Misdemeanor DWI

Corpus Christi Misdemeanor DWI Lawyers

A traffic stop by a Corpus Christi police officer or Texas state trooper could turn into a sudden DWI arrest, putting your job, family, and future in immediate jeopardy. Texas aggressively enforces driving while intoxicated (DWI) laws, and prosecutors in Nueces County treat every DWI charge as a serious criminal offense. You’ll need aggressive legal representation that meets the state’s case head-on.

A Corpus Christi misdemeanor DWI lawyer at Barrett Legal PLLC can scrutinize the state’s evidence and prepare a smart, effective defense strategy designed to bring your misdemeanor DWI case to its best possible outcome.

Don’t wait for your court date to begin preparing your defense strategy. Now or in the future, if you’re charged with misdemeanor DWI in the Corpus Christi area, promptly call Barrett Legal PLLC at 361-542-4295 to schedule a consultation with a Corpus Christi misdemeanor DWI attorney.

Understanding Texas Misdemeanor DWI Laws and Charges

Texas law establishes a precise definition of driving while intoxicated. A person commits a DWI offense by operating a motor vehicle in a public area while intoxicated. Texas law defines intoxication in two ways:

  1. Not having the full use of your mental or physical faculties because of alcohol consumption, drug consumption, or both.
  2. Measuring a blood alcohol concentration (BAC) level at or over 0.08%.

Texas prosecutors vigorously pursue criminal DWI charges for driving under the influence of any unlawful drug or prescription medicine, even when a driver measures a zero blood alcohol concentration level.

How Are DWI Misdemeanors Classified?

If you are convicted, the details of your misdemeanor driving while intoxicated charge will determine the penalties. Classification of a misdemeanor DWI charge depends on the specific circumstances of the driving incident and the arrest:

First Offense DWI (Class B Misdemeanor)

A standard first offense DWI with a blood alcohol concentration level under 0.15% is classified as a Class B misdemeanor. If the arresting police officer finds an open container of alcohol in the vehicle, the mandatory minimum jail time increases from 72 hours to 6 days.

High BAC First Offense (Class A Misdemeanor)

A first DWI offense becomes a Class A misdemeanor if a breath or blood test measures a BAC level of 0.15% or higher, increasing the maximum fine and possible jail time for a conviction.

Second Offense DWI (Class A Misdemeanor)

If you have a prior DWI conviction on your criminal record, Texas law increases a second offense to a Class A misdemeanor, which requires a mandatory minimum confinement period of 30 days upon conviction.

Third offenses, DWIs with a child passenger under 15 years old, or incidents involving serious bodily injury raise the misdemeanor charge to a felony. Regardless of the exact charge, our legal team at Barrett Legal PLLC can aggressively challenge and cast doubt on the state’s case against you.

Penalties for Misdemeanor DWI Convictions

A conviction for a misdemeanor DWI charge entails harsh penalties. Texas judges are seldom lenient in DWI cases, so the help of an experienced, aggressive Corpus Christi misdemeanor DWI lawyer is essential. Misdemeanor DWI penalties under Texas law include:

  1. Class B misdemeanor DWI: A fine of up to $2,000, jail confinement between 72 hours and 180 days, and a driver’s license suspension ranging from 90 to 365 days.
  2. Class A misdemeanor DWI: A fine of up to $4,000, jail time between 30 days and 1 year, and a driver’s license suspension of up to 2 years.

Beyond fines and incarceration, a misdemeanor DWI conviction can drain your financial resources. You may have to pay license reinstatement fees, probation supervision fees, and court costs. Texas courts can order convicted DWI offenders to complete alcohol education programs, perform community service, and install an ignition interlock device in the motor vehicles they operate.

A permanent criminal record can negatively affect employment opportunities, housing applications, and credit requests. Insurance companies routinely assign high-risk status to drivers with DWI convictions. A Corpus Christi misdemeanor DWI attorney at Barrett Legal PLLC can focus on bringing your case to its best possible resolution.

The 15-Day ALR Deadline

A DWI arrest initiates two separate and distinct legal proceedings: a criminal court case and a civil administrative process targeting your driver’s license. The state’s Department of Public Safety will automatically initiate an administrative license suspension procedure.

You have exactly 15 days from the date you receive notice of your license suspension (the date of your DWI arrest) to request an Administrative License Revocation (ALR) hearing. Missing this deadline automatically suspends your driver’s license 40 days after you received the notice. License suspension periods under the ALR program vary based on these circumstances:

  1. Failing a chemical DUI test: A 90-day license suspension for an adult driver’s first offense.
  2. Refusing a chemical DUI test: A 180-day license suspension for an adult driver’s first offense.

An attorney at Barrett Legal PLLC can immediately request your ALR hearing. The ALR hearing can provide your defense attorney with a unique opportunity to question the arresting police officer under oath and gather other critical evidence.

Aggressive Defense Strategies

DWI prosecutors rely on police reports, field sobriety tests, and chemical test results. This evidence is not infallible. Barrett Legal PLLC can review every detail of your traffic stop and DWI arrest to identify technical defects, procedural mistakes, and violations of your rights.

Challenging Reasonable Suspicion and Probable Cause

A police officer cannot pull you over in traffic without reasonable suspicion that a traffic violation or a crime has occurred. We can examine dashcam and bodycam footage to determine whether the officer had legal justification for the traffic stop. If the officer pulled you over in traffic without reasonable suspicion, we can file a motion to suppress whatever evidence was obtained during the unlawful stop.

Field Sobriety Tests

Field sobriety tests are subjective and easily compromised by improper police instructions, poor weather conditions, fatigue, bright or flashing lights, or preexisting injuries. We determine whether the arresting officer strictly followed standardized field sobriety test administration guidelines.

Chemical Breath and Blood Tests

Breathalyzer and blood tests must comply with strict legal and scientific standards. We can investigate whether a breathalyzer device was improperly calibrated or whether a blood sample was contaminated or improperly handled.

Reduced Charges and Dismissals

When we discover flaws in the prosecution’s evidence, we can urge a prosecutor to reduce or drop a misdemeanor DWI charge. 

Choose Barrett Legal PLLC for Your Misdemeanor DWI

A DWI arrest, even for a misdemeanor charge, can leave you feeling overwhelmed, but you don’t have to fight the legal system alone. Barrett Legal PLLC represents clients in Corpus Christi and throughout Texas.

We don’t settle for quick plea deals that remain permanently on your criminal record. We cast doubt on the state’s evidence and go to trial whenever necessary to defend our clients’ rights and freedom. Winning for every client is our paramount goal.

Contact Barrett Legal PLLC today at 361-542-4295 to schedule an initial legal consultation. An experienced Texas DWI attorney can review your case, explain your options, and begin preparing an effective defense strategy on your behalf.