Have you been arrested on drunk driving charges in Tarrant County, Texas? Before you assume that you have no choice but to accept those charges, pay the fine and move on, take the time to consider all of the potential punishments and consequences you face. Not only do you face monetary fines, but you also face suspension of your license, driver’s license “surcharges” imposed by the Texas DPS that can add up to thousands of dollars, and even jail time. Before you accept those accusations, you need to talk to a Dallas/Fort Worth DWI attorney.
DWI Is Harder to Prove Than You Think
In order to convict a person of Driving While Intoxicated in Texas, the prosecution must prove several things including: the driver’s identity, the fact that accused was actually operating a motor vehicle on a public road. The state also must prove, beyond reasonable doubt, that you did not have normal use of your mental or physical abilities or that your blood or breath alcohol levels were above the legal limit. The blood and breath testing must be done within a specific time frame, which is not as easy to do as you might be led to believe.
Because all of these must be proven before you can be charged with a DWI offense, you should consult with a DWI attorney before accepting the charges and the penalties that come with them. In many cases, errors and omissions on the documents or improper timing of the blood or alcohol tests can result in a discrediting of the arresting officer’s testimony and, therefore, the dismissal of your accusations. A skilled DWI attorney will be able to examine the evidence and find these potential problems, so you can preserve your right to drive.
Texas DWI Offenses – Chapter 49 Texas Penal Code
Chapter 49 of the Texas Penal Code sets out Intoxication and Alcoholic Beverage Offenses. Besides the basic DWI offense, set out in Section 49.04, Chapter 49 includes offenses for Boating While Intoxicated, Open Container, Intoxication Assault, and Intoxication Manslaughter. The major DWI offenses are listed below:
POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE (Penal Code 49.031)
DRIVING WHILE INTOXICATED (Penal Code 49.04)
FLYING WHILE INTOXICATED (Penal Code 49.05)
BOATING WHILE INTOXICATED (Penal Code 49.06)
INTOXICATION ASSAULT (Penal Code 49.07)
INTOXICATION MANSLAUGHTER (Penal Code 49.08)
Skilled Dallas-Fort Worth DWI Defense Lawyers
Whether it is your first DWI charge or your fifth, the reality that you may lose your right to drive as a result of these accusations means you need to take action quickly. If you have been accused of driving while intoxicated in Dallas County, Tarrant County, Hood County, or Johnson County, contact Blake & Blake LLP today for a consultation with a Tarrant County Criminal Defense Lawyer to discuss your case. The legal team at Blake & Blake LLP understands the need for an aggressive defense when you are facing a Texas DWI case. Don’t put your right to drive at risk. Get help from an experienced Tarrant County DWI lawyer from Blake & Blake LLP today.