You are driving while intoxicated (DWI) is the procedure of operating a motor vehicle in a public area. If you have alcohol or drugs in your system, cannot utilize your mental or physical facilities typically, or if your blood alcohol level is at least 0.08, according to DWI lawyers, you are considered drunk.
The most contentious question in a DWI arrest is how to define intoxicated. Their trial Dallas DWI lawyers are skilled in cross-examining state witnesses and carefully reviewing the facts related to this specific technical issue.
The police will ask DWI lawyers to complete field sobriety tests and a breathalyzer or blood test. You can decline any field sobriety tests as well as the breathalyzer and blood test. You may be sure the law firm will videotape you using an in-car recorder. In court, whatever you do or say could be used against you.
It has been discovered that field sobriety tests do not provide reliable assessments of intoxication. These standardized examinations, which must be given by the National Highway Traffic and Safety Administration guidelines, can be failed for various reasons.
As criminal defense attorneys taken during your arrest, these steps will be closely examined by their criminal defense lawyer.
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Texas Penal Code for Drunk Driving (DWI)
Section 49.04 of the Texas Penal Code defines driving while intoxicated (DWI) as being
“driving a car while inebriated in a public area.”
Section 49.01 of the DWI Texas Penal Code defines being intoxicated to drive while intoxicated as either:
- Due to the entrance of alcohol, a controlled substance, a dangerous drug, a mixture of two or more of those substances, or any other sense into the body, not being able to use their mental or physical faculties as they usually would; or
- having a 0.08% or higher alcohol concentration
Investigation of a DWI lawyer
A DWI case can be approached in a variety of ways. As a former prosecutor and Dallas DWI lawyer, Isenberg knows how the legal system functions and the best approaches to use in DWI lawyers’ cases.
Whether the police had an excellent basis to stop your car or had sufficient grounds to conduct the arrest is one of the first things they look into. The case probably won’t hold up without adequate justification.
They also check for violations of Texas and National Highway Traffic Safety Administration (NHTSA) guidelines when conducting breathalyzer and blood tests. The evidence will be deemed invalid if they prove that the field test did not adhere to NHTSA requirements.
Read this: HOW TO START A DELAWARE CORPORATION
Criminal defense attorneys will attempt to find any weaknesses in the State’s case and use them to develop a strong defense, including questionable toxicological findings, personal injury, and video footage that conflicts with police reports or testimony.
Effects of Blood Alcohol Content (BAC) on DWI Charges
Blood or breath tests used to measure your blood alcohol concentration (BAC) at your arrest are used to assess if you were driving while intoxicated in Texas. The amount of alcohol drunk, the types of drinks consumed, a person’s gender, and even their physical weight can all impact their blood alcohol content (BAC).
According to the Texas Penal Code, the State’s BAC limits are as follows: Over the age of 21: 0.08% 0.04% of commercial drivers are under 21.
Penalties for drinking and driving in Texas
According to the number of prior DWI convictions and any pressing circumstances surrounding the arrest, acknowledged by DWI lawyers, Texas DWI law assigns and enhances penalties for adult DWI convictions (over 21 years of age).
The sentence for a DWI conviction in Texas can be increased if there is a child under the age of fifteen in the car, there is an open container, or if you cause harm to another person.
The fact that Texas does not have a look-back period for DWI is also significant to note. This implies that each offense can be used as an initial charge and remains on your record for life. The sentence listed here does not account for any other aggravating circumstances that could change the crime’s classification (such as having a child in the car or a firearm).
Seasoned Dallas DWI lawyers
Recognize that your Dallas, tx, DWI lawyer’s experience is crucial while choosing legal representation. How your DWI case is handled will affect your future, impacting its result. Being supported by Texas Board Certified Criminal Law Specialists can make the difference between a favorable outcome and a poor one.
Many DWI lawyers at Dunham & Jones spent years honing their courtroom techniques as assistant district prosecutors. They are familiar with the procedures of the criminal justice system and can use them to their advantage.
Defeating Dallas County DWI Charges in the Past
In defense of DWI, drunk driving, and alcohol-related crimes, Dunham & Jones has amassed a highly successful track record of acquittals, dismissals, and reductions. Although every client’s situation is unique, it should be noted that the criminal defense lawyers at Dunham & Jones always aim to get your DWI charge in Dallas County, Texas dismissed or reduced to a traffic ticket.
Penalties in Texas for Repeat DWIs
As was already established, charges for a second and subsequent DWI are more severe than those for a first-time offender. Whether you are charged with a second or third DWI will affect the punishment you could get.
A second infraction The following punishments are associated with DWI, a Class A misdemeanor:
- $4000 in fines maximum
- 30- to 1-year prison sentence
- suspension of the driver’s license for up to a year
- additional $3,500 in fines for offenses committed within three years of the prior
- A third infraction, DWI, is a felony of the third degree and is punishable by:
- $10,000 in maximum fines
- 2 to 10 years behind bars
- suspension of the driver’s license for up to two years
- additional $3,500 in fines for offenses committed within three years of the prior
Dallas County, Texas, DWI penalties are severe.
A DWI, DUI, or BUI offense in Dallas County can have serious repercussions. You could lose your driver’s license, see a significant rise in auto insurance premiums, incur hefty penalties and legal fees, pay a $3,000–$6,000 driver’s license surcharge, and even go to jail.
Don’t let chance determine your future. Choose the Dallas DWI lawyers that will advocate for you. They will provide an initial free consultation. Dunham & Jones will fight to have your charge dropped or reduced. If successful, you might even be able to have your fingerprints and arrest history erased!
You can call them to discuss how DWI lawyers will handle your DWI in Dallas County, Texas, and don’t let this arrest record impact your employment or future.
Since 2003, the Texas Department of Public Safety has been permitted to impose a premium on drivers with licenses that have been suspended due to arrests for drunk driving. This fee may be between $1,000 and $2,000 annually for three years.
Depending on your circumstances, you might have to pay $6,000 to keep your license. You now understand why contesting your license’s suspension is crucial.