325-241-2868Abilene DWI Defense Attorneys
Ensuring Your Rights Are Protected
Sometimes, people make mistakes. This includes drunk driving. While it may not be something people like to talk about, drunk driving arrests are more common than many people think. This is especially true in Texas. In 2023, there were 340 drunk driving arrests for every 100,000 drivers. This places Texas third in the nation. This means it’s very likely you or someone close to you knows someone who has been arrested for drunk driving. Many people who receive a DWI will never be arrested again. In fact, in 2023, over 30,000 people arrested for DWI were first-time offenders.
While they do exist, repeat offenders are rare. Most people arrested for a DWI will learn their lesson from the experience. They will never drink and drive again. However, even one DUI arrest can potentially derail a person’s life. A conviction could result in jail time, fines, and a criminal record that stays with a person for years to come. This is why if you or a loved one have been arrested for DWI in Abilene, TX, you must consult an experienced criminal defense lawyer.
What is a DWI in Abilene, TX?
DWI stands for driving while intoxicated. The amount it takes to reach .08 BAC varies according to various factors, including the individual’s health, age, weight, what they’ve eaten, what medications they may be on, and more.
It’s important to note that the Texas penal code also charges driving under the influence, or DUI. The definitions of DWI and DUI can vary state by state, so they are often used interchangeably. In Texas, DWI and DUI are two separate and distinct charges. Under the Texas penal code, DUI charges are strictly reserved for minors found to be operating a car with any amount of alcohol in their system. All other charges relating to adult drivers who have been consuming alcohol are covered under DWI laws.
What are the Penalties for DWI in Abilene?
Under Texas DWI laws, DWIs can be classified as either misdemeanors or felonies. Whether a DWI is categorized as a misdemeanor or a felony depends on multiple factors, including the driver’s BAC at the time of arrest, how many times the driver has been arrested, and more.
Generally, first-time DWI charges will be counted as a misdemeanor. While the punishment can change depending on the circumstances of the case, a first-time misdemeanor DWI conviction usually comes with a sentence of a mandatory three days in jail and up to six months in jail, a $2,000 fine, and a one-year suspended sentence. If you have any professional or occupational license, it may be suspended or even revoked.
Second offenses are still generally misdemeanor charges, but the penalties can be more severe. A conviction for a second misdemeanor DWI usually comes with a sentence of a mandatory one month in jail and up to one year in jail, a $4,000 fine, and a two-year suspended sentence.
Under some circumstances, even a first or second-time DWI can result in felony charges. These circumstances include but are not necessarily limited to:
- There Was a Child Passenger
- There Was a Wreck Resulting in Severe Personal Injury
- There Was a Wreck Resulting in Someone’s Death
If someone is pulled over for DWI and meets any of the above criteria, or if it is their third or higher DWI, they will receive felony charges. Felony DWI charges are the most serious and can result in severe penalties. These include, but are not necessarily limited to, a fine of up to $10,000, two to ten years in prison, and suspension of your driver’s license. If someone dies as a result of a DWI, the potential penalty rises to a possible 20 years in prison. This is why if you or a loved one have been arrested for a DWI in Abilene, you must immediately contact an experienced criminal defense lawyer.
What Are Defenses to DWI Charges in Abilene?
Many people believe they are stuck if they are pulled over and arrested for a DWI. They think that a DWI is an open-and-shut case and that their only option is to plead guilty and hope for a lenient sentence from the court. This is not true. There are many potential defenses to a DWI arrest. Trial lawyers specializing in DWI cases will be able to assess the facts of every case and build the strongest possible defense based on the circumstances.
One potential defense involves probable cause. For a police officer to pull someone over, they must have probable cause. A DWI arrest can include things such as a car driving erratically, running a red light, and other signs a driver may be impaired. Police officers cannot arbitrarily pull people over because they feel like it. If an attorney can establish an arresting officer did not have probable cause to pull someone over, they may be able to get reduced charges or even get charges thrown out.
Another potential defense is if the police fail to read a suspect’s Miranda Rights during the traffic stop. Miranda Rights informs suspects that they are entitled to an attorney and that they may refuse to speak to the police. If a suspect is not read their Miranda rights, any information obtained during subsequent police interviews may be inadmissible in court. This is often extremely important in raising a successful defense.
The circumstances of any field sobriety tests may also provide a solid defense. If someone were administered a breath test, a defense attorney could move to examine whether the device was calibrated correctly. An attorney can also investigate how often and thoroughly the device is serviced. If the breathalyzer used to determine the suspect’s BAC was not in proper working order, the charges could be thrown out.
These are only a few potential defenses to a DWI in Texas. An experienced criminal defense lawyer will be able to review the circumstances of every individual case and help mount a strong defense. This is why if you or a loved one are facing criminal charges in Texas, you must hire experienced legal counsel.
What Should I Do if I’m Arrested for DWI in Abilene?
A DWI arrest can be frightening. No one wants a drunk driving charge on their record for the rest of their lives. Even a month of jail time can potentially have long-term consequences for someone’s life, including job loss, difficulty finding or maintaining employment, driver’s license issues, family and interpersonal problems, and more. This is why, if you or a loved one have been arrested for DWI in Texas, you shouldn’t hesitate to contact the law firm of Barrett Legal PLLC at 325-241-2868.
At Barrett Legal PLLC, we pride ourselves on obtaining superior results for our clients. We approach every case diligently, thoroughly examining evidence such as police reports to build the strongest possible defense. Our attorneys will attempt to have charges dismissed or reduced before your case goes to trial, challenging evidence that could be used against you. In the event of a trial, our lawyers will thoroughly cross-examine witnesses and attack the prosecution’s case to help you obtain either an acquittal or a dismissal.
We consider our professional legal services to be unparalleled. Every defense lawyer at Barrett Legal PLLC is an experienced attorney with an extensive background in a wide array of legal issues and can approach your case from every potential angle.
A DWI arrest can be disastrous. It doesn’t have to be. If you or a loved one have been arrested for DWI, don’t hesitate to call Barrett Legal PLLC at 325-241-2868 to inquire about a free consultation. Don’t be afraid to ask for legal help; an attorney could be the only thing standing between you and a criminal conviction. Call Barrett Legal PLLC to begin your initial consultation today.