Driving while intoxicated (DWI) charges have severe implications for anyone, but for military personnel, there’s more gravity.
In Texas, a DWI charge arises when an individual operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or when their ability to drive is impaired by alcohol or drugs. This includes prescription drugs. Prosecutors in Texas are diligent in prosecuting DWI offenses. If convicted, the consequences can be harsh, especially for those serving in the military.
If you’re a veteran or active military service member who has been accused of driving while intoxicated in Angleton or anywhere else in Greater Houston, Sandra Oballe is here to help.
Our law firm is known and respected for our aggressive defense of our clients. If you’re ready to have a sit-down with a skilled criminal defense lawyer, call attorney Sandra J. Oballe today at 713-524-6656 or 979-265-6800. Schedule your confidential consultation today.
Affordable, Reliable, Aggressive.
DWI, DUI, and Texas Conviction Penalties
The penalties for a first-time DWI offense can include up to 180 days in jail, fines of up to $2,000, community service, and mandatory alcohol education classes.
For subsequent offenses, the penalties are worse. A second DWI offense can result in up to one year in jail and fines up to $4,000. A third offense can result in felony criminal classification which can carry up to 10 years in prison and fines up to $10,000.
Again, if you’re an active service member, there are more consequences.
Learn More: How Texas DUI & DWI Cases Work
Military Consequences Beyond Civilian Penalties
Military personnel face unique challenges following DWI charges. In addition to civilian penalties, there are also repercussions under the Uniform Code of Military Justice (UCMJ).
A DWI conviction can result in administrative actions, such as a reprimand, reduction in rank, loss of pay, or even a dishonorable discharge.
These consequences can end a military career. If this happens, it’ll tarnish your record permanently. However, Sandy can help you.
The Dual System of Justice
If you’re in the military, you’ll have to contend with both the civilian and military justice systems. Even though the civilian court addresses the criminal aspect, the military may initiate its proceedings regardless of the outcome. This duality means that even if you avoid a civilian court conviction, you’ll still have to deal with military discipline.
Under the UCMJ, a DWI can be prosecuted as a violation of Article 111 – Drunken or Reckless Operation of a Vehicle. The penalties can include confinement, reduction in rank, forfeiture of pay, and dismissal from service.
Military courts are less lenient than civilian courts. The impact on your career can be devastating.
Defense Strategies for Military Personnel
The Importance of Early Intervention
Early intervention is very important if you’re to succeed in beating a DWI case. Immediate legal action can often result in reduced charges or alternative sentencing options. If you hire a criminal defense lawyer quickly enough, options such as probation & diversion programs are more easily realized.
For military personnel, early engagement with a knowledgeable attorney can help mitigate the impact on your career & personal life.
Defending a DWI charge involves a comprehensive approach that considers both the civilian and military aspects of your case. An effective defense lawyer like Sandra Oballe will challenge the legality of the traffic stop, the accuracy of the BAC test, and the procedures followed during the arrest.
In the military context, additional defenses might include questioning the evidence’s chain of custody or the arresting officer’s conduct.
Arrested for DUI & DWI? Fight The Charge!
Talk with Attorney Sandra J. Oballe Today!
Given the difficulties of fighting criminal cases, military personnel need to seek experienced legal representation immediately after posting a bond.
The Law Office of Sandra J. Oballe knows the unique challenges faced by service members. With 30+ years of experience as a criminal defense attorney, we know exactly what to do to bring an effective defense strategy to court.
Whether your case is in Harris County, Brazoria County, Galveston County, or elsewhere in Greater Houston, we’re here to help.
Contact Us!
If you or a loved one are in the military and were arrested on DWI charges, don’t wait to seek help. Contact the Law Office of Sandra J. Oballe for experienced criminal counsel. Our Houston office can be reached at (713) 524-6656. Our Angleton location in Brazoria County is available at (979) 265-6800.
