Defending Those Accused of Drunk Driving in Tarrant County, Texas
In Texas, driving while intoxicated (DWI) is a serious offense that occurs when an individual operates a motor vehicle while under the influence of alcohol or drugs, or a combination of both. The level of impairment caused by these substances can significantly compromise a driver's ability to operate a vehicle safely, posing a substantial risk to themselves and others sharing the road. Thus, DWI laws are put in place to ensure public safety and prevent accidents, injuries, and fatalities caused by impaired driving.
Do I Need a Lawyer for a DWI in Texas?
While you don't technically need a lawyer for a DWI in Texas, hiring one is essential. Texas has some of the harshest penalties in the country for DWIs and other intoxication offenses. A DUI lawyer can help you understand the criminal charges against you, negotiate a plea bargain, and fight for your rights in court.
In addition, hiring a DUI attorney can help you reduce the stress and anxiety of dealing with a DWI charge. A DUI attorney can take care of the legal facts for you so that you can focus on rebuilding your life.
Navigating the legal intricacies of a DWI accusation can be daunting, but you're not alone. If you've been accused of DWI in Tarrant County, our dedicated team of experienced Fort Worth DWI lawyers at Blake & Blake, LLP is here to provide you with expert guidance and unwavering support. We understand the challenges you're facing, and we're committed to helping you understand your rights, options, and the steps you should take if you've been accused of drunk driving. Your future is important to us, and we're ready to fight for your best interests every step of the way.
What Must Be Proven to Convict a Person of DWI in Texas?
In order to convict a person of driving while intoxicated in Texas, the prosecution must prove several things beyond a reasonable doubt.
These include:
The driver’s identity
That the accused was actually operating a motor vehicle on a public road
That you did not have normal use of your mental or physical abilities
That your blood or breath alcohol levels were above the legal BAC limit of of 0.08%
Because all of these must be proven before you can be charged with a DUI offense, you should consult with a Fort Worth 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 discredit the arresting officer’s testimony. Our criminal defense attorneys can examine the evidence and find these potential problems to preserve your right to drive.
Aggravating Factors for DWI in Texas
DWI with Child Passenger
A very common aggravating factor in DWI cases is the presence of a child passenger. Even if a person has never been charged with DWI before, if they are charged with DWI with a passenger who is younger than 15, the offense under Section 49.045 of the Texas Penal code is a state jail felony (rather than a Class B misdemeanor under 49.04(b)).
DWI with BAC of 0.15 or Greater
A first DWI conviction is normally punished as a Class B misdemeanor in Texas. However, if a driver has provided a breath, blood, or urine sample that the state claims shows a blood alcohol content (BAC) of 0.15 or greater, the offense can become a Class A misdemeanor under Section 49.04(d) of the Texas Penal Code.
What are the Penalties for a DWI Conviction in Texas?
In Texas, the penalties for a DWI conviction can vary based on factors such as prior offenses, blood alcohol concentration (BAC), and any additional aggravating circumstances.
Penalties for First DWI
A fine of up to $2,000
Jail time ranging from 3 days to 180 days
License suspension for up to 1 year
Mandatory attendance at an alcohol education program
Annual surcharge for three years to retain your driver's license
Penalties for Second DWI
A fine of up to $4,000
Jail time ranging from 30 days to 1 year
License suspension for up to 2 years
Mandatory attendance at an alcohol education program
Annual surcharge for three years
Penalties for Third Offense (Felony DWI)
A fine of up to $10,000
Imprisonment for 2 to 10 years
License suspension for up to 2 years
Mandatory attendance at an alcohol education program
Annual surcharge for three years
Subsequent DWI Offenses
The penalties for subsequent offenses become progressively more severe, with the potential for longer prison sentences and higher fines.
It's important to note that Texas has a "lookback period," which means that prior DWI convictions within a certain time frame can be used to enhance penalties for a new offense. Additionally, if a DWI offense involves a particularly high BAC, an open container of alcohol in the vehicle, or if there was a minor passenger, the penalties can be more severe.
Can a DWI Be Dismissed in Texas?
A DWI can be dismissed entirely or reduced to a lower criminal charge in Texas, particularly for a first-time offense. If negotiations between your DWI lawyer and the state of Texas result in a DWI dismissal, you are eligible to expunge the charges from your record after a two-year wait.
Make Your First Call to Our Skilled Fort Worth DWI Defense Lawyers
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 the potential punishments and consequences you face. Not only do you face monetary fines, but you also face license suspension, driver’s license surcharges imposed by the Texas DPS, and even jail time. Before you accept those accusations, you need to talk to a Fort Worth DWI attorney at Blake & Blake, LLP.
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. Our team is committed to protecting the rights of the accused and has a history of successful case results to back that up. We have successfully gotten charges dropped, cases dismissed, and positive verdicts in countless DWI cases. Trust our firm to fight for you in your time of need.
Facing intoxicated driving charges? Reach out to Blake & Blake, LLP today at (817) 497-8889.
“I highly recommend Allen Blake. He strives for results and seeks the best possible outcome.”
Allen Blake defines what an attorney is supposed to be. Mr. Blake went above and beyond to resolve my issue in Texas. There was daily communication and empathized with my concerns being so far away. As my case progressed in litigation, Mr. Blake kept me updated via text messages, e-mails, and phone calls. He explained every possible outcome thoroughly and provided me with the best option. If it wasn’t for Mr. Blake, I do not know where I would be today. I highly recommend Allen Blake. He strives for results and seeks the best possible outcome.
