DUI Lawyer Sherman TX | DWI Defense Attorney Texas
What Is DWI/DUI In Texas?
DUI Lawyer Sherman Texas residents are considered legally intoxicated and are subject to arrest when their blood or breath alcohol concentration (BAC) is .08 or higher and when arrest you need to contact an experienced DWI defense lawyer to protect your rights. Furthermore, any person who has a BAC above the legal limit who is also driving with a child passenger younger than 15 years of age can also be charged with child endangerment in addition to the DWI charge.
In fact, if you are charged with DWI and child endangerment, you face a fine of as much as $10,000, a maximum of two years in jail, and the revocation of your driver’s license for six months.
It is also important to remember that if you are stopped for suspicion of DUI Lawyers Sherman TX and DWI in Texas and you refuse to submit to a blood test or a breath test, your license is automatically suspended for six months.
What Are the Punishments For DWI In Texas?
The different punishments for a DWI conviction in Texas include:
- First Offense – maximum fine of $2,000, 3 to 180 days in jail, driver’s license revocation for 12 months, a fee of $1,000 to $2,000 to retain driver’s license for three years.
- Second Offense – maximum fine of $4,000, 30 days to 12 months in jail, driver’s license revocation for as long as two years, a fee of $1,000, $1,500 or $2,000 to retain driver’s license for three years. If the second DWI conviction occurs within five years of the first DWI conviction, the state requires you to install an ignition interlock device that shuts down your vehicle’s engine if your breath registers that you have been drinking.
- Third Offense – $10,000 fine, 2 to 10 years in prison, driver’s license revocation for two years, a fee of $1,000, $1,500 or $2,000 to retain driver’s license for three years, and installation of ignition interlock device.
What can a DWI/DUI Defense Lawyer help with?
Being arrested on suspicion of DWI in Texas does not automatically mean that you will be convicted of this charge. In fact, your attorney can employ several defense strategies to fight this charge, including:
- Challenging the Accuracy of BAC Test – in some instances, your lawyer can challenge the accuracy of the Breathalyzer test used to determine your BAC level at the time of your arrest. There are a number of factors that could alter these results, and your lawyer will be aware of the factors that may have affected your test.
- The threat of Force – if you were forced to drive under duress even though you were impaired, your lawyer can present evidence to prove that you were operating the vehicle under threat.
- Lack of Probable Cause – this defense is used when your lawyer believes that police lacked probable cause to make the initial stop that led to your DUI/DWI arrest.
- Blood Test Custody Error – this defense is used when there are questions about the accuracy and administration of the blood test that determined your BAC.
- Defendant Below Limit At Time of Arrest – in some instances, your lawyer can argue that your BAC was below the legal limit when you were pulled over, but that it increased after the traffic stop and was above the limit by the time a law enforcement officer administered the BAC test.
Hiring a DWI Defense Attorney To Protect Your Rights
There are many complicated factors in a DUI/DWI case, and an experienced DUI Lawyer Sherman TX knows all the legal options available to resolve the case to your advantage. Please call the law firm of David K. Wilson & Associates at 903-870-9050 if you are facing a Texas DWI charge. We can offer you outstanding service, and protect all your rights during this process.