Know Your Rights: What to Do When Pulled Over in Texas
DWI

I Have Just Been Arrested For A DWI In Texas. What Do I Do?

Nobody begins a night out thinking that they will end up with a DWI charge. And yet, this is what often happens. Whether it’s meeting coworkers after work or celebrating a big life event, the influence of a few drinks can sneak up on you, and before you know it, you are headed to the police station facing DWI charges.

A Texas DWI is a serious criminal charge, even if this is only your first offense. Prosecutors take drunk driving seriously, but with the right legal defense, there are ways of getting charges reduced or even getting them dismissed entirely.

If you have been arrested for a DWI in Texas, your first course of action should be to get skilled legal assistance as soon as possible. At Vinas & Graham, PLLC, our team of Houston DWI attorneys is here to help.

What Defines A DWI In Texas?

Unlike some states, a DWI in Texas is not just a traffic violation. It is a criminal offense. If you have a blood alcohol concentration of 0.08% or more, you are considered legally intoxicated. But according to the Texas Department of Transportation, “you are breaking the law as soon as drugs or alcohol affect your driving.”

Unfortunately, it doesn’t take much alcohol consumption to get to a 0.08% BAC or for it to begin to affect your driving behavior.

What Happens In A DWI Stop?

If you are stopped by law enforcement for suspected driving impairment, the officer will be looking for behaviors or other indications that you may have been drinking. You may be asked to perform a few field sobriety tests at the site.

If the officer’s suspicions are confirmed, you will be taken to the police station to submit to further testing, including a breath or blood test. Once your blood alcohol concentration confirms you are over the limit, you will be charged with a drunk driving offense.

Depending on your BAC level and any past convictions, your potential penalties can include license suspension, hefty fines, jail time, alcohol intervention or education programs, or the requirement of an ignition interlock device on your vehicle. In addition, a conviction will leave you with a criminal record that can affect many areas of your life.

DWI Defense Strategies

Fortunately, there are many possible defense strategies available to you, depending on the circumstances surrounding your arrest. Your attorney will look at the factors in your case and develop a tailored defense.

Common drunk driving defenses often include

  • challenging the reliability of the test that determined your BAC
  • challenging whether the officer had reasonable suspicion to pull you over
  • challenging witness or expert testimony
  • other possible lines of defense

Even if you are facing a conviction, a skilled Houston DWI defense attorney should be adept at working with the judge or prosecution to downgrade your charges and arrange creative plea deals on your behalf.

Being charged with a DWI and being convicted are two different things, and there is much a skilled defense lawyer can do in between. If you are facing DWI charges in Texas, the experienced legal defense team at Vinas & Graham, PLLC will work diligently on your behalf. Call us at 719-229-9992 or contact us via our online form to schedule a consultation. You don’t have to face these charges alone.

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