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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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    Mr Shaeffer was amazing with helping my family with an urgent situation during this weekend. His attention to detail and knowledge were incredible. My wife and I were frantic over this situation and Mr Shaeffer was emphatic and patient while simultan...

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    Absolutely amazing and very professional and tentative as well as his secretary she is very polite 1st time needing a lawyer would definitely recommend him. Overall we were very happy with Mr Shaeffer and would diffenithy hire him again.

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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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