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Can I Go To Jail For My DWI?

After being pulled over an offense of driving while intoxicated (DWI), one of the many questions that might rush through your head is “Will I go to jail?” The state of Texas is tough on DWI offenses. Even a first-time offense can result in jail time. Depending on the driver’s DWI history and other factors related to the offense, a person convicted of DWI can end up facing anywhere from a few days in jail to decades in prison (such as when someone was killed due to the offense).

Jail and prison sentences given for different types of DWI convictions:

  • 1st Offense: 72 hours to 180 days in jail
  • 2nd Offense: 30 days to 1 year in jail
  • 3 rd Offense: 2 to 10 years in prison
  • Intoxication assault (DWI causing serious injury): 2 to 10 years in prison
  • Intoxication manslaughter (DWI causing death): 2 to 20 years in prison

It is important to remember that there could be aggravating factors that make a jail or prison sentence even more severe, such as a blood alcohol concentration of 0.15% or higher, or the presence of a child passenger in the offender’s vehicle at the time of the crime.

You may be able to avoid a jail or prison sentence or greatly minimize your sentence with the help of an experienced attorney. There are numerous cases in which flaws with the evidence or other weaknesses in the case can result in the charges being dismissed or reduced, or in the defendant being acquitted of the charges through trial. There are also many cases in which probation is used as a way of avoiding or reducing jail time.

If you are facing possible incarceration due to DWI charges, you can consult with San Antonio criminal defense lawyer, Tylden Shaeffer. Tylden is a board-certified lawyer in criminal law who has more than two decades of legal experience. Contact his office for aggressive defense in your case!

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Testimonials
  • "Mr Shaeffer was up front from the beginning, and I respected that. He told me they have a solid case against me. He is a very out of the box thinker, and very organized. He told me the sad reality of" - Nicoli

  • "I found Mr. Shaeffer to be very responsive, effective, and strategic. There was never any doubt in my mind that he had my best interest at the forefront of his efforts in handling my case." - Ron

  • "When you have been wrongfully accused of having an affair with a student, you must acquire legal counsel before you even speak to the police, even if you are the person who reports the rumors. Tylden Schaeffer advised me to not have a second interview with the police department and found time in his schedule to meet with me that day. After the meeting, I had a path to move forward on and that included a well written statement that Mr. Schaeffer crafted. After submitting this in lieu of a second interview with the police, there were no more problems with the school district or police department. Mr. Schaeffer did a superb job and had me resting more easily following our meetings. I would highly recommend Mr. Schaeffer to anyone in need of a Criminal Defense Attorney." - Anonymous

  • "Tylden has been nothing but excellent while representing me. He’s been very upfront, honest, and cooperative with not only myself, but with my family as well. I don’t just feel like a number, he treats you like if you’re his only client. I’d definitely recommend him to anybody I know if they are in need of legal help. 5 out of 5 stars. I highly recommend Tylden Shaeffer!" - Joel

  • "Mr Shaeffer was up front from the beginning, and I respected that. He told me they have a solid case against me. He is a very out of the box thinker, and very organized. He told me the sad reality of what could potentially be the outcome of my case, and it was dim. However he asked me what i wanted and was creative enough to deliver at an extremely affordable price. He has the knowledge to defend you, and the experience to win. I’m very happy with how he handled my case. His office is also only blocks away from the court house and he is always prompt. I don’t usually write reviews, but Mr. Tylden Shaeffer deserves to be recognized." - Nicoli

  • "When I got charged with my DWI I already expected to go through a long, painful process from the beginning. But, Mr. Shaeffer and his staff made my whole experience quick and easy with their great communication and professionalism. He was always straight forward and I could tell he had my best interest in mind. He made sure I didn’t get charged with “extreme intoxication”, while also reducing my fines and the length of my probation. I highly recommend him to anyone!" - Alex

  • "Mr. Shaeffer is a great attorney , very professional, very nice and is willing to work with you and help u threw any situation u may have or need help with . I recommend Mr. Shaeffer to anyone who needs help with any kind of legal issues or problems. Anyone who has asked me about an attorney i most definitely tell them Mr. Shaeffer and give them his info. Thank you for all your help and everything u have done for me and my family. You are a awesome attorney! Highly Recommend" - Anonymous

  • "Tylden is a fantastic attorney. He thoroughly prepared for my case and did an amazing job of relating to the judge and jury. I highly recommend Tylden. Would recommend to anyone!" - Skyler

  • "Tylden got my felony reduced to a misdemeanor. He saved my life. I didn’t have to pester him for information and updates about my case and his staff is well informed and helpful. He personally attended each and every one of my hearings and was just as concerned about restoring my reputation as I was. He recently got a motion for non-disclosure filed and approved by the judge so I will never have to admit this mistake ever happened. I would recommend Tylden to anyone! He is a highly intelligent and competent attorney. The Best!" - Anonymous

  • "I was represented by Mr. Shaeffer years ago (2004). He would travel from San Antonio all the way to Del Rio to represent me. My father and I were accused of wrong doing by federal agents and we had done nothing. We, my father and I were on trial simultaneously. We had hired an attorney and found out later he was friends with the prosecutor and wanted us to accept a plea bargain. “We did nothing wrong”, I cried to him. He insisted that we accept due to it being impossible to beat the Government. My father and I were close to giving up when we met Mr. Shaeffer. Mr. Shaeffer believed in us and fought for us. Because of him, I never saw prison walls nor was I ever away from my family. It was one of the most difficult times in my life, but thankfully we met a Godsend attorney and justice prevailed." - Anonymous

Case Results
Intoxication Manslaughter – Reduced Sentence

While client was already on probation for DWI when arrested for Intoxication Manslaughter. Client pleaded guilty to the jury and jury awarded probation where State sought prison term from the jury.

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