A driving while intoxicated (DWI) charge has legal consequences that impact your driving privileges, and it can result in fines or jail time. A DWI lawyer from the Law Office of David Reed is able to represent you. Here is more information on what to expect when facing DWI charges:
DWI Charges and Potential Penalties
After an arrest, consult with a DWI attorney as soon as possible to review your case. Understanding the charges and the associated penalties provides you with more knowledge about the potential consequences. DWI charges are impacted by blood alcohol content (BAC), and higher levels are able to change potential jail time.
The standard first charge for a DWI is a Class B Misdemeanor, and a BAC of 0.15% or higher escalates the charge to a Class A. With an Adult DWI, this results in fines up to $2,000 and jail time between 72 hours and 180 days. You may also have to pay for an ignition interlock device on the vehicle. DWI penalties increase with multiple offenses, with a third offense resulting in a felony. In Texas, sleeping in the car with access to keys can also result in an arrest, as the laws include whether you had physical control of the vehicle while intoxicated.
Convictions are added to a criminal record, which sometimes impacts professional licensing. Nurses, teachers, and commercial drivers are required to report arrests, which is able to make you ineligible for required licenses. An attorney from the Law Office of David Reed can assess whether you qualify for an Order of Nondisclosure; this is a court order that seals DWI records from background checks.
ALR Hearing and License Suspension
A DWI charge can result in a suspended license if a chemical test confirms that the driver had alcohol or if the driver refused to take the test. For a first offense, the suspension is able to last up to a year. Test refusal results in a license suspension of up to 180 days, while a test failure means a license suspension for 90 days. After an arrest, you have 15 days for an administrative license revocation hearing. If you miss the deadline, the result is that your license is automatically suspended. Driver’s license suspension is handled separately from your criminal court case. Reinstating the license requires meeting eligibility requirements and submitting documents.
Make sure to request your arrest paperwork immediately after being released, and take the paperwork and citation to your attorney. A lawyer assists with legal filings and represents you in court hearings associated with license reinstatement. The Law Office of David Reed also helps you petition the court for an Occupational Driver’s License so you are able to drive for work.
Case Examination
A defense attorney analyzes the circumstances around your arrest to find the appropriate course of action. Possible outcomes include dismissal of the charges or negotiating a plea bargain; these help reduce penalties or charges. A lawyer reviews police reports and testing procedures to support the defense.
The results of a breathalyzer test may be used as evidence, and the attorney assesses whether calibration issues and operator errors were present. This allows your lawyer to challenge the admissibility of this evidence. They also assess whether the police followed correct procedures during the arrest and honored constitutional rights. Violations of your rights or procedural errors impact your case. These may result in the charges being dismissed or reduced.
Your attorney works to build a strong defense. Depending on the state, a driving under the influence case can last up to two years, and your attorney will represent you throughout that time. The Law Office of David Reed will work to expedite your case, assisting you with the different procedures and representing you in court appearances.
Appeals Process
A lawyer assists you with the appeals process, which is a claim that there were issues with the trial. The attorney identifies specific grounds for their argument to demonstrate the eligibility of the appeal; these include:
- Evidence that should not have been admitted during the trial
- Errors in how the sobriety tests were conducted
- Procedural issues with the initial traffic stop
Your lawyer files a notice and then a brief that specifies the legal mistakes made during the trial. The court reviews the records and makes a decision about whether the law was supported during the proceedings. This can result in the conviction being adjusted or overturned.
Consult a DWI Lawyer
Consulting with an attorney as soon as possible after an arrest helps you navigate the legal process and protect your rights. Texas follows a zero-tolerance policy for minors, and a defense attorney can assist with underage DUI cases. We are knowledgeable about DUI laws in Texas and how the local courts operate. To meet with a DWI lawyer, contact the Law Office of David Reed for a free consultation.