When you are convicted of driving while intoxicated (DWI) in Tomball, the consequences may ripple throughout your entire life and negatively affect your career, relationships, and education. You will be fighting an uphill battle for this mistake, and it may be hard to overcome the challenges on your own. The time to improve your outcome is now. Hiring a Tomball criminal defense lawyer at Blass Law may be able to help win your case or reduce your punishment for DWI.
You can challenge a DWI charge, but you have a limited time to take the necessary steps. Blass Law provides the knowledge of Texas’ strict DWI laws and facts that can help you fight your case.
We Handle Any Type of DWI Case in Tomball, TX
The state of Texas means business with its strictly-enforced DWI laws. We can explain these laws to you, so you have a better understanding of your case. DWI cases can be complex. If you are pulled over, and a officer believes you have lost the normal use of your mental or physical faculties due to alcohol or drugs, they will charge you with DWI. If you agree to a breathalyzer test and it reveals that your blood-alcohol content (BAC) is over 0.08, or even if the officer comes to the conclusion some other way, you could face DWI charges under Texas Penal Code § 49.04.
DWI Enhancements
DWIs are a Class B misdemeanor, but the state could enhance the punishment range for this charge. Under Texas law, you may face drunk driving enhancements that can result in longer jail time and increased fines and penalties. The state also imposes several ancillary laws related to drinking and driving. The following infractions could mean you will receive “enhanced” charges for your offense:
- Driving while intoxicated with a BAC over 0.15%.
- Driving with an open container.
- DWI with a minor passenger.
- Committing intoxication manslaughter, where you caused the death of another in an accident when you drove while intoxicated
- Committing intoxication assault, where you, by accident or mistake, caused serious bodily injury to another while intoxicated.
A Blass Law Tomball DWI lawyer takes cases involving any of these DWI offenses. We will dig deep when investigating how and why you were pulled over, how your BAC test was administered, and all other factors that play into the validity of an arrest.
Dealing with Your Driver’s License Suspension
Immediately following your arrest, your driver’s license can be automatically suspended. The mechanics of your suspension operate through the Administrative License Revocation (ALR) process separately from your criminal charges, so you cannot assume that if you are addressing one, you are also handling the other.
Within 15 days of your arres, you need to request an ALR hearing to fight the suspension. Blass Law can handle this hearing. If you handle your hearing by yourself, chances are it won’t go well and you may find yourself unable to travel to school, work, or other destinations that are crucial to your day-to-day life.
What to Do If you Have Been Pulled Over for a Suspected DWI
If the police have pulled you over for a suspected DWI, you can take a few steps to help yourself. First, always be polite and follow some of the police officer’s instructions.
However, remember that you do have rights. For example, you have the right to refuse to participate in standardized field sobriety tests. Also, do not answer questions that could incriminate you. If the police officer asks you to take a breathalyzer or blood alcohol test, you can refuse under Texas law. If you refuse to provide a breath or blood sample, the officer can apply for a search warrant and force you to give a blood sample. If a police officer has a search warrant, don’t fight them or you may face penalties in addition to the cops roughing you up.
Finally, if you are arrested for a DWI, consider retaining a Tomball DWI lawyer on our team to help you navigate your case.
Understanding the Consequences You May Face for Your DWI
You should be prepared for the punishments and penalties you may be dealt for a DWI conviction. Community service, DWI education and treatment programs, obligatory use of an ignition interlock device (after two or more DWI convictions in five years), and higher vehicle insurance rates are all possible penalties. However, the consequences of such a charge depend on how many prior DWI convictions are on your driving record.
The Texas Department of Transportation (TxDOT) lists the penalties for DWI offenses, which we summarize below.
First Offense
First Offense DWI means you could:
- Be fined as much as $2,000.
- Be incarcerated in jail between three and 180 days.
- Lose your driver’s license for as long as one year.
- Pay an additional fine up to $4,500.
Second Offense
Second Offense DWI means you could:
- Be fined as much as $4,000.
- Be incarcerated in jail between 30 and 365 days.
- Lose your driver’s license for as long as two years.
- Pay an additional fine up to $6,000.
Third Offense
Third Offense DWI means you could:
- Be fined $10,000.
- Be incarcerated in prison between two and 10 years.
- Lose your driver’s license for as long as two years.
- Pay an additional fine up to $6,000.
On top of all this, if you receive two or more DWI convictions in a five-year time frame, you will be required to install a special ignition interlock device that will disable your vehicle if you have been drinking.
Other Common DWI Consequences
No matter how many DWI offenses you have, it’s important to remember that Texas has implied consent laws. Implied consent laws require all drivers who are suspected to be driving while intoxicated to agree to take a chemical test or they could face a license suspension.
Texas also has a zero-tolerance policy that forbids drivers under the age of 21 from driving with any alcohol in their system and that DWI convictions in Texas do not have a wash-out period. In other words, they stay on your record and count as a prior conviction permanently.
How a DWI on Our Team in Tomball, TX, Will Help Your Defense
A legal team can help set your mind at ease in an initial case evaluation. During the evaluation, you can share the details of your arrest. Then, a DWI lawyer on our team may be able to lay out a roadmap to increase your chances for a favorable outcome in your case.
There are many strategies a Tomball DWI lawyer at our firm can take, depending on the specifics of your case. For example, they can work to:
- Have the DWI charges against you dismissed or dropped
- Negotiate a plea deal with an eye toward getting your charges reduced
- Arrange for you to receive probation rather than incarceration
- Mitigate the negative impact of your charges or your conviction
Building a solid defense strategy is all about taking the facts of your case and applying them to Texas law to get you the best shot at a fair outcome. Some common defenses we use in DWI cases include:
- Lack of probable cause
- Lack of reasonable suspicion
- Faulty breathalyzer results
- No Miranda rights read
- Unlawful search and seizure
- Failure to follow basic standards when analyzing blood samples
Our Past DWI Case Results
Blass Law has represented hundreds of clients facing DWI charges and secured successful outcomes.
- “Not Guilty” verdict for our client charged with a DWI misdemeanor after he failed sobriety tests at the scene and the police station
- “Not Guilty” verdict for our client charged with a 2 DWI misdemeanor after he admitted to drinking and refused to take a field sobriety test
- Case dismissed for our client charged with a 3rd degree DWI felony for our client who was a repeat offender, had a .128 BAC and alprazolam, pulled over after he didn’t use his turn signal, and failed all the sobriety tests
We cannot guarantee a specific outcome for your case, but you can trust Blass Law to put your needs first and work to get your charges dismissed or reduced.
Let Blass Law Help Fight for Your Legal Rights
Let our Tomball DWI lawyers assist you with navigating your DWI case. Blass Law attorney Jay Cohen, who has never worked as a prosecutor, believes in helping those who have made a mistake get another chance at living a full and productive life outside of jail. He will dig deep when investigating how and why you were pulled over, how your BAC test was administered, and all other factors that play into the validity of an arrest.
Your DWI arrest does not need to define you or derail your future. Blass Law will go above and beyond to ensure that your rights are protected. We will devise a strategy that will give you a solid chance at the best outcome for your DWI, so you can prove to yourself and others that you have a lot more to offer this world. Call us today for your initial consultation.