DWI charges in Texas can lead to potentially life-altering consequences. At True Law Firm, we recognize the seriousness of DWI cases and are dedicated to providing unwavering support and strategic defense. Our experienced attorneys at our drunk driving defense firm in San Antonio, led by Kristian Knapp, possess the knowledge and commitment to ensure the best possible outcome for our clients.
What Is Driving While Intoxicated (DWI)?
DWI, or Driving While Intoxicated, is a legal offense in Texas defined under the Texas Penal Code 49.04. It occurs when an individual operates a motor vehicle in a public place while impaired by alcohol or drugs to the extent that their normal faculties are impaired. This can manifest as slurred speech, impaired coordination, or slowed reaction times. DWI is a serious charge, carrying penalties that may include fines, license suspension, and even imprisonment.
The Two Conditions of DWI
Alcohol Concentration
A person is considered intoxicated if their BAC (blood alcohol concentration) level exceeds the legal limit of 0.08%. This limit may be even lower for certain individuals, such as commercial drivers or those under the legal drinking age of 21. Law enforcement typically uses breathalyzers or blood tests to measure BAC levels during DWI arrests. If the test results show a BAC above the legal limit, it can be used as evidence to support the DWI charge. Consult our drunk driving defense firm in San Antonio to learn more.
Loss of Normal Faculties
Even if a person’s BAC is below 0.08%, they can still be charged with DWI if they exhibit signs of impaired abilities, such as slurred speech, impaired coordination, poor judgment, or slowed reaction times. This allows law enforcement and prosecutors to pursue DWI charges when impairment is evident, even without a high BAC. Impairment is the key factor in such cases. Defending against these charges often involves challenging the evidence presented and demonstrating that the accused was not impaired beyond their normal faculties.
DWI Penalties in Texas -
First Offense:
- Fine of up to $2,000
- Jail time between 3 to 180 days
- License suspension for up to 2 years
- Mandatory DWI education program
Second Offense:
- Fine of up to $4,000
- Jail time between 1 month to 1 year
- License suspension for up to 2 years
- Mandatory DWI education program
Third Offense (and more):
- Fine of up to $10,000
- Jail time between 2 years to 10 years
- License suspension for up to 2 years
- Mandatory DWI education program
When Facing DWI Charges, You Must:
- Seek legal counsel, turn to our San Antonio drunk driving defense firm. Consult with us to thoroughly understand your rights and explore the available options for your case.
- Familiarize yourself with the evidence against you, including breathalyzer or blood test results.
- Meet all court appearances, hearings, and filing deadlines.
- Exercise your right to remain silent; avoid making statements that could be used against you.
- Work with your attorney to identify and pursue viable defenses tailored to your case.
- Evaluate the possibility of plea bargains or reduced charges, depending on the circumstances.
- If necessary, prepare for a DWI trial by collaborating closely with your legal counsel.
- Follow court orders, probation requirements, or treatment programs directed by the court.
- If substance abuse played a role in the DWI, consider seeking rehabilitation or counseling.
DWI Defense FAQs
What should I do if I'm pulled over for suspected DWI?
Per advice from our San Antonio drunk driving defense firm, if you’re pulled over by law enforcement on suspicion of DWI, it’s essential to remain calm and cooperate. Provide your identification and license when requested, but remember you have the right to remain silent—politely declined to answer questions about alcohol consumption. However, be prepared to comply with the request for a breath or blood test, as Texas has an implied consent law, and refusal may result in automatic license suspension.
Can I refuse a breathalyzer or blood test?
You can refuse a breathalyzer or blood test, but there are consequences. Texas operates under the implied consent law, which means that by obtaining a driver’s license, you agree to submit to chemical testing when arrested for DWI. Refusing a test can lead to an automatic driver’s license suspension, and the fact that you refused can be used against you in court.
What defenses are available for DWI charges in Texas?
Several defenses may be applicable in DWI cases, depending on the circumstances. These may include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer or blood test results, or disputing the validity of field sobriety tests. Additional defenses our San Antonio drunk driving defense firm might employ include challenging the officer’s conduct during the arrest or emphasizing procedural errors in evidence handling. An experienced attorney can assess your case and determine the most appropriate defenses for your situation.
How can an attorney help with my DWI case?
- An attorney specializing in DWI defense can:
- Review the evidence to identify weaknesses or irregularities in the prosecution’s case.
- Negotiate with prosecutors to potentially reduce charges or penalties.
- Represent you in court, present a strong defense, and challenge the evidence against you.
- Guide you through the legal process, ensuring all deadlines and requirements are met.
- Provide expert advice on the best course of action based on your circumstances.
Can I have my DWI record expunged or sealed in Texas?
In Texas, it is challenging to expunge or seal a DWI conviction from your record. DWI convictions generally remain on your criminal record for life. However, if your case resulted in an acquittal, a dismissal, or a successful completion of deferred adjudication probation, you may have a better chance of sealing your record. DWI charges may be sealed under Texas’s DWI Second Chance Law. Our San Antonio drunk driving defense firm can explore the possibilities in your specific case.
Are there alternatives to jail time for DWI convictions in Texas?
Yes, Texas offers alternatives to jail time for some DWI offenders. Depending on the circumstances, you may be eligible for probation, community service, or a treatment program in lieu of incarceration. Your eligibility for these alternatives will depend on factors such as your prior criminal history and the details of your case. Our attorney can help assess your options and work towards a favorable outcome.
Contact True Law Firm
True Law Firm is dedicated to providing personalized legal support with lawyers who genuinely care about you. Our commitment to maintaining one-on-one attorney-client relationships ensures you always have a direct line to your attorney and receive prompt updates about your case. If you’re facing legal challenges, whether related to DWI charges or other alcohol-related offenses, we are here to advocate for the best possible outcome. Schedule a consultation with our drunk driving defense firm in San Antonio, and let us work tirelessly to get you the results you deserve.
