DUI

Corpus Christi DUI Defense Attorney

A traffic stop on Interstate 37 or Ocean Drive can turn a pleasant drive into a legal crisis if you’re driving while intoxicated. Thousands of drivers face DWI or DUI arrests every year in this state. Most of those arrested are first-time offenders. If the authorities charge you with DUI or DWI, promptly schedule a consultation with a Corpus Christi DUI defense attorney at Barrett Legal PLLC.

A single DWI or DUI conviction creates a permanent criminal record that can affect your credit, housing, and employment. At Barrett Legal PLLC, a Corpus Christi DUI defense lawyer can aggressively challenge the state’s case against you and fight to protect your future.

Do not wait to begin preparing your defense. Call Barrett Legal PLLC at 361-542-4295 to schedule your initial legal consultation.

Distinguishing Between DUI and DWI 

Most of us use the terms DUI and DWI interchangeably, but under Texas law, these are two distinct criminal charges. The differences involve the driver’s age, the blood alcohol level, and the penalties for a conviction.

Driving while intoxicated (DWI) is the standard intoxicated driving charge for adult drivers in Texas. Under Texas state law, a person commits DWI by driving in a public area while intoxicated. Intoxication means having a blood alcohol concentration level of 0.08% or higher, or losing the sober use of one’s physical and mental faculties due to drug or alcohol use, or a combination of both.

DUI (driving under the influence) charges are exclusively applied to drivers under 21 years of age. Texas has established a zero-tolerance policy for underage drinking and driving. A minor commits DUI by operating a motor vehicle or watercraft in a public area with any detectable amount of alcohol in the bloodstream. The state doesn’t have to prove the minor exceeded a 0.08% blood alcohol level.

While a first-time driving under the influence offense for a minor is usually charged as a Class C misdemeanor, a DWI charge carries penalties that escalate quickly depending on the defendant’s breath test, chemical results, or prior convictions. Anyone facing either charge requires immediate attention from a Corpus Christi DUI defense attorney at Barrett Legal PLLC.

The 15-Day ALR Hearing Deadline

A driving while intoxicated arrest triggers two different (and mostly unrelated) legal proceedings: a criminal court prosecution and a civil Administrative License Revocation (ALR) hearing. Managed by the State Office of Administrative Hearings, the ALR process determines whether the state can suspend your driving privileges.

When a police officer arrests a motorist for DWI and the driver either refuses a blood or breath test or tests at or above a 0.08% blood alcohol level, the officer issues a notice of driver’s license suspension and a temporary driving permit. You must request an ALR hearing within 15 days of receiving that notice. Barrett Legal PLLC can help you prepare that request.

Missing this deadline results in a license suspension taking effect 40 days after the arrest. The suspension lasts from 90 days to 2 years, depending on whether you refused the chemical test and whether you have prior DWI or DUI convictions. Requesting the hearing stays the suspension while the ALR process is pending, allowing you to retain your license while your lawyer prepares your defense.

What Happens at an ALR Hearing?

During an ALR hearing, your lawyer can cross-examine the arresting officer and review the state’s evidence in advance of your criminal court date. Testimony during the ALR hearing may expose weaknesses in the state’s case, creating leverage to seek a reduction or complete dismissal of the criminal charge.

Following a DWI or DUI Arrest

The first decisions you make after an arrest can significantly affect the result of your case. Taking the right steps protects your rights, puts you in the best possible legal position, and strengthens your legal defense against state prosecutors:

  1. First, exercise your legal right to remain silent.
  2. Second, write down every detail of the traffic stop and arrest as soon as you are able.
  3. Third, keep and store all of the documents handed to you upon your release, including your temporary driving permit, bond papers, and court appearance notices.
  4. Finally, contact an aggressive criminal defense lawyer at Barrett Legal PLLC.

Penalties for DWI Convictions

For DWI convictions, Texas courts may order jail or prison sentences, costly fines, administrative fees, community service, and/or court-ordered attendance at alcohol education programs.

First Offense Misdemeanor DWI

A first DWI arrest typically results in a Class B misdemeanor charge. Punishment for a conviction includes a fine of up to $2,000, 72 hours in jail (and up to 180 days), and a year-long driver’s license suspension. If a breath or blood test indicates a blood alcohol level of 0.15% or higher, the offense is charged as a Class A misdemeanor, punishable by up to a year in jail and a fine of up to $4,000.

Second Offense Misdemeanor DWI

Second DWI offenses are charged as Class A misdemeanors. A conviction requires a mandatory minimum sentence of 30 days (and up to a year) in jail. The fine can reach $4,000, and the driver’s license suspension can last 2 years. The courts usually order the installation of an ignition interlock device on any vehicle used by a driver during the driver’s probation period.

Felony DWI

Under Texas law, aggravating factors can elevate DWI to a felony charge, exposing defendants to the possibility of a prison sentence:

  1. DWI with a child passenger: Operating a vehicle while intoxicated with a passenger under 15 years of age is a state jail felony punishable upon conviction with 6 to 24 months in a state jail and a fine up to $10,000.
  2. Third or subsequent DWI: A third DWI arrest results in a third-degree felony charge. A conviction may result in a sentence of 2 to 10 years in state prison and a fine of up to $10,000.
  3. Intoxicated assault: Intoxicated driving accidents causing serious bodily injury to another person elevate a DWI charge to a third-degree felony.
  4. Intoxicated manslaughter: An intoxicated driving crash resulting in a fatality leads to a second-degree felony charge. A conviction is punishable with 2 to 20 years in prison.

A DWI conviction can also trigger long-term personal financial burdens. Convicted offenders must deal with driver’s license reinstatement fees, court costs, increased insurance premiums, occupational licensing revocations, and a permanent criminal record that affects future career prospects.

Defense Strategies

Many individuals arrested for DWI assume the state’s case is airtight. They believe their only choice is to enter a guilty plea and accept whatever the court imposes. This assumption is false. Prosecutors must build a DWI or DUI case on legally gathered evidence, and experienced defense lawyers know how to challenge that evidence:

  1. Demonstrating a lack of probable cause for your arrest can lead to reduced charges or complete dismissal.
  2. When police officers fail to administer field sobriety tests in accordance with rigid federal standards, the test results lose their credibility in court.
  3. Contaminated blood samples or delayed testing procedures create a reasonable doubt that works to a defendant’s advantage.
  4. If the police do not advise you of your rights before an interrogation, any incriminating statements made during questioning become inadmissible. 

Let Barrett Legal PLLC Defend Your Rights and Freedom

Facing the Texas legal system alone leaves you vulnerable to aggressive prosecutors who seek maximum penalties. At Barrett Legal PLLC, we bring an assertive, relentless approach to DUI and DWI defense. We fight to defend your record, protect your driving privileges, and secure your freedom.

We do not accept police reports at face value or encourage clients to accept unfair plea deals. Whether we are negotiating for reduced charges or presenting a compelling case before a jury, we remain committed to achieving a favorable resolution for our clients.

A DWI or DUI charge threatens your livelihood, family, and future, but with dedicated legal counsel on your side, you can fight back. Contact Barrett Legal PLLC at 361-542-4295 to schedule your initial consultation with an experienced Corpus Christi DUI defense lawyer.