[Chron] DWI trial of Rockets guard Alston to begin (UPDATE: Alston not guilty)

A Houston Rocket with a history of legal problems is scheduled to return to court Wednesday when his driving while intoxicated trial begins.

Point guard Rafer Alston will appear before Harris County Court at Law Judge Jean Spradling Hughes as a jury is picked to hear allegations that the basketball star was driving drunk about 3 a.m. Aug. 7.

Alston, 32, was arrested after a Houston police officer noticed his car making an erratic lane change, police have said. He also was driving without his headlights on.

Alston's attorney, Rusty Hardin, said Alston was not intoxicated, and he looks forward to a jury hearing the case.

"I'm also glad we're getting though this before the [basketball] season starts," he said.

A spokesman for the Rockets, Nelson Luis, said the team's management wouldn't comment until the matter is resolved.

A year ago, Alston was arrested after a confrontation with a parking lot attendant in downtown Houston after the attendant had the basketball player's car towed for not paying.

He was found guilty of misdemeanor assault and public intoxication last year, according to court records.

A few weeks later, he was arrested on felony assault charges in New York after a nightclub altercation, but the charges were dropped.

Alston remains free on $500 bond. This season marks Alston's 10th year in the NBA.

http://www.chron.com/disp/story.mpl/chronicle/6071009.html

 

Texas DWI Penalties
Classifications and Range of Punishement for DWI Conviction


DWI, 1st Offense: Class B Misdemeanor in Texas
Fine - A fine not to exceed $2,000.
Jail - Confinement in the County Jail for a term of not less the 72 hours nor more that six (6) months. Open Container - If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail.

Community Service - Texas law mandates that a judge order not less than 24 hours nor more than 100 hours.

Absent unusual facts, most persons convicted of a first offense DWI are granted community supervision ("probation") of any confinement ordered. The general length of DWI probation is from 1-2 years. There are also conditions of community supervision ordered that are fairly standard in most courts. Typical conditions imposed are:


Drug/Alcohol Evaluation - A person convicted of DWI will be required to submit to evaluation for probability of committing DWI in the future and/or to disclose a potential problem with alcohol or drug abuse. If a problem is detected, additional terms and conditions of probation are ordered to be administered through the Community Supervision Department.


Attend and complete an approved DWI Education class within 180 days from the date of conviction (Satisfying this requirement will avoid the one (1) year drivers license suspension, unless if you were a minor (under 21) at the time of the offense.)


Attend and complete a Victim Impact Panel. This is a forum that presents victims of drunk drivers to address persons convicted of DWI and warn of the dangers and perils of driving while intoxicated.


Work faithfully at suitable employment, commit no other crimes, remain at the same residence and employment unless notification is given to the community supervision officer, report monthly to the supervision office, pay all fines and costs in a timely manner.


Pay a monthly supervisory fee. Perform a specified hours of community or volunteer service.

NOTE: If convicted, you will be given an Order Granting Probation. This Order will be specific and unique to your case and fully sets forth the terms and conditions of your probation which apply to you. It is the blueprint for your probation.

Additional Conditions of Probation that may be Ordered:

If your case presents unusual facts (accident, alcohol problem, prior alcohol contacts, bad driving record etc.), additional conditions may be ordered. Most conditions are designed to address a problem that appears from the facts or alcohol/drug evaluation that is performed on the subject after conviction. Again, a specific order is given after each conviction. The following list is only a general discussion of conditions that have been imposed in some DWI cases in my experience and may not apply to you.

Ignition Interlock Device - This provision requires that you install and maintain a device on any car which you intend to drive during probation. The device requires a breath sample before it will allow your car to start. Some devices require periodic breaths while driving. This condition is sometimes recommended after an unfavorable drug/alcohol evaluation during a first-offense probation, and is almost always ordered as a condition of bond on a subsequent offense arrest.

Alcohol Treatment - Attendance at AA or other counseling programs offered through the probation department. In extreme cases outpatient programs may be ordered. This condition is recommended after an unfavorable drug/alcohol evaluation.

Consume no alcohol - Most courts require that a person not consume any alcohol during probation. This provision is monitored by periodic and random urinalysis at the probation office. Some courts will not even allow a probationer to enter a bar, tavern or lounge where alcohol is sold and consumed.

Confinement - Again, in some extreme circumstances, the Court may order that a DWI offender serve confinement in the county jail as a condition of being granted probation.

Restitution - If there was an accident followed by a DWI arrest, and if your insurance company has not paid damages to the other party, restitution of any unpaid amounts will be ordered by the Court as a condition of probation.
Enhanced Penalties - (Prior alcohol or drug related criminal history) - Under Texas law, if it is shown that a person has been previously convicted of DWI, the punishment and penalties after conviction are increased or enhanced. The prior DWI conviction must have occurred within ten (10) years of the present arrest for DWI. Additionally, if a person has any prior DWI conviction within the previous ten year period (measured from dates of arrest), the State is then allowed to use any prior DWI conviction since obtaining a drivers license to enhance the accusation to a DWI, third offense. NOTE: Texas can use prior convictions that have occurred in other states for enhancement of punishment.