In 2018, the Texas Department of Transportation found that over 9,000 urban car accidents were caused by drunk drivers. A person may be charged with DWI if you are 18 years of age or older and have either a blood-alcohol level of .08% or higher or have lost the normal use of mental or physical faculties while driving. Getting arrested for a DWI can be overwhelming and scary, as you can face consequences such as jail time, probation, and fines.
If you are arrested for DWI, you need to consult with a Houston DWI punishment lawyer, who can:
- Request evidence, such as video footage of driving, field sobriety tests, breath or blood tests and anything else that is available
- Potentially negotiate a plea agreement with the prosecution
- Argue your case to a jury at trial
- Review the details of your arrest and challenge due process violations
- Challenge the admissibility of evidence
While experiencing an arrest can be nerve-racking, it is important to remember that you have rights against self-incrimination, which can include:
- The right to refuse a field sobriety test
- The right to refuse a breathalyzer test or blood test
- The right to remain silent at all points throughout a police encounter
- The right to contact an attorney
Since the penalties for DWI in Texas include jail time, speaking with a lawyer can ensure that you receive a fair chance to contest the allegations against you. The prosecution can offer you a plea agreement, which can include a sentence that is less than the maximum penalty. However, it is important to have a lawyer review a plea agreement before you sign it, as your attorney may be able to negotiate a better deal.
A DWI can involve serious charges if you were intoxicated and were involved in an accident, making it important to avoid making a statement to law enforcement before you retain a lawyer.
If you are facing charges for DWI, call Blass Law today at (713) 225-1900 for a consultation.
What You Need to Know About Driving While Intoxicated Charges
Texas Penal Code Title 10, Chapter 49 defines what is considered driving while intoxicated. Most DWIs involve alcohol. While the BAC limit for adults that are 21 and older is .08%, Texas has a zero-tolerance rule that applies to minors and adults under the age of 21 (as affirmed by the Texas Department of Public Safety). If you are younger than 21 and have any detectable levels of alcohol in your system, you can be charged with DUI.
To be charged with a DWI, law enforcement must simply have probable cause that you were legally intoxicated. Intoxication is defined in Texas as having a blood alcohol concentration of .08% or greater, or if you have lost the normal use of your mental and physical faculties while you were operating a motor vehicle. The police frequently obtain evidence illegally. However, illegally obtained evidence may not be used against you. If you refuse to complete a field sobriety test or do not consent to a blood test, law enforcement may try to obtain a search warrant for a blood draw. If law enforcement proceeds with a blood test without your consent and fails to get a search warrant, a competent lawyer will have this evidence suppressed and it should not be used by the prosecutor.
Law enforcement must also have a valid reason for pulling you over. If the given reason for why you were pulled over is invalid, a lawyer can contest any evidence that is found as a result of the illegal traffic stop. For example, if the police pulled you over but you did not violate traffic laws and officers did not have probable cause to believe you were committing a crime, a lawyer can move to suppress any evidence that is found as a result of this illegal stop.
Complexities of the legal system can be explained by a lawyer. Ensure that your civil rights and liberties are not violated during the criminal trial process.
Call Blass Law today at (713) 225-1900.
For a free legal consultation with a dwi punishment lawyer serving Houston, call 713-225-1900
What You Should Know About DWI Sentencing
One reason it is important to hire a Houston DWI punishment lawyer if you were charged with DWI is that you can receive jail time for a first-time DWI conviction. DWI punishments can also include:
- Probation / community supervision
- Community service
- Fines
- Revocation or suspension of your driving privileges
- A conviction on your criminal record
Another consequence of a DWI conviction is that your auto insurance rates can increase significantly. You can be charged with a DWI even if your BAC is below the legal limit, if officers believe you have lost the normal use of your mental or physical faculties.
Houston DWI Punishment Lawyer Near Me 713-225-1900
Why You May Want to Work with an Attorney
Because the punishment for DWIs can be costly, working with a lawyer is the best way to ensure your rights are protected and you get the best possible outcome. DWIs show up on background checks, which can impact your employment options and career. If you are a rideshare driver and have a DWI conviction, you likely will be unable to continue driving for the rideshare platform.
While facing criminal charges can be unsettling because your freedom is at stake, a lawyer can represent your interests at trial and fight with the prosecutor ensuring you get the best possible results. An attorney can gather and review the evidence against you and challenge it. If law enforcement coerced a confession or failed to properly obtain evidence, it can lead to a dismissal of your case. A lawyer can grill the arresting officer and witnesses, which can show a jury the charges are baseless.
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If you were arrested for DWI, you can face severe consequences ranging from substantial fines to jail time. Although it can be scary to experience an arrest, a Houston DWI punishment lawyer ensures that your rights are protected during your criminal case. It is important to remember that just because you are charged with a DWI does not mean the prosecution can convict you.
If you would like to discuss your DWI charges during a consultation, call Blass Law today at (713) 225-1900. We want to get started today.
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