My name is XXXXX XXXXX I'd be happy to answer your questions today. Please note that there may be a slight delay in response time, as I may be helping with other questions or I may be away from the computer
. I will answer any follow-up questions as soon as I can.
In Texas, driving under the influence is a Class B misdemeanor
, which means that the maximum penalty is a fine of up to $2,000, up to 180 days imprisonment or both. Tex. Pen. Code, Section 12.22
. However, there is a 72 hour mandatory jail term. Section 49.04
. There are also other factors that could increase the mandatory minimum jail term, all of which you can view at that link - some examples are if there was an open container
in the car, or a child, or if the driver's blood alcohol level exceeded .15, or if the driver has prior offenses.
Carrying a handgun while engaged in criminal
activity, which is the likely charge, based on what you've said, is a Class A misdemeanor, which is punishable by up to one year imprisonment, a fine of up to $4,000, or both. Section 12.21
Because jail time is mandatory on the DUI charge, when you go in for the initial appearance on these charges, if you cannot afford an attorney, you have a right to have one appointed for you at no cost. You can ask the judge, and he'll appoint one for you at that time. You'll be able to enter a plea of not guilty, and then your lawyer will review all of the evidence and determine the best way to proceed.
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