How to Handle a DWI in Texas Choosing The Right Dallas DUI Attorney to Take Your Case Who you choose as your Dallas DWI attorney is of the utmost importance. Being arrested for a DWI can be a traumatic and frightening event that can leave your mind cluttered. An excellent resource is the Texas bar association, where you can get a list of Dallas DWI lawyers, as well as their credentials. Once you have a short list, your next job is to call a few attorneys and briefly
discuss
your
case. You can often get a feel for whom you will work well with from a phone call, but it is always best to meet in person before hiring someone to defend you in a criminal case. We are open to setting appointments with those who live in the 50+ counties (Arlington, Frisco, Irving, Plano, etc.) throughout Texas.
At a meeting with a DWI attorney in Dallas, ask him or her about their victories and how long they have been practicing. Be wary if they seem to promise you outcomes that seem too
good to be true for your situation and know that up front honesty regarding the uphill battle you may face is a sign of true integrity. Also, a good rapport with your attorney is imperative. You will be spending a lot of time together as he or she investigates your case and prepares a defense. Most importantly, know that you are not alone when facing DWI charges and that there are professionals who can help. Call a DWI lawyer in Dallas today to find the help you need.
Dallas ALR Hearing Once served with notice of suspension, it is imperative that you request an ALR hearing within 15 days. If you fail to do so, your license will be suspended 40 days after notice was served. Please contact us immediately after your arrest and we can request the ALR hearing.
The loss of a driver’s license is a serious issue and can have negative repercussions on your life. Every effort will be made by our Dallas DWI attorney to prevent your license from being suspended. Our initial aim will be to have the charges dropped. If this is not possible, however, we will aim to minimize the consequences as much as possible.
Defending your DWI Charge Just because you are charged with a DWI does not mean you will be found guilty. Actively learn more about your rights and what steps should be taken in case of arrest. Defending your DWI starts with poking holes in the prosecution’s case and targeting the arresting officer’s report and the blood and/or Breathalyzer samples that were taken. What you don’t know is that the blood and breath tests can be contested. Breath test reports and blood rest results can be challenged for a variety of circumstances. The officer’s arrest can even be contested. According to Texas law, you cannot be pulled over for a DWI unless there is reasonable suspicion. If you are driving without disobeying any laws or regulations and there was no reasonable suspicion for you to be pulled over, the arrest can be challenged
Free Consultation During your FREE DWI Consultation we will examine the details of the case and advise you of your options. Hiring a proficient DWI lawyer in Texas can help put your mind at ease, knowing you have a professional protecting your rights.
When you come to your DWI consultation make sure you bring your completed Intake Questionnaire (emailed to you when you schedule your appointment) and all paperwork you have that relates to your DWI arrest. Failure to bring the necessary information will hamper our ability to determine how we can help you and fight your case.
At the free consultation, we will answer any and all of your questions. We understand this can be a difficult and confusing time. You may have questions such as: What is the cost of going through the DWI process? What are the DWI Legal Fees? Will I lose my license? Will I have to go to Jail? Will I be on probation or need to do community service? If arrested for Dallas DWI you will be better off using an attorney rather than going at it alone. Remember, an arrest does not automatically mean you will be convicted or lose your drivers license.
It is also important that if you have been arrested for a DWI that you request an ALR hearing within 15 days of your arrest. Failure to request this hearing will mean that your license will be suspended.
A Summary of DWI Infractions in Fort Worth While everyone knows what a DUI is, they may not be familiar with the more general term “DWI.” The acronym stands for “Driving While Intoxicated,” which includes alcohol in addition to any other drugs that could impair you: marijuana, MDMA, LSD, cocaine, even sleeping pills like Ambien. All forms of DWI are illegal by statute in Texas and Fort Worth.
While the only roadside test for intoxication deployed on Texas roads is the breathalyzer, the officer can order a blood test if he or she believes you are impaired by another drug. While you can refuse to the blood test, in most cases, the penalties for doing so are greater than penalties of incurring a DWI itself. In the case of drivers under 21, any level of alcohol found in the blood is enough for a DWI conviction.
Even so, breathalyzers and devices used for blood tests may not be calibrated properly, which may be used as a DWI defense. Employing a Fort Worth DWI Attorney can help you mount a legal defense. No matter what the situation, the best thing a person charged with a DWI can do is hire a competent DWI lawyer.
Common Penalties for a DWI in Dallas Whether you are a first-time offender or not, a DWI charge in the state of Texas can be a frightening experience as you wonder how it will impact the rest of your life. Although it is considered a Class B misdemeanor, it is still a criminal charge with serious consequences. Hiring an experienced Dallas DWI attorney to represent you in a case like this is key to your case and an honest attorney will educate you on what you are up against.
There are different penalties depending on whether this is your first time charged and convicted for a DWI offense. If it is your first time, you may be forced to pay a fine of up to $2,000 and also face the possibility of a jail sentence that can be a minimum of three days, but a maximum of 180 days. You can also lose your license from 90 days to a year.
While the legal limit for Blood Alcohol Concentration in Texas is .08%, if your BAC was .15% or more, you face the possibility of being tried as a second-time offender and if convicted, that
can
come
with
even
harsher
penalties. Your fine can be much more steep and as high as $5,000, and you face the possibility of anywhere from 30 days to one year behind bars. Your license can also be revoked for as little as six months and as much as two years. A second time offender charge is also classified as a misdemeanor and not a felony, but a DWI attorney in Dallas is just as critical and necessary.
A Texas DWI charge is a serious matter that requires serious attention no matter how severe. For the help you need in court, call a DWI lawyer in Dallas today.
Frequently Asked Questions (FAQs) 1. What happens if I refuse the breathalyzer test? You are facing a potential 180 license suspension which can be challenged in the ALR hearing.
2. What happens to my Texas driver’s license after a DWI?
Your license will likely be taken by the arresting officer and a temporary license will be issued for a limited time. You must request a hearing within 15 days of arrest to contest your license suspension. If you are located in Fort Worth, contact us to speak with our Fort Worth DWI lawyer about the details of your case.
3. What are the penalties for a 1st time DWI?
$2,000 - $4,000 maximum fine
Up to one year in jail if your alcohol concentration is .15 or higher
Up to 6 months in jail if your alcohol concentration is .08 or higher
Suspended driver’s license for up to a year
A DPS surcharge of $1000 - $2000 per year for three years to keep your driver’s license
4. What is a DWI Surcharge?
A DWI surcharge is a fee assessed by DPS every year for 3 years to keep your drivers license. The surcharge ranges from $1000 - $2000 per year depending on various circumstances
5. Is it possible to get driving privileges if your license is suspended?
Yes, you can apply for an occupational license. An occupational license can be used for going to school, work and other essential household needs. You can drive with the license up to 12 hours a day, with a limit of 60 hours per week.
6. Can I be convicted of a DWI driving another vehicle?
Yes, under Texas law you may get a DWI for driving a boat or a golf cart, for example.
7. Will I go to jail for 1st time criminal DWI?
Under Texas law, jail time is a penalty for a DWI. However, if this is your first time, it will likely be probation. The probation may be tied to a suspended jail sentence that you will receive if you violate your probation terms. We know there are many Dallas DWI attorneys for you to chose from, so we appreciate you taking the time to contact us to help you understand the details of your case.
8. How long does DWI conviction stay on my record? Can it be expunged?
A DWI conviction stays permanently on your record. A DWI arrest may not be expunged unless you are found not guilty or the case is dismissed.
Why Do I need a Dallas DWI Attorney? Can’t I save money and fight this conviction myself? As always you can fight a DWI conviction yourself, but is it really worth the risk? Our Dallas DWI attorney has experience and expertise in this matter. While we cannot guarantee we can get you a not guilty verdict in your case, we can give you a guarantee that you have a better chance of winning or getting a favorable plea deal or sentence with an attorney. We have experience negotiating with prosecutors and appealing to the judge and jury in explaining your case; experience that can only be gained by working years on DWI cases.
DWI Process: What would happen? In Texas, a DWI is considered a misdemeanor. When you arrested, you will be given a date to return to court. This date will usually be 30 days after your arrest.
The first appearance in court is referred to as an arraignment. The accused will be formally made aware of what the charges are. The district attorney will have filed a complaint with the court and this will given to the accused. Around this time further details relating to the case will be made known. These might include police reports, witness statements and lab reports.
Many people will enter a guilty plea at this stage in proceedings as they feel this will make the judge happy and therefore he will be more lenient with regards to the case. This is usually not the case. The help of an experienced lawyer can be invaluable in this type of situation. If you do plead guilty you may be sentenced immediately. It is always recommend to consult with your DWI lawyers for your defense strategy.
If a guilty plea is not entered after the first appearance, then the case will get ready for trial. Before trial there is usually a pre-trial conference. At this conference, the Fort Worth DWI lawyer will discuss with the District Attorney if there is a plea deal that can be made. If a plea deal, in your best possible interest, cannot be made there may be a suppression hearing. This hearing is before trial and is where the attorneys can make evidence not be admissible at trial if the collection of evidence has violated your constitutional rights. For example, evidence may not be admissible if there was no probable cause or reasonable suspicion when the officer pulled you over on the night of the arrest.
After the hearings, a trial will occur. The trial can be either a bench trial or a jury trial. During trial, the Dallas DWI attorney will try to make holes in the Prosecutors defense and show that there is reasonable doubt as to your charge of driving under the influence. The Dallas DWI attorney has knowledge and expertise to show a judge or jury there is reasonable doubt and you should be found guilty.
After the sentence is brought down, a final sentencing hearing will occur. The sentencing will outline the punishment if found guilty of the DWI. The sentencing will outline both monetary penalties and any jail or probation time required.
If a plea deal is made before trial, a sentencing hearing will also occur. At this time, the judge will determine if the plea bargain is acceptable and if there are any other conditions imposed. These conditions can be fines, probation, and/or education cases and community service.
In addition to the criminal DWI charges above, in Texas something known as an Administrative Suspension law is in operation. When the notice of suspension has
been made you cannot challenge a license suspension unless you request a hearing within fifteen days of when the suspension has been issued. The time of arrest is usually when this happens. The DWI lawyer should make the hearing appointment if you have one. Some of the language and terms used at these hearings can be quite technical so an experienced DWI lawyer can be of vital importance here.