Allen DWI Lawyers
- Shuler Legal Services:
Criminal Law
# DUI
# Drug Possession
# Juvenile Cases
- Hudson, Stephanie:
Driving While Intoxicated (DWI)
A serious crime with serious consequences
A first time Driving While Intoxicated (DWI) is a Class B misdemeanor crime in Texas. Prior DWI convictions can result in the offense being enhanced to a Class A misdemeanor or even a felony offense. Police officers in the State of Texas often take the attitude that if you drink and drive, you are going to jail, even though this is not the law in the State of Texas! If you are violating traffic laws or driving erratically, the police may stop you, question you, and if they believe you have consumed alcohol, the police may ask you to perform one or more field sobriety tests. Even if a police officer asks you to submit to standardized field sobriety tests, you DO NOT HAVE TO TAKE THEM. If you fail these tests, the police will request to take a measurement of your blood alcohol content (BAC). Again, even if a police officer asks you to take a breath or blood test, YOU DO NOT HAVE TO SUBMIT TO THE TEST.
Blood alcohol content
When you consume alcoholic drinks, alcohol is absorbed into your blood stream and can be measured directly with a blood test or approximated with a measurement of the concentration of alcohol in your breath. If your BAC is .08 percent or greater, you are considered legally intoxicated. But even if your BAC is less than .08 percent, you could be found guilty of DWI if the State of Texas is able to prove beyond a reasonable doubt that you lost the normal use of your mental or physical faculties due to the consumption of alcohol. Without competent legal representation to present your case, you could be convicted based solely on the subjective opinion of a single police officer.
Potential penalties for DWI
Serious penalties for DWI may await you, includingÑ
1. Thousands of dollars in fines, fees, and civil penalties
2. Points on your driving record
3. Jail for a minimum of 72 hours for a first offense
4. Jail for a minimum of six days if you are in possession of an open container of alcohol
5. Being required to have an ignition interlock device installed on any vehicle you drive
6. License suspension for a minimum of 90 days to a maximum of one year for a first time offender
7. Completion of a mandatory educational program
8. A $125 fee to restore your license
9. Enhanced penalties for repeat offenders or for refusal to submit to a BAC test
10. A substantial increase in your insurance premium
11. Being prohibited from consuming alcohol, even in the privacy of your own home
Stephanie Duecker Hudson can help you by negotiating to reduce the potential penalties.
What to do when you are accused of DWI
If you are accused of DWI, you are entitled to a trial at which the State of Texas would have to prove your guilt beyond a reasonable doubt.
- Mitch Nolte:
Being charged with DWI in Grayson County, Texas can have serious
consequences for your future if you are convicted of Driving While
Intoxicated. DWI is the only misdemeanor criminal offense for which you
cannot receive deferred adjudication. Moreover, new laws require that
if your license is suspended for DWI, you will be required to pay a
minimum of $1,000 per year for three years just to keep your license.
Because of these and many other extra penalties associated with Driving
While Intoxicated DWI, Mitchell Nolte often advises his DWI clients to
try their case to a jury.
- Stephanie Dueker:
After a defendant has been arrested and may have been released, he or
she is required to appear for an arraignment. An arraignment is a court
appearance in which defendant is brought before a judge or magistrate
and apprised of the charges lodged against him or her. Ordinarily with
respect to a misdemeanor offense, the defendant will only be arraigned
once. However, with a felony offense, the defendant may be arraigned
more than once if the offense is changed from the offense listed in the
initial accusatory instrument.
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