Frisco DWI Lawyers
- Price, Warren:
Why was I arrested?
When an individual is pulled over on suspicion of driving under the influence of drugs or alcohol, he or she may be issued a number of tests to determine sobriety. Among these field sobriety tests are the walk and turn, one leg stand and horizontal gaze nystagmus where the officer tests your eyes.
Unlike blood and breath tests, these so-called sobriety tests do nothing to actually determine an individual's blood alcohol level. Instead, they attempt to test someone's physical abilities.
These tests are administered to build a case against the individual accused of DWI. Even if an individual is not legally intoxicated, a number of factors can cause the "impairment" of one of these tests - flashing squad car lights, bad weather, a person's age and physical abilities, being tired and general nervousness.
Now ask yourself - was your criminal drunk driving arrest legitimate? Was there a convincing reason for you to be stopped? Did the police officer gather evidence through a field sobriety tests? Were you arrested even though you performed the tests as the officer instructed? All too often when a police officer contacts a driver and smells alcohol, that driver is going to jail regardless of how much he or she has actually had to drink.
- Alexander & Associates:
In Texas, you can expect the following penalties for a drunk-driving (DUI/DWI) conviction:
For you first DWI offense:
* Jail time - At least 72 hours and up to six months (six day minimum if an open container was in the car at the time of the arrest)
* Fine - Up to $2,000
* Community service - At least 24 hours and up to 100 hours
* Criminal record - Class B misdemeanor conviction
* Note: In many cases, probation may be granted for a first offense. Terms of probation vary but usually include a drug and alcohol evaluation, attendance at a DWI education class, engine interlock device during probation period, and paid supervision fees.
For your second DWI offense (within 10 years):
* Jail time - At least 72 hours and up to one year
* Fine - Up to $4,000
* Community service - At least 80 hours and up to 200 hours
* License suspension - At least 180 days and up to two years
* Criminal record - Class A misdemeanor conviction
For your third (or more) DWI offense (within 10 years):
* Jail time - At least two years and up to 10 years
* Fine - Up to $10,000
* Community service - At least 160 hours and up to 800 hours
* License suspension - At least 180 days and up to two years
* Criminal record - Third degree felony conviction
In addition to the penalties listed above, a DWI also may result in suspension of your drivers license.
Contact an Experienced Tarrant County, Denton County & Collin County DUI / DWI Defense Attorney
- Biederman & Burleson:
Driving While Intoxicated (DWI) versus Driving Under the Influence (DUI): What is the Difference?
A common question is, "Why did the officer charge me with DWI and not DUI?" An answer to this question must first begin with an explanation of the difference between a DWI and a DUI in Texas.
A DUI (Driving Under the Influence) is a class C misdemeanor. The offense is found in Section 106.041 of the Texas Alcoholic Beverage Code. Essentially, DUI is reserved for minors who have any detectible amount of alcohol in their body.
A DWI (Driving While Intoxicated) is a class B misdemeanor. The offense is found in section 49.04 of the Texas Penal Code. A person can be charged with DWI, regardless of age, if they a) have lost the normal use of their mental or physical faculties or b) have an alcohol concentration over the legal limit of 0.08.
Therefore, in Texas a person may be charge with DUI ONLY if he/she is under 21 years of age and have a detectable amount of alcohol in his/her system. Essentially, if you are under 21 and the officer smells alcohol on your breath then you can be charged with DUI.
However, the office has the OPTION to charge you with DWI regardless of your age. If the officer believes you have had too much to drink, you can be charged with DWI not matter your age.
The difference between DWI and DUI often confuses most people because most states consider DUI to be the bigger drunk driving offense. For instance, in California DUI is the equivalent to DWI in Texas. Most news stations and TV shows refer to drunk driving as DUI, not DWI. In Texas, however, DUI is a minor intoxication offense and DWI in the major drunk driving offense.
- Matlock, Shawn:
We have all seen the billboards around that read ÒDrink. Drive. Go to jail.Ó Mimi Coffey even put up her own billboard arguing against them. For the longest time, I just assumed this was standard scare-tactic propaganda used to frighten people away from ever drinking and driving.
|