DWI in the State of Texas

DWI in the State of Texas

It is unlawful to operate a motor vehicle with a blood alcohol content of.08% or greater in all fifty states. If a police officer has reason to believe that you are driving under the influence of alcohol or drugs, then he or she will pull you over in a traffic stop. In the state of Texas, drunk driving is called driving while intoxicated, or DWI. It means the same thing as DUI, and the terms are used interchangeably in the United States.

Being arrested for DWI is not limited to alcohol intoxication; a person can be arrested for DWI when they are operating a vehicle while under the influence of both legal and illegal drugs. In fact, there are a number of prescription medications that can have a drastic influence on someone's ability to drive. Any drug that causes drowsiness can cause someone to fall asleep at the wheel and subsequently cause a traffic collision.

In the state of Texas, most first DWI's are categorized as a Class B misdemeanor offense. Absent any unusual facts or aggravating circumstances, most people convicted of first time DWI face up to $2,000 in fines, up to six months in jail, and up to 100 hours of community service.

In some cases the person will not go to jail after a first DWI offense and will receive probation lieu of jail time. When this happens there are generally conditions that have to be met by the offender. Such mandatory conditions may involve participation in an alcohol treatment program, they may be ordered not to consume any alcohol, they may be ordered to pay restitution to an insurance company or damages to the other party (if there was an accident).

For a second DWI offense, it is categorized as a Class A misdemeanor and is punishable by up to $4,000 in fines, up to one year in jail, up to 200 hours community service, and from 180 days to 2 years driver's license suspension.

For any third DWI offense, the penalties become much greater. A third DWI is prosecuted as a third degree felony. It is punishable by a $10,000 fine, from 2 years to 10 years in prison, up to 600 hours of community service, and up to 2 years driver's license suspension.

DWI penalties are not the same in every situation. Depending if there was any property damage, or if there was any bodily injury involved, a person can face enhanced penalties. Being arrested for DWI can be very stressful to say the least; however, an arrest does not have to turn into a conviction. You can fight your charges in court, and an experienced DWI attorney will be able to help you do just that. It is possible to challenge your traffic stop, the arrest itself, and any evidence collected at the scene. Law enforcement officers are not perfect and they are prone to error at times. It will be the job of a skilled attorney to pick apart the evidence against you and search for any errors made by law enforcement. To start taking action now to protect your legal rights, contact a DWI lawyer today!           

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A Few Guidelines On How To Choose The Best DWI Attorney

A Few Guidelines On How To Choose The Best DWI Attorney

A DWI attorney is a kind of lawyer that specializes in representing people who are accused of a DWI or DUI case. When you're caught with this type of case, you need to get help from the best DWI attorney in your area so that you can make sure that your interests are best represented in court so that you can lessen the sanctions that you're going to face after trial. Some of the most important things that you need to do so that you can make sure that you choose the best lawyer include: doing research, looking for referrals, and interviewing different prospective lawyers.

In order for you to spot the best DWI attorney in your state, you first need to understand the fact that you're looking for a criminal attorney. This type of attorney is a specialized criminal lawyer that serves to defend people who have been accused of DUI crimes. Most of criminal attorneys have their practice focused on only one kind of crime or a few types of cases. When you look for a lawyer, make sure that you get one that has a really good record when it comes to representing people with DUI cases.

You can start your search by calling your local bar association. The American Bar Association is a group of professional lawyers and attorneys who are licensed to practice in the U.S. Each state has its own Bar Association and they can provide you with a list of referrals for different attorneys in your area who specialize in DUI. Once you get your hands on a list of attorneys, you can now do research on each one of them. Look for their names so that you can find out if they have published posts in legal journals or if they have worked on highly publicized cases in the past. You should also check with your local county's clerk office or state disciplinary committee so you'll know if any of them has been sued for malpractice before. You want a lawyer with a good reputation, preferably someone who's highly respected in the field of DUI defense.

After you cut down your list to well-respected lawyers, you can start calling each one of them. Most lawyers offer a free consultation. Speak to all of them if possible. If you talk to different lawyers, you can decide which one among them will able to best represent your interests. During your consultation, ask the lawyer how he's going to defend you.           

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Texas DUI Attorney

Texas DUI Attorney

Texas DWI Law

Driving under the influence and driving while intoxicated are considered crimes in the state of Texas. This means that if you operate a motor vehicle in a public place while intoxicated, you can face penalties that include fines, jail time, and other punishments that have the power to negatively impact your life for a long time. If you want to avoid these penalties, it is wise to contact a Texas DUI attorney immediately after you have been arrested for a DUI offense. Having a skilled Texas DUI lawyer represent you is the best chance you will have for being able to successfully defend yourself against DUI charges so you can move on with your life and avoid the harsh consequences of such a conviction.

Texas DWI Laws and Definitions

When you are arrested for a DWI offense in Texas, two cases are triggered against you. One is the criminal case where you will face criminal charges and steep penalties. In this case, a prosecutor will try to show that you are guilty of a DWI offense. If you are convicted, you may be sentenced to jail time, fines, and other penalties. The second case is an administrative case where Texas's licensing agency will attempt to suspend your license for refusing to submit to chemical testing or for taking a chemical test and failing. The administrative penalties will depend on whether you have any prior DWI offenses and any factors that may make the penalties more severe. When it is time for you to face your administrative hearing, having a Texas DUI lawyer to handle your case can be an important factor in whether or not you can save your driving privileges. A skilled Texas DUI attorney is experienced with both the criminal and administrative aspects of a DUI case and will be able to come up with a strategy that gives you the best chance of keeping your driver's license.

If you have operated a motor vehicle in a public place in the state of Texas while intoxicated, you will be arrested for DWI and you will face all of the criminal penalties associated with such an offense. This offense is classified as a Class B misdemeanor and carries criminal penalties based on the number of prior offenses and any special circumstances in your case. Because this offense is a crime, the prosecution must prove your guilt beyond a reasonable doubt. To do this, the prosecutor must prove several elements in your case. It must be proven that you were operating a motor vehicle in a public place while intoxicated. Texas law defines intoxication in two different ways. One is not having the mental or physical capacity you normally do as a result of consuming alcohol or drugs. The other is having a blood alcohol concentration level of 0.08% or more due to the consumption of an intoxicating substance. Even if the substance is legal, such as a prescription drug, it does not excuse you from operating a vehicle while intoxicated.

Texas DWI Criminal Penalties

The penalties for a DWI conviction in Texas increase with the number of offenses you've been convicted of and any special circumstances. For a first offense, the penalties are a fine of not more than $2,000, not less than 72 hours and not more than 6 months of jail time, and not less than 24 hours and not more than 100 hours of community service. If you had an open alcohol container in your vehicle, the jail time increases to 6 days. Unless you have aggravating circumstances involved in your case, you will most likely receive a sentence of community supervision for a first offense. Second and subsequent offenses carry penalties that include steeper fines, more jail time, and more punishments designed to prevent repeat offenses. The court must also require an offender to install an ignition interlock device in any vehicle they own for a required period of time. Enhanced penalties are available if you have an extremely high level of blood alcohol content or if there are other aggravating factors present.

Texas Driver's License Penalties

You will also face administrative driver license penalties if you are arrested for a DWI offense in the state of Texas. An ALR suspension will take effect if you are arrest for DWI. Many drivers do not realize that their arrest triggers not only a criminal case but an administrative case when arrested for DWI. This ALR suspension takes place when you have refused a chemical test or you have taken a chemical test and failed with a result of more than the legal limit for blood alcohol concentration. Texas is one of the many states with implied consent laws. The concept of implied consent means that, just by using any roadway in Texas, you are implying your consent to chemical testing if arrested for DUI. If you refuse to submit to chemical testing, you will face additional penalties and the loss of your driving privileges.           

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How Much Does a DWI in Texas Actually Cost?

How Much Does a DWI in Texas Actually Cost?

If you've driven down Barton Springs Road in Austin, you may have noticed a billboard sponsored by the Texas Department of Transportation. The billboard claims that a DWI could cost you $17,000 and directs readers to the website whosdrivingtonight.com. On the website, viewers can watch a YouTube video that illustrates through social media how an unnamed woman racked up $17,422 in debt from one night of drinking and driving.

But several Austinites have questioned the validity of the $17,000 price tag that TxDOT assigns to DWIs-enough, in fact, to prompt PolitiFact to research the true cost of driving drunk. Sure enough, the data that TxDOT relied on to create the billboard was taken from interviews with 30 people-a random assortment of DWI offenders, prosecutors, DPS employees, and more-rather than concrete data.

The video from whosdrivingtonight.com shows a brief overview of where the $17,000 went, from the tow truck to bail and lawyer payments to a license fee. It also shows other non-monetary losses that the woman suffers, like missing out on a lake trip with friends, being dumped by her boyfriend, and getting fired-all of which, of course, are not guaranteed by a DWI.

PolitiFact found that a more accurate average of the cost of a DWI would be around $13,000. However, there are dozens of variables that even that number doesn't account for. Attorney fees, fines, and insurance rate adjustments can vary greatly from case to case. Additionally, a University of Texas mathematician who contributed to the research claimed that an accurate average cost could only be determined on a regional basis, since attorney payments and court fees fluctuate depending on where the incident occurs.

Furthermore, even the label of "DWI" could refer to an incident involving a first-time offender who didn't cause a collision or injuries, or a fourth-time offender who caused a three-car pileup. Obviously, the price tags for these two cases would be drastically different. For the former offender, the total for a lawyer, court fees, fines, and other costs could stay in the $6,000 range.

The message at the end of TxDOT's video is valuable: designate a driver, and avoid spending money on court costs, towing and impoundment, and alcohol education. However, perhaps it would be more persuasive if the number displayed on the billboard reflected a more conclusive study on the cost of drinking and driving. A DWI charge will inevitably take a chunk out of your paycheck, but slapping a $17,000 price tag on all DWIs overlooks a myriad of factors that play into each case.           

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Texas DWI Defense Attorneys Assist Texas Residents in DWI Cases

Texas DWI Defense Attorneys Assist Texas Residents in DWI Cases

2004 saw nearly 100,000 drunk-driving arrests in the state of Texas-basically, one for every 230 Texas residents. Although operating a vehicle while under the influence is certainly a grave offense, everyone deserves legal defense under the law, and no one should pay time or money for a crime they didn't commit.

Although the legal limit in Texas is 0.08 BAC (blood alcohol content), drivers can still be pulled over for DWI even if their BAC falls within the legal limit if their driving appears to be impaired by drugs or alcohol. In the event that you find yourself pulled over for driving while intoxicated, the roadside breath test is voluntary, and it is never in your best interest to submit to a roadside breathalyzer test; if you submitted to the breath test, however, fret not-there are several legitimate defenses that can be used to impugn the results of a roadside breath test.

The same goes for breath, blood, or alcohol tests after booking. Never submit to an alcohol test of any kind until you've spoken with an attorney qualified to mount a DWI defense in the state of Texas.

The most important thing to remember is this: never, ever admit to guilt or discuss the case until you've spoken with a qualified DWI attorney. The primary aim of a DWI defense attorney is to get the charges dropped; if that proves impossible, the secondary goal is to find a way for you to retain your driver's license-your lifeline to gainful employment. Both of these goals can be jeopardized by admitting guilt, submitting to alcohol test, or spending time discussing the charges with arresting or booking officers.           

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What Are The Charges Against A Texas DWI Offense?

What Are The Charges Against A Texas DWI Offense?

If you are charged with DWI in Texas, then you need to take the services of qualified and skillful lawyer immediately. The DWI offense can have serious repercussions. Apart from losing driving license you have to spend quite a bit of time in jail as well.

The law is taking a serious look at the number of people driving while influenced with alcohol. The driving accidents and deaths involved have made DWI an offense that cannot be overlooked. Texas is one of the foremost states which works to ensure that the streets are safe by making the laws tougher. while there will always be loopholes in the law the victims and their loved ones are satisfied to realize that even if not punished the charges against a drunk driver create enough furor to make the life of the charged difficult.

Hiring a lawyer is an absolute necessity because Texas DWI laws are quite complex and only an experienced lawyer will be able to help you out in this difficult situation. With proper representation not only you can get your driving license back but also you will get a bail from the court. It's the responsibility of your lawyer to check the evidences that is being collected by law enforcement officer. The maximum penalties for DWI in Texas are mentioned below.

If it is your first offense, you can face up to six-month jail, penalty of $2000 and suspension of your driving license for a period of one year. In addition, you also need to attend 12 hours DWI Repeat Offender Program.

In case if it is your second offense, jail term increases to one-year and you have to pay a penalty of $4000 fine. DWI Repeat Offender Program also increases to 32 hours. Your driving license is going to be suspended for 24 months.

There is a provision of ten-year jail term and penalty of around $ 10,000 if it's your third offense. Your driving license also gets suspended for a period of 2 years in the third Texas DWI offense.           

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Texas DWI Laws (Know Your Rights)

Texas DWI Laws (Know Your Rights)

In the State of Texas, if you are charged with a DWI, your license will usually be suspended at the time of arrest. If you appeal this suspension in 15 days, you can get your license back until your hearing, date. At the hearing should request permission to get an occupational driving certificate. You can use this to get back and forth to work. You may also win your appeal and be able to get your license back, but this is rare.

It is a good idea to retain an attorney to represent you in DWI cases. Most people do not realize the serious nature of a DWI charge on your record. A DWI will cost you upfront in fines and suspensions but also, down the road for several years through points on your license. These points will be used by insurance companies to increase your premiums. Over time, you will most likely incur more expense at the hands of your insurance company than you did with the fines. By hiring a lawyer to represent you there is a chance to get the charges lessened to avoid the points on your license. Your attorney may also decide to request a trial if it appears that your rights may have been violated. If your rights are found to have been violated, the charges will almost always be dropped.

DWI is a serious crime and because of the amount of people caught each year, courts are continually becoming stricter on these crimes. No one should ever drive drunk, but if do make the wrong choice you should know your rights.           

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