Facing a first-time DWI (Driving While Intoxicated), also known as DUI (Driving Under the Influence) charge in McKinney, TX can be overwhelming and stressful. This is a serious offense, but it's important to remember you have rights and options. Underwood & Associates is here to help you navigate the legal process and fight for the best possible outcome in your case.
DWI vs. DUI Explained
While the terms DWI and DUI are often used interchangeably in many parts of the country, there's a crucial distinction in Texas law.
- DWI (Driving While Intoxicated): This is the legal term used in Texas to describe operating a vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher. It also applies to driving under the influence of drugs, including prescription medications that impair your ability to drive safely.
- DUI (Driving Under the Influence): In Texas, DUI specifically refers to drivers under the age of 21 who have any detectable amount of alcohol in their system. This zero-tolerance policy means that even a small amount of alcohol can lead to a DUI charge for minors.
If you're facing a DWI or DUI charge in Texas, it's crucial to seek legal counsel immediately. An experienced DWI defense attorney can help you understand your rights, build a strong defense, and work towards the best possible outcome for your case.
Penalties for a First Time DWI Offense
A first-time DWI offense in Texas is considered a Class B misdemeanor. However, the severity of the penalties you face can vary depending on your Blood Alcohol Concentration (BAC) level at the time of arrest. Here's a breakdown of potential consequences:
License Suspension and Potential Impoundment
Your driver's license could be suspended for up to one year, and in some cases, your vehicle may also be impounded. The length of the suspension and impoundment can vary depending on the circumstances of your case, including your BAC level and whether you caused an accident.
Fines and Court Costs
You can expect to pay fines ranging from $2,000 to $4,000, and additional court costs will also apply. These fees can quickly add up and have a significant financial impact on you. It's essential to consider the potential financial consequences of a DWI conviction when making decisions about your case.
Jail Time and Community Supervision
Depending on your BAC level, you could face jail time ranging from 3 days to 6 months. Additionally, the court may order you to serve a period of probation with community supervision. This means that you will be under court supervision for a specific period, and you may be required to complete certain conditions, such as attending alcohol education programs or performing community service.
Alcohol Education Programs
You will most likely be required to complete an alcohol education program at your own expense. These programs are designed to address the underlying issues related to alcohol abuse and to prevent future drunk driving offenses. The specific requirements for alcohol education programs can vary depending on the court's order.
Protecting Your Rights After a First Time DWI Arrest
What to Do After a DWI Stop
Remain Silent: Your Fifth Amendment right protects you from self-incrimination. Anything you say to the officer can potentially be used against you in court. Politely but firmly invoke your right to remain silent. Saying, "I would like to remain silent and speak to an attorney" is sufficient.
Don't Refuse Field Sobriety Tests: While you have the right to refuse a chemical breathalyzer test, refusing field sobriety tests could be misinterpreted as obstruction or guilt. It's generally advisable to cooperate with these tests, as refusing them can sometimes lead to harsher penalties or be used as evidence against you.
Gather Evidence: If possible, discreetly observe and document the events surrounding the DWI stop. Note the time, location, and any unusual circumstances. Try to identify potential witnesses who can corroborate your account. However, avoid being confrontational or argumentative.
Remember, these are general guidelines and specific situations may vary. It's always recommended to consult with an attorney as soon as possible after a DWI arrest.
Why You Need a DWI Defense Lawyer | Underwood & Associates
Facing a DWI charge can be overwhelming, but an experienced DWI defense lawyer can significantly improve your chances of a favorable outcome. Here's how Underwood & Associates can help:
- Reviewing Your Case: We will thoroughly analyze the details of your arrest, including police reports, field sobriety tests, and breathalyzer results.
- Identifying Potential Errors: There might have been procedural errors made during the arrest or investigation. Our lawyers will look for any opportunities to get the charges dismissed.
- Negotiating with the Prosecutor: Our goal is to achieve the best possible outcome for your case, whether that's a reduced charge, dismissal, or participation in a diversion program.
- Representing You in Court: If your case goes to trial, we will provide strong legal representation and fight to protect your rights.
Taking Action
A DWI charge in Texas can have serious consequences that can impact your life for years to come. Don't wait to take action. Contact Underwood & Associates today at (214) 544-8040 to schedule a free consultation with a DWI defense lawyer in McKinney, TX. We understand the complexities of DWI cases and will work tirelessly to defend your rights and protect your future.
