DWI Jail Time

Question: Can you go to Jail for a DWI in Texas?

Answer:

In Texas, on a DWI-first, you normally don’t go to jail. In fact, I’ve never had anybody go to jail on a DWI-first or second. However, legally, it can happen. When you’re in the court room, you’ll see it happen. People do occasionally go to jail on DWI-first or second, but I’ve never had it happen with a client, and that’s with 30 years of defending people with DWIs. If someone’s injured in a DWI accident or if it’s a third or more DWI, there’s a chance of going to prison or jail. That does not happen all the time, but there is a chance it will. You need to hire somebody that knows what they’re doing and can prepare you. For a felony DWI, or when you have three or more DWIs, I normally recommend to my client right away that he gets involved in some sort of treatment because a judge is not going to accept that the client does not have a problem. We need to be proactive, get involved in those things, in case you are convicted. That allows your attorney to make a good argument that you do not need to go to jail or prison.