Driving While Intoxicated (DWI) is a serious criminal offense in the state of Texas. An offense is committed when someone who has a blood alcohol level of 0.08 operates a motor vehicle in a public place. A DWI charge can also be determined when normal use of mental or physical abilities are altered by alcohol, drugs or a combination of the two.
Having an open alcohol container in a vehicle, whether you’re the driver or the passenger, can lead to a fine of up to $500.
Why You Need An Experienced Houston DWI Attorney
There are certain steps you need to take after you have been pulled over. These steps need to be completed in a timely manner or you will face unexpected consequences. Your attorney can guide you to take care of your necessary responsibilities to ensure your rights are protected.
An experienced DWI attorney can also ensure the proper procedures took place at the time of your arrest. Whether you had lost the “normal use” of your own faculties is a matter of opinion and depends on various circumstances.
When you are arrested for driving while intoxicated, you may be asked to perform a Standardized Field Sobriety Test, or what is known as a roadside/field test. This can include any number of exercises the officer tells you to perform to determine if you are intoxicated. The officer can then take you to the station to get you to submit to a breath test or a blood test.
You may not have been intoxicated, but the officer pulled you over and determined you were anyway. He or she may not have had probable cause to arrest you. It is possible you were not properly informed of your rights before having you submit to a Breath or Blood Test.
You may be able to avoid a conviction for a drunk driving offense, but to do so you should contact a local Houston attorney who is skilled in the processes that need to take place. Your money and future are at stake.
Risking the serious consequences that can potentially take place by taking on the state of Texas yourself or hiring a lawyer without years of experience in DWI law is not in your best interest. Our team can expertly investigate your case to analyze it under the lens of the complicated Texas DWI laws.
There will need to be comprehensive legal research performed using legal resources to properly fight your case. The consequences can vary depending on circumstances and your ability to garner qualified representation.
Risking the serious consequences that can potentially take place by taking on the state of Texas yourself or hiring a lawyer without years of experience in DWI law is not in your best interest.
Some Specific Punishments Faced By First, Second Or Third Time Offenders:
- First-time offense – Possible driver’s license suspension of 90 to 365 days. From 3 to 180 days of jail time and/or a fine of up to $2,000.
- Second-time offense – If this happens within 5 years of the first occurrence of a DWI, punishment can be a year in jail and/or a fine of up to $4,000, with a driver’s license suspension of one year.
- Third offense – If this occurs within 5 years of the prior offense, the accused faces 2 to 10 years in prison and/or a fine of up to $10,000, with a driver’s license suspension of one year.
If you post a bond, judges can place strict limits on your freedom that can include installing a device in your car or in your home that require you to give a sample of your breath several times throughout the day. You may even have to wear a special type of ankle monitor that measures alcohol levels in your sweat. There are a multitude of ways you can lose your freedom.
When an accident has occurred and there is a serious injury because of the intoxication of the accused, a third-degree felony can be the consequence. This may involve serving from 2 to 10 years in jail and a fine of up to $10,000. When a death has occurred because of the intoxication, the resulting imprisonment can be up to 20 years with this second-degree penalty.
There are also consequences that are more permanent in nature. Aside from giving you a permanent criminal record, having to pay so many fines can get you behind on other bills, resulting in a drop to your credit.
This can affect what you can purchase and at what rate. Your car insurance could skyrocket, and you could lose your job. This won’t look favorable when job hunting in the future.
What Can A DWI Conviction Do To Your Life?
The laws have gotten stricter where DWI charges are concerned. Many things are in jeopardy including your freedom, income (whether you can afford it or not), and your obligations.
The consequences of driving while intoxicated are severe and depend on several factors. Your history with DWI’s and your blood alcohol level, when pulled over, are a few of them.
If your blood alcohol level was not within legal limits, you will be dealing with some harsh penalties. Your driver’s license can be suspended which, will affect your commute to work as well as trying to navigate the rest of your life. Jail time is a possibility and you may face very large fines.
One of the technicalities of the law your attorney can help you with is acting to keep your driver’s license. If you have been arrested for drunk driving, you have little time to take action to prevent your license from being suspended.
If you are convicted of a drunk driving offense, you may have to pay the Texas Department of Public Safety (DPS) thousands of dollars to get your license back after the suspension period is over.
You need to request a hearing from the DPS within 15 days or it will automatically be suspended. This will happen regardless of if you are or are not found guilty of a DWI. Only a competent attorney will handle the DPS hearing about your very important Texas Driver’s License in a way that’s advantageous for you.
If you are convicted of a drunk driving offense, you may have to pay the Texas Department of Public Safety (DPS) thousands of dollars to get your license back after the suspension period is over.
Variables Which Affect A Driving While Intoxicated Conviction
Should you plead guilty or not guilty? You’ll have a lot of questions which your attorney can answer for you. Before you enter a plea, you will need to know how to protect your rights and navigate the law.
What occurred the night of the arrest is a crucial piece of the puzzle when your case is constructed. Circumstances surrounding the incident, who was in your vehicle with you, as well as your state of mind, are taken into account. Medical conditions, as well as mental and physical states, can all affect sobriety tests.
Evidence collected at the scene needs to be processed as required by law. Certain procedures need to be followed by the arresting officer for the conviction to remain valid.
What Happens Following The DWI Arrest?
It is important to ask to be able to review the evidence collected against you as soon as possible. This will determine how to defend your case. This is your right and can include video footage, chemical test results or sobriety test results.
Your lawyer will review the evidence and decide whether your case would be best handled by challenging the charge in court or pursuing a plea agreement to lessen the impact of the DWI conviction.
You’ll be facing two separate legal proceedings in the weeks and months ahead. One is for your driver’s license, the Administrative License Revocation Hearing. The other is the DWI Criminal Case where the stakes are much higher. You’ll want to be prepared with the best legal defense to strategize your case.
Contact Us Today To Help With Your Case If You Have Been Charged With DWI in Texas
If you have been charged with a DWI in Houston, contact us today so we can help you with your case. The attorneys at Vinas & Graham have decades of experience dealing with Texas DWI laws & we have assisted many clients over the years who have been charged with driving while intoxicated.
Unless you know the complexities of the law you, will be unable to defend yourself adequately and obtain the best possible outcome for your case. Call our Houston office at (713) 229-9992
