Texas DWI Attorney | DUI Defense Lawyer

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Texas DWI Attorney Serving Bell, Coryell and Lampasas Counties

In Texas and throughout the United States, people can be arrested for DUI/DWI if they are caught driving under the influence of alcohol at or above a level of .08 percent BAC. The limit is lower for commercial drivers (.04 percent) and even lower for those under the legal drinking age (zero tolerance). If you are suspected of driving while intoxicated, a Texas DWI Attorney should be your first call.

In order for law enforcement to pull you over, they must have reasonable suspicion to do so or your traffic stop must be at a designated DUI/sobriety checkpoint. If you were arrested for DWI or drugged driving in the state of Texas, The Carlson Law Firm can help.

What is Intoxicated?

The Texas Penal Coder defines what “Intoxicated” means:

(A) Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

(B) Having an alcohol concentration of 0.08 or more.

DWI Penalties in Texas

The penalties for driving while intoxicated (DWI) differ depending on the nature of the offense as well as any prior convictions. According to the Texas Statutes,

First Offense

  • Fines up to $2,000
  • 180 days maximum in jail, 3 days minimum
  • Driver’s license suspension max 1 year
  • In the three years following a conviction, an annual fee of up to $2,000

Second Offense

  • Fines up to $4,000
  • 1 year maximum, 1 month minimum in jail
  • Driver’s license suspension up to 2 years
  • Ignition Interlock Device (if convicted within five years of prior conviction)
  • In the three years following a conviction, an annual fee of up to $2,000

Third Offense

  • Fines up to $10,000
  • 10 years maximum, 2 years minimum in prison
  • Driver’s license suspension up to 2 years
  • Ignition Interlock Device (if convicted within five years of prior conviction)
  • In the three years following a conviction, an annual fee of up to $2,000

Other Impacts an Austin DWI Conviction Can Have

For a minor misdemeanor DWI, the penalties may not seem all that severe.

It’s important to know that there are long-term consequences that could turn what seems like just a nuisance DWI conviction into a nightmare that never ends. Down the road, your criminal record could influence what kind of job you get, what kind of neighborhood you can live in, and what loans and government programs you qualify for. A DUI Defense Lawyer can discuss these concerns with you.

Were You Arrested For DUI/DWI?

It is most important to remember at this time that, even though you’ve been arrested, you have not yet been convicted of drunk driving. This means that there is still time to defend yourself against these charges and fight the criminal and administrative penalties. A Texas DWI attorney at The Carlson Law Firm can help you in the following ways:

  1. Represent you at the Administrative License Revocation (ALR) hearing to contest license suspension/revocation.
  2. Represent you at your criminal DWI hearing.

There are two sides to every DWI case: the administrative and the criminal. Both are important. The administrative aspect of DWI cases deals exclusively with your right to drive while the criminal aspect deals with your guilt or innocence and potential criminal penalties. Your DUI defense lawyer can help you navigate these waters.

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Defenses Against a Texas DWI Charge

Even when you’ve been pulled over, been given a sobriety test, and submitted to a blood or breath test, that still doesn’t make you guilty of a DWI. What makes you guilty is that you either pleaded guilty to an offense or the prosecution has proven beyond a reasonable doubt in a court of law that you were driving while intoxicated.

For your offense to become a conviction, a jury of twelve people must be convinced that you were driving drunk and must find you guilty. There are many ways to put reasonable doubt in the minds of the jury. One of those ways is demonstrating that sobriety tests aren’t foolproof.

The following are some of the defenses your Texas DWI attorney can use to fight a conviction:

  • Sobriety test issues
  • You weren’t properly Mirandized
  • No cause to pull you over
  • You weren’t intoxicated

What Is Administrative License Revocation

If you have been arrested for DWI, the police officer will serve you with a “Notice of Suspension/Temporary Driving Permit.” The officer is authorized to confiscate your license.

From the date you receive your Notice, you have 15 days to request an Administrative License Revocation hearing on what will otherwise be a mandatory driver’s license suspension. That suspension will last for 90 days for failing a breath or blood test. The suspension goes up to 180 days for refusing to take a breath or blood test. If this is not your first DWI arrest, then the suspension times increase dramatically.

Strong DWI Defense: A Texas DWI Attorney from The Carlson Law Firm Can Help

Many people who are charged with a DWI just assume there is no way to fight it. They think the best they can hope for is a smaller fine or a reduction in the amount of time they lose their license. We focus on defending anyone accused of a DWI. With the right legal counsel, there are other outcomes.

If you’ve been arrested for a DWI in Texas, The Carlson Law Firm has the defense strategies you need to fight a conviction and the penalties. A Texas DWI attorney from our firm could fight to show that your BAC was actually under the legal limit, or negotiate a plea deal for a reduced charge/sentence. To learn more about how The Carlson Law Firm could help you fight your charges, call today for a case evaluation that is confidential and absolutely free of charge. a DUI defense lawyer from our firm is available to speak 24/7.

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