If you have been arrested for driving while intoxicated (DWI), it is important to consult with a criminal defense firm as soon as possible. At Underwood & Associates, we have handled thousands of cases and have vast experience fighting DWI charges. To learn more about your rights and options, take advantage of a free 15-minute consultation over the phone (consultation fee applies to Family Law consultations). After reviewing the specifics of your case, our DWI lawyer in McKinney can determine which defense strategy is right for your situation.
Have you been arrested for a DUI? Call Underwood & Associates today at (214) 544-8040 or contact us online to schedule a consultation with our DWI lawyer in McKinney.
Texas DWI Laws
In Texas, drivers who are 21 years of age or older are considered legally drunk when their blood alcohol concentration (BAC) level is .08% or more. Drivers of commercial vehicles may be charged with DWI if their BAC is at least .04%. If you are under the age of 21, it is unlawful to have any trace of alcohol in your system while driving a motor vehicle.
What To Do If You Get a DWI in Texas
If you are arrested for DWI in Texas, you will need to take the following steps to ensure that your rights are protected:
- Know that you have the right to refuse to take a field sobriety test, but this probably won’t prevent you from being arrested.
- Be polite to the officer, even if you refuse to take a field sobriety test.
- Call a lawyer before giving any statements to the officer; you have the right to remain silent and have your lawyer present when you are interviewed by the police.
Texas DWI Consequences
A DWI arrest is a far more serious matter than receiving a traffic ticket. You must respond appropriately to protect yourself from a series of severe consequences, such as:
- Fines
- Jail time
- and driver’s license suspension
Unfortunately, most people don’t know how to respond to DWI charges. There are several mistakes people make that make conviction much more likely. It is helpful to be aware of these mistakes so you can avoid making them yourself.
Do You Get Enhanced Penalties After Your First Conviction?
A DWI conviction can affect you for the rest of your life. It will show up on a background check with a variety of agencies, including the Texas Department of Public Safety (DPS), permanently. If convicted for a second DWI charge, no matter how much time has passed, the law allows your first DWI conviction to be used to enhance the penalty ranges for the new charge. A third DWI is a third-degree felony.
What Happens on 2nd DWI in Texas
In the event of a second DWI offense (DWI-Repeat Offender), the penalties are severe. As a Class A Misdemeanor in Texas, a second offense of DWI is a criminal offense.
- Penalties: Fines up to $6,000.00 and jail terms up to 12 months are the maximum penalties. It is a permanent offense, carries a 3-day jail sentence (even if probation is granted), and suspends the driver's license.
- Interlock Device: All DWI 2nd charges require an ignition interlock device as a condition of bond. This means that as a condition of release from jail, a person must agree to install a deep lung device in all accessible vehicles.
- Enhancements: DWI charges can also be enhanced by certain factors. The enhancements result in harsher penalties, including longer terms of incarceration, thousands of dollars in fines, and the loss of basic constitutional rights.
How Long Does a DWI Stay on Your Record in Texas?
In Texas, a DWI conviction is a stain that lasts a lifetime unless your record is sealed or expunged. Having a DWI on your record can affect various elements of your life, both personally and professionally. Potential employers, landlords, and even educational institutions routinely conduct background checks. It can also create obstacles in securing employment opportunities and housing, and it may even affect your educational pursuits. The repercussions are serious, making it crucial to address the situation promptly and strategically with our McKinney DWI lawyer.
Protect Yourself With an Experienced Lawyer
The laws pertaining to DWI charges are complex and frequently changing, as is the science of breath alcohol testing devices, alcohol absorption rates, and human metabolism-related issues. You need proven, aggressive, and experienced representation to effectively deal with these issues. If the right defenses and objections are not raised at the right times, they are lost. A good case can quickly become a bad one if you do not have a skillful DWI attorney in McKinney to protect your interests.
In any criminal case, it is you against the state of Texas. The state has nearly unlimited resources when it comes to prosecuting you. It makes sense that you should hire the best, most experienced DWI attorney you can afford. Be realistic. Be prepared to pay a fee that allows your chosen counsel to put forward the necessary time, effort, and expertise to offset the prosecution’s almost limitless pockets. Look for a reasonable fee, preferably set forth in a written contract for representation, not just the cheapest lawyer you can find. In the courtroom arena, just as in every other area of life, you get what you pay for.
Defenses Against DWI Charges in Texas
Some common defenses against DWI charges may include:
- Challenging the Traffic Stop: Law enforcement must have a valid reason to pull you over. If the stop was arbitrary or lacked proper justification, it may be possible to challenge the entire arrest.
- Questioning Field Sobriety Tests: Field sobriety tests are often administered by officers to assess a driver's level of impairment. However, these tests are subjective and can be influenced by various aspects such as weather conditions, physical limitations, or pre-existing medical conditions.
- Contesting Breathalyzer Results: Breathalyzer tests are commonly used to measure blood alcohol content (BAC). Although, these devices are not infallible and can deliver inaccurate results for various reasons, including improper calibration or usage.
- Establishing Rising BAC: The concept of "rising blood alcohol content" is based on the fact that alcohol takes time to be absorbed into the bloodstream. If you consumed alcohol shortly before driving, your BAC might have been within legal limits at the time of driving but exceeded the limit by the time the test was administered.
- Proving Lack of Intoxication: A fundamental element of a DWI charge is proving that the driver was intoxicated. This may involve challenging the observations made by law enforcement officers, such as red eyes or slurred speech, and presenting evidence that demonstrates an alternative explanation for these behaviors.
- Examining Arrest Procedures: Law enforcement officers are required to follow specific procedures during an arrest. Any deviation from these procedures could lead to a dismissal of charges.
- Inadequate Miranda Warnings: If law enforcement fails to provide Miranda warnings during custodial interrogation, any statements made by the accused may be inadmissible in court.
