions, issues in San Antonio and all of Texas, and that's DWIs. Right? So today we're going to talk about you got arrested for DWI. What's next? Right. So, James, what's one of the first things that come to mind? You get that new client, and unfortunately they've had a DWI and you're having your first phone call with them. What's that one of those first things that everyone is just super confused about or really doesn't expect? What is one of them?
Two License Suspensions Explained
SPEAKER_02Right. So I think one of the main things that's going to affect your life right away is going to be that license suspension. Right. And um there's there's there's two license suspensions, uh, presumably, right, uh that we should talk about. The first being you've been arrested and you either refuse or or or give a specimen of either breath or blood. And then the second being when you resolve your case, if you are to take a plea or be found guilty, there will be another follow-on suspension.
SPEAKER_01So we're talking about license suspensions. You get arrested, um, and that's when the DPS, the Texas Department of Public Safety, is saying, look, uh, you were arrested for this DWI, and there's at least first talking about post-arrest. We could talk about post-potential plea deals and stuff after, but post-arrest, what does that look like? I mean, in that, is there a process? What are we working with there?
SPEAKER_02Yeah, so absolutely. There is a process, okay. And and the process is really gonna center on whether or not you agree to provide that specimen. The specimen is almost always gonna be requested as as part of the basic investigation.
SPEAKER_01And by specimen, what do you mean? Saliva, or what what do we have to give up here? What do they need from me?
SPEAKER_02They're gonna want to take you back to uh the police station and have you blow in what's called an intoxilizer. Uh you know, simple way to put it, it looks like a flute, probably every every adult has seen it. You gotta blow into that thing. Uh they're gonna take two specimens, right, and uh they're gonna average them together. And if that specimen is over the legal limit, then uh they're gonna pursue charges, most likely.
SPEAKER_01Aaron Powell Okay. So yeah, you're talking about like a breast specimen in that uh the police are asking you, hey, we want you to blow into this breathalyzer. Um and you're saying if they don't do that, one of those license suspensions can go into place?
SPEAKER_02If you refuse to do so, then even if you do do it, right? Right. If your if your blood alcohol, if your BAC is above the legal limit 0.08, uh then it will be suspended for half the time. If you refuse to do it, uh then it will be suspended for twice as as long. You know, obviously they they also can request blood, you know, and depending on where you are, we BRIC operates in a lot of counties. Yeah. Uh I know in San Antonio it's probably very common for them to do blood. Uh uh in in more rural jurisdictions, it can be a little bit harder, but it's still very possible. And definitely blood is probably what law enforcement would prefer.
SPEAKER_01Yeah, and so there's a couple of ways to get your license suspended, and then the suspension itself will have a bunch of different timelines. But uh so we talked about kind of giving a specimen or a really all they're trying to see is what is your blood alcohol content on systems or sciences that they've made and created, one of them being the breathalyzer. I think that's probably the oldest, most common one that you hear now, and then of course, doing a blood draw. Um, and so if you do not consent to them pulling blood out of your body, uh, what's gonna happen then?
Refusal Warrants And Forced Blood
SPEAKER_02What they're gonna do, most likely, is they're gonna apply for a warrant.
SPEAKER_01Okay.
SPEAKER_02Uh, and they can even do uh some sort of attachment that pretty much says, you know, they can hold you down and force you and and take your blood, in which case they'll begin the process of collecting the blood, storing the blood, uh, sending the blood off to a laboratory to be tested, and then obviously that blood will return. And and there's a lot of nuances in that whole process with room for error on their part. Um, but that's the general typical process of what will happen if you refuse.
SPEAKER_01Yeah. So you like you're on the side of the road, maybe on scene, or when you get pulled over on the side of the road, you do the standard field sobriety tests, which have a ton of junk science in them. We've talked about that. Um, but then also they try to give you the breathalyzer. Sometimes on the side of the road, sometimes at the police station, uh, let's say you say no to that breathalyzer right there. That's gonna spark a license suspension for at least six months, give or take. Um, and then there they may ask for a blood sample. They might not even not even ask for that first breath sample. They might jump straight to the blood sample, um, denying that right there. That's that uh at least a 180-day uh license suspension, a time where you're not gonna have your license and your normal driving privileges for that period of time, unless you hire birth criminal defense attorneys, we'll help you get another way into it. But um, you know, those are two things that will spark that. And again, they're trying to gather evidence to show that your blood alcohol content was above 0.08, and denying those ends up in a license suspension. So, but let's say you're uh you're willing to blow into it. In fact, you think you're below 0.08, and so uh you blow into the breathalyzer and they even ask for blood on a really overzealous police officer says, you know what, I'm gonna get some blood from you too. Let's say both of those come back above 0.08. Are you still facing the license suspension?
SPEAKER_02Yes, absolutely. Okay. And you're saying if you agreed to to give it, you're still facing a license suspension. It's less serious than if you had refused.
SPEAKER_01And what makes it less serious?
SPEAKER_02Yeah, uh it honestly, it's boring. Statutory law, right? So Texas is one of the biggest DWI states in the nation. Uh the legislature, the you know, congressmen, stuff like that, the the people who write the laws have, you know, been keyed on to the fact that people find it egregious or people are scared of it and that it should be punishment. So unfortunately, the way that it's written, even an allegation, uh, you know, even if you're you refuse and you're not intoxicated, uh your license can be suspended, will be suspended.
SPEAKER_01Right, right. And kind of so there's three little caveats for the uh license suspension, and that is denying something, but also denying blood or breath, right? Those are the first two. But third is being guilty of DWI, not even guilty in the criminal sense, right? Like when we're in that criminal court and we're dealing with beyond a reasonable doubt, we're not dealing with that. Okay, we're dealing with a much lower burden, a civil burden that's gonna apply. And so uh what happens if you are saying, you know what, uh maybe the stop was bad, maybe the officer did a bad job in doing this, that, or the other thing. Uh, what are the ways or what is the process called to contest that license suspension?
ALR Hearing And The 14 Days
SPEAKER_02Aaron Powell Right. So, you know, there's an administrative hearing. Uh obviously, you know, there's the executive, the legislature, and the j the judiciary. And and some of these themes kind of get pawned off and and skirted into this specific uh branch of law called administrative law. Uh so they can't just suspend you without giving you some sort of opportunity to be heard. But, you know, I think you would agree, you know, most people in this situation, uh regardless of intoxication or not, it's very confusing, it's very scary. You don't really know what's going on. You're sitting in a car, they play maybe an audio tape of these complex legal documents for you to listen to that kind of tell you about this. And, you know, most people aren't gonna understand. Um, right? So you have a time frame to contest it. You're gonna go probably, you know, by Zoom, and there's gonna be an administrative law judge in Austin, right? And uh the police officer may or may not show up via Zoom a computer way, and they're just gonna ask the police about what's going on. And and sometimes if the stop is bad, the administrative law judges will pick up on that based on the testimony and based on whatever evidence is presented in the hearing. Uh but you know, I think in our experience, you know, uh banking on that procedure is not uh I mean, I wouldn't say it's not something we recommend. It can definitely be worth it. But I think the chances are low because the burden, as you pointed out, is so low.
SPEAKER_01Yeah, I mean, the administrative law review, that's what we're talking about. It's administered by the Texas Department of Public Safety. And we're dealing with civil burdens. And it's a situation where when that officer shows up, because it used to be a lot of the times that they wouldn't show up. So a lot of these administrative law reviews were one because they're in person. Since COVID, uh, all of them have been moved to Zoom. And so we're going to this uh administrative law judge over Zoom, and these officers are now more required to show up because uh police agencies across Texas have caught on to the issues of them losing the administrative law reviews, and DPS has gotten upset with them because there's an attorney representing DPS saying, we want this person's license suspended, right? So when you have your attorney going on your behalf doing that administrative law review hearing, um, that's all they're doing is maybe trying to bring up an issue of the stop, bring up an issue with whether your blood alcohol content was really above 0.08. Um, and there is success. You know, it is a difficult process because at the end of the day, they'll have that third caveat we talked about, or you're driving while intoxicated. And at such an early stage in the game, it's a little tough to really overcome that civil burden sometimes. But certainly we've had success with them. Um, but it's something where it's personal choice, right? So let's say we have the person where maybe we do their administrative law review hearing, maybe we don't. Either way, their license is now suspended. Maybe they called us past the 14-day deadline. Uh, what happens after that? How can we help them continue with their driving privileges?
Occupational Driver’s License Options
SPEAKER_02Aaron Powell Right. So there's there's ways around it. Um one, you know, the the major one that I think we see most of the time, especially in the 81st, which is the you know, the jurisdiction that I practice in, is what's called an occupational driver's license. And uh occupational driver's license is essentially something where you don't have free reign, you know, like you did before to, you know, drive to the movies or drive to the gas station to get a bag of chips or whatever. It's a very regimented thing and say, hey, I go to work, you know, Monday through Thursday from, you know, whatever, 10 to 10 to 6. And then, you know, on Friday I do my grocery shopping. And and you can list out and explain all these things and petition uh the court to give you a license for those purposes and for those times. And obviously, you know, you're there's gonna be restrictions on that license beyond time frames, such as maybe like an ignition interlock device or what have you.
SPEAKER_01Yeah, and so you know, you're what we're talking about is the occupational driver's license. A lot of times, people that have their license suspended, I mean, we've got kids and work and we don't want to lose our job. And in fact, we don't want our job to find out about this. And so if you can't drive, that is a deal breaker for some people. Um, and so the opportunity to continue driving is through that occupational driver's license. And it is extremely regimented. Normally, some pretty strict uh times where a person can drive in even days. They don't like weekends. Why? Because people drink on the weekends. Um, and so what happens is the court says, great, you can drive to and fro work, maybe you pick up kids for soccer on Thursdays at 6 p.m., we can extend that one a little bit. It kind of has to be specific to your schedule. And some judges require logs saying, hey, okay, I drove this many miles this day, this many miles this day. And if you get pulled over, you're not gonna have maybe your physical plastic driver's license you would normally have. You'd have that occupational license. And so if that officer is flipping through your occupational driver's license, says you have a uh curfew of 6 p.m. to stop driving, you're getting pulled over at 10 p.m. Well, that's an offense and that's an issue. Um, and so each court, you talked about the 81st district, it looks a little bit different. Some courts will require a hearing to get your occupational license, some courts won't, some courts will just sign off on it when it's agreed to. Um, and so you're right in that it's always just going to look different case by case, court by court, person by person. Um, and you talked about the ignition interlock. So after you're arrested, you're not found guilty yet, but you have the ignition interlock?
Ignition Interlock Before Any Conviction
SPEAKER_02Absolutely. It it can be imposed as you know a condition of multiple things, right? It can be imposed as a condition of bond. Uh so your bond, your agreement to be released from custody can impose a rule saying that you cannot operate any motor vehicle without this ignition interlock. Uh and then obviously it can be imposed as a condition of the occupational license uh and and things of that nature.
SPEAKER_01Yeah, so that means when you're arrested and you're released from the jail, right? For folks that have never been arrested in their lives, which is super common, you get a DWI and it sucks. And so now you get out of the jail and you're handed all these pieces of paper, right? Uh one of those papers is gonna tell you about that administrative law review hearing. It's called the DIC24 and 25. It's gonna tell you, hey, you have this many days to request a hearing for your license, that administrative law review we talked about. Another sheet is gonna say your bond conditions. And that bond condition that often goes into place, county by county, some counties don't require it. Most counties will. You get arrested for DWI, you're not found guilty, you're just arrested. You're getting that initiation interlock in your vehicle, meaning you've got to blow into that thing to start your vehicle every single time. And it's every vehicle, okay? So if that car that you're driving is your daily driver, maybe you have another car in the garage or whatever it might be, you're not allowed to drive that if it doesn't have that ignition interlock. And James and I are gonna be here. We're gonna come right back after the break to continue discussing DWIs.
SPEAKER_00The attorneys at BRIC Criminal Defense have helped over 5,000 clients move on with their lives. When an arrest or accusation turns your life upside down, we have the knowledge, experience, and integrity to get your life back on track. Traditional legal ethics, modern legal tactics, the best defense possible to get you through the criminal justice system. Search Brick Criminal Defense to see our reviews and find out why so many of our clients have trusted us to fight for them. Brit Criminal Defense, helping our clients move on with their lives.
SPEAKER_01So, James, we had finished off talking about the ignition interlock after being arrested and the difficulties and intricacies that come with that. Um, is there other bond conditions that a person has to worry about when they get released?
SPEAKER_02As far as it pertains to DWI or just in in in general?
SPEAKER_01Yeah, maybe general ones that a person will face when looking at a DWI. What are the things that they know they have to do or follow to make sure they don't end up back in jail?
SPEAKER_02Aaron Powell Right. So it it'll typically be a big list. Most of them are, at least where I practice very standard. Uh they're gonna require you to have some sort of identification. They're gonna require, um in some circumstances, which is a real big problem for people, right? If you're down in in Floresville or Jerdenton, um, but you live in San Antonio, right, you could get a magistrate who says you must reside within Adascosa County, Texas. And you have an instant problem right off the get-go. And you're not gonna be able to drive without an ignition interlock and these other things that are going on.
No Car Affidavit And Portable Monitoring
SPEAKER_01Yeah. So in those counties, I mean, sometimes you have a person that's released from the jail, but they're not going home where they can't go home until that condition's changed. And so other bond conditions, I think, to expect is just not drinking or obviously no drugs at all. Um, and those bond conditions that you're given out of the jail, if they're violated, those are promises to the court they make you sign off on them that you're going to follow. So you don't get that interlock, you drink and you blow in uh positive into that interlock, or you do drugs or something like that, and it comes up positive. You could see yourself right back in the jail. Um, and so, you know, we talked about the interlock. What happens when a person doesn't drive now? Maybe their car got tolled from an accident during the DWI, or they just don't have a car anymore because they can't afford it, something like that. What will the court say to that person? Is it just saying, okay, you don't have interlock, you don't have a car, sorry, see ya?
SPEAKER_02Well, typically what I see most is they make you sign an affidavit, pretty much swearing that you're not gonna drive. They're not gonna impose, they're not gonna enforce you having to have an ignition interlock if you don't have a vehicle. However, you know, peop some people say, I don't have a vehicle, but then you know, they go to their brothers, and you know, your brother's like, hey, run to the gas station for me. You jump in his car, you drive his car, you get pulled over because his registration's expired, and there you are operating a motor vehicle without an ignition interlock, and you're right back in right back into the into the jail.
Blood Results Delay And Filing Decisions
SPEAKER_01Definitely. Yeah, and I mean there's gonna be issues when you sign an affidavit saying, hey, I'm no longer driving, I'm not gonna drive any vehicle, and then you get caught driving, right? And then oftentimes what our courts will do is they'll say, look, if you're not driving, we still want to supervise to make sure you're not drinking alcohol. And so they'll give you what's called the portable alcohol monitoring device. And so it's one of those things where it'll beep in the middle of the day, it may be four or three scheduled times that you have to blow into that device to make sure that you're not drinking, uh, in lieu of not driving and having the interlock. And so um, that's just another one of those things you violate, you could write back in the jail. Um, and so having the interlock or having that portable alcohol monitoring device, you're uh waiting for, let's say, blood results. Let's say the officer in this case, he got that warrant, he drew your blood, maybe against your will potentially, and now they've sent it off to the lab and DPS. Um, how long will it take for that blood result to come back to the county attorney's office?
SPEAKER_02I think typically it takes, you know, between two to six months.
SPEAKER_01Yeah.
SPEAKER_02It can take longer. Definitely. Um it can also, there's a lot of things that could go on. Obviously, you know, this is a big weight on people's shoulders and they kind of want to know what's happening, it's hanging over their head. But I mean, there's some times where maybe the results have come back, but the prosecutor hasn't even reached the file yet.
SPEAKER_01Definitely.
SPEAKER_02And you really don't have uh much of an avenue to, you know, get that information, especially if the case hasn't been filed or reviewed.
SPEAKER_01Yeah, and the way I always frame it is there's a box of files. There literally is. There is a box of files with people's names, and it goes by age of the case. And so if you're a newer case, you're gonna go right in the back of the box. They're gonna get to your case finally. Let's say it's been two months just for them to see your case. They pull it out of the box, they say, Oh, looks like we're waiting another four months for that blood from Texas Department of Public Safety to be tested. Well, all right, it goes right back to the back of the box. And it'll kind of come up every once in a while. But let's say that blood result does come back, again, anywhere from two to six months where you're blowing into the interlock device. You're struggling with keeping your license, whether it's suspended or not, right? You're dealing with all of these things. And like you said, it's hanging over your head. You don't know what's going on with the case, but the county attorney's office is still waiting for that blood result. Why won't they file it without that blood result?
SPEAKER_02Well, it's it's very hard to prove, right? Uh that's why they're so fond of, you know, the intoxilizer, the or you know, breathing into something that reads out a result of alcohol content or preferably blood, because they will say, you know, in a trial, uh, that this is a reliable scientific method, that there are scientists and and experts and all kinds of studies that will testify as to the validity or, you know, the concreteness of these methods. And and and you know, juries can believe that.
Pleas Probation And Interlock Consequences
SPEAKER_01Yeah, yeah, juries can believe it or choose not to, depending on uh how hard we argue. But uh, you know, absolutely, right? So the prosecutor is not gonna sit there and say, well, uh, I know I'm waiting for that blood result, but I'm just gonna go ahead and file it anyways, because then now they're on the chopping block. Now, a great defense attorney like you walks into the courtroom and says, Great, we'll try it tomorrow. And then they're scrambling to get it done. They're not gonna file the case, meaning pursue it, start going to court, all of those things. You're likely waiting those two to six months, potentially more, for that case to actually get into the courtroom. Um, and that's a really difficult thing for anyone. And it's a a tough thing for people to swallow. Again, one of those things that people don't know that comes with these very common DWIs. So, uh Let's say you are in court, you go through the court process with us. Let's say we've drawn them up a great plea deal because for some reason we couldn't find a good reason to dismiss it, and we've got this fantastic plea deal. All right. So that time they spent maybe, you know, six months to a year waiting for that case to be resolved, right? They had the interlock the entire time. They were blowing into it. They did a great job. They did community service. They did the classes for the DWIs. They were a stellar pretrial supervision person accused of a crime. Now they're accepting a plea deal that you've gotten them because it was great. Does that time they use the interlock count towards the time they might be required to have it during probation? No, it it does not. Why not, James?
SPEAKER_02Unfortunately, that is the law. Again, that's the way that it's it's written up. Uh, you know, by the legislature, they, you know, Texas is really trying to combat the, you know, drunk driving. Uh, you know, a lot of people die, a lot of people get hurt. Uh, and uh they really want to discourage this type of conduct, and for that reason, you know, there's a punishment on the front end, even before you've been found guilty or accepted guilt. And then, of course, afterwards, there's a second punishment.
SPEAKER_01Yeah. And so will the person be required to have interlock after accepting a plea deal?
SPEAKER_02It's gonna depend on the facts of the case. I think what uh with what I see most of the time, yes. Um but you know, it's not necessarily required depending on the severity of the of the the offense, the DWI. But uh, you know, I think a good rule of thumb is you expect it.
SPEAKER_01Yeah, expect it because again, like you said, there are courts and procedures in which we can stop a person from having interlock on probation, but the law requires it be at least half the term of that probation. And even further, let's say uh we drew up a great plea deal with you because you really didn't want that interlock and you didn't have the interlock. Well, now your waiting period to seal your record, to seal that DWI afterwards is gonna extend to five years. So it's gonna stop your ability to actually hide that from your record when you don't have the interlock. And so there's all these pros and cons and nuances to these pleas that we do that we have to kind of keep track of as the attorneys to make sure that people know uh what they're signing up for and what they're looking at in their future. Um, what other things are specific to a DWI plea after a person accepts a plea deal?
SPEAKER_02Right. So there's gonna be a couple classes, and and and you noted on it, you commented on it prior, right? Uh this there's gonna be you know a victim impact panel course, uh which is typically done online, which is gonna have to be completed. And then there's also gonna be a DWI course, which is stringent. Yeah. Uh there's a DWI first, you know, it's your first offense uh with with drinking and driving, right? And it's it's not as stringent. And then there's the repeater course for anyone who's had more than one. Okay. Right. And there's kind of a caveat on on that on the back end, right? So if you've taken a plea or if you've been found guilty, that that that suspension is going to be imposed, but it won't be in effect if you've done these classes within a time frame.
SPEAKER_01What uh so you're saying after you accept a plea deal, we kind of touched on at the beginning, there's another license suspension that comes into place. And how do you avoid getting it?
SPEAKER_02Well, it you're gonna get it, but the question the question is whether or not uh it's going to be in effect. Okay. And and that's gonna be, again, statutory, in which there are there are required classes that the legislature has imposed. And if you don't do those, your license is gonna be suspended for that time frame and will be suspended until you do the classes. So it's better, right, even if you have a great case, even if you know we we're gonna go all the way on this, to be proactive on the front end, to be that good pretrial uh client or to be that person who gets these things done in anticipation. It's also something that looks extremely attractive to a prosecutor, in my opinion, right? Because we're showing up and saying, like, hey, look, like this case isn't very good. We have all these things that we can argue, but this person's never been in trouble before, and they've done these classes and they're doing these things, and there's no more trouble, right? So it it changes the tone from the get-go, and it is beneficial on the back end.
Super Fine And DWI Enhancements
SPEAKER_01You're saying doing those classes that are going to be required on a probation, anyways, you know, it is. It's putting our best foot forward and showing the state that we're proactive, wanting to take care of this, not gonna have to be an issue for them in the future, and that kind of thing. And so another one I wanted to talk about was the DWI is super fine. Uh sounds super scary because it is, right? It's very strong. Uh what is it and how do you get it?
SPEAKER_02Right. So it's hard to explain, and I'll try my best.
SPEAKER_01Yeah, no, just in general terms.
SPEAKER_02Right. So, you know, depending on what it is, you know, a class B misdemeanor, DWI first, you know, not super high blood alcohol content, right? You could be looking at a$2,000 fine. You know, a class A misdemeanor, you could be looking at a$4,000 fine, right? If somehow you find yourself on a third or more, right, you could be looking at a$10,000 fine. That's imposed by the court as you know, a plea or a finding of guilt. The superfine is an additional fine that comes you know from Austin, right? And depending on the severity of the facts of that DWI can be imposed. And you know, they can hit you with up to an additional$6,000 fine.
SPEAKER_01Yeah, and it's gonna happen on final conviction. I mean, if a client is on the program deferred adjudication, for example, um, even just regular probation where it is a conviction, are they gonna have to pay that super fine or no?
SPEAKER_02No. So I think the best way to think about it is a final conviction, uh, which is again complex. Complicated, yeah, definitely. Because, you know, it comes from, you know, cases where you know you can be enhanced for prior convictions. And a final conviction under that case law, and as interpreted by the courts through the government code, is essentially you're resolving your case through doing time. Right. So if I get sentenced to six months in jail for my DWI, and I do that six months in jail, that conviction is a final conviction.
SPEAKER_01Right. And we have clients or people that come in and they say, Look, um, I'm I don't want to do a probation. I don't want to have to deal with going and reporting to this person for two years. I'll sit in the jail for 30 days. Well, here's the legislature saying, Well, that's great. Here's a huge fine for you. And it goes straight to Texas Department of Public Safety. Um, but it's only in those specific circumstances. And so um, you know, we've talked about some of the important things to expect pre-trial and after potential plea deal. Um, one of these ones I always hear just clients asking me about it, whatever it is, is um enhancements. Okay, so what is an enhancement and how does it work when you plead to a DWI?
SPEAKER_02Right. So, you know, there's different tiers of probation as lawyers would commonly say it. So I'll try to use that terminology, right? Straight probation, meaning uh that you take the conviction that conviction is gonna be on your record, and as a punishment, you're you're given a probationary period. Sure. Whatever it may be. Right. There's deferred adjudication probation, which means, you know, there's enough evidence to find you guilty, but the judge doesn't find you guilty. Instead, what they would do is put you on a period of probation, and if you're successful, uh they'll dismiss the case against you. Now, deferred, you know, typically most people are are fans of deferred. Uh it's a great opportunity, a great option, right? But with DWI, right, the taking a deferred adjudication can be used for enhancement purposes. And the way that it works in Texas is it's kind of what I typically say a three-strike rule, right? And it's not to say that strike one isn't serious and strike two isn't serious, but strike three is a hell of a lot more serious than strike one or two, right?
SPEAKER_01And how's that?
SPEAKER_02Right. Well, because it becomes a felony. Right. And uh well, I'll be you know straight up, uh where I'm at, you know, if you're on a DWI third, uh uh judges are not gonna be happy, prosecutors are not gonna be happy, they think it's a serious problem. And a lot of times, just from the get-go, probation is gonna be off the table. Uh they're gonna be looking to send you to prison. Uh and if anything more than third, and I'm sure you've seen them, I know I have, I mean, some of the some people, unfortunately, they have seven, eight, nine of these. And uh, once you get past three, you're looking at ten years every time.
Wrap Up And How To Follow
SPEAKER_01Yeah, and so you look at that DWI first, it's a class B misdemeanor, looking up to at least six months in jail, potentially. And then a class A misdemeanor is your second one, right? Where you're looking up to a year in jail. Once you get to that third one, that third strike, you're looking at two to ten years in prison. Um, probation is on the table unless you keep kind of having these offenses. And so this has been a long discussion about all of the important things that a person needs to know when they're arrested for DWI. And so we want to continue talking about these things. We're going to in the future, so please join us for the next episodes of So You Got Arrested. My name is Jacob Lindbergh. This is James Heath, and thank you for joining us today.
SPEAKER_03Thanks for listening to So You Got Arrested. If you found this podcast helpful, share it with someone who needs to hear it. For more legal insights and real time from the front lines of the Texas justice system, follow us and subscribe. And remember, Brick Criminal Defense has your back. For more information, visit us at brcadefense.com.