325-241-2868Southlake, TX DUI Defense Attorneys
Aggressive Legal Defense Against DUI Charges
If you have been accused of a DWI offense, you are probably fearful about what the future will hold. A DWI conviction can lead to significant criminal penalties and collateral consequences that can impede your ability to succeed in life. Only a qualified DWI attorney can defend you against life-changing charges so you can resume your life.
If you have been arrested for driving while intoxicated, you must seek legal counsel immediately. Contact our law office today to schedule a consultation. A qualified legal team member will professionally assess your case and determine what options best suit your needs.
Will I Have to Do Jail Time if I am Convicted of a DWI?
The most common question our clients ask is whether they will have to do jail time if they are convicted of a DWI. Texas has strict penalties for DWI charges. For example, if you are convicted of a first-time DWI, you could be sentenced to serve up to 180 days in jail, along with being ordered to pay a $2,000 fine. A second DWI conviction could result in you being sentenced to 30 days to one year in jail.
A third DWI conviction is typically charged as a felony, which could result in you being sentenced to two to 10 years in prison. If you are convicted of a felony, you will find it challenging to obtain gainful employment, suitable housing, qualify for financial aid, or legally own or possess firearms.
Can Hiring a DWI Defense Attorney Help Me Keep My Driver’s License?
If you have been charged with a Texas DWI, your first step should be to seek legal representation. Under Texas law, you must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest to challenge the license suspension. When you hire a defense attorney, they can request this hearing to try to prevent your license from being automatically suspended.
Challenging the Validity of DWI Tests
During the hearing, your attorney can challenge the suspension by attacking the validity of the traffic stop. If your attorney can prove that the police officer lacked probable cause, any evidence obtained could be excluded. This significantly weakens the state’s case, protecting your driving privileges. Your attorney can also challenge the accuracy of any field sobriety tests, which are based on the officer’s opinion.
Occupational License
If your license is suspended, your attorney can assist you in obtaining an occupational license that you can use to drive to work, school, medical appointments, or to run errands.
What are the Collateral Consequences of a DWI Conviction?
Aside from being ordered to serve prison or jail time, there are additional collateral consequences that can affect you for years to come.
Employment and Housing
One of the most problematic issues that anyone who has been convicted of a DWI will have to deal with is having a permanent record. Texas law mandates that a DWI conviction cannot be expunged, although it can be sealed via an Order of Nondisclosure.
With the ease and regularity of potential employers or rental agencies running background checks, a permanent criminal record could exclude you from obtaining gainful employment, having a professional license, or finding suitable housing.
Family-Related Legal Matters
DWI charges or a conviction can hurt family legal matters, such as child custody or visitation. Texas family courts will always make decisions based on what they believe is in a child’s best interests.
Insurance Ramifications
Auto insurance premiums will increase significantly after a DWI conviction. DPS can also impose yearly surcharges that range from $1,000–$2,000 to retain your driver’s license.
If you are convicted of a felony DWI, you can lose your right to vote and legally possess firearms. After a felony DWI, your vehicle may also be subject to forfeiture.
What happens if my BAC was over 0.15%?
If your blood alcohol concentration (BAC) was 0.15% or higher when you were arrested, you will face mandatory enhanced penalties, as it is considered almost twice the legal limit.
A BAC of 0.15% or higher is classified as a Class A misdemeanor, which, if convicted, could result in a sentence of up to one year of jail time, a $4,000 fine, and the installation of a mandatory ignition interlock device. Your driver’s license can also be suspended for 90 days to two years. If ordered to serve probation, you would have to perform community service and pay a mandatory DPS surcharge.
Having legal representation for enhanced DWI charges is essential to ensure you do not spend a year in jail or pay steep fines. A DWI attorney may be able to analyze the evidence to determine if the testing equipment provided a false reading or whether law enforcement officers wait too long to conduct a blood test.
Only a strong defense can help you avoid the numerous fines, penalties, and driver’s license suspension that accompany a high BAC. If you are facing enhanced criminal charges, the time to act is now, so your attorney can develop a legal strategy that can help you avoid Texas’s strict criminal penalties.
When Should I Hire A DWI Defense Attorney if I Have Been Arrested for Driving While Intoxicated?
You must hire an experienced DWI attorney as soon as possible after being arrested for driving while intoxicated. Having a DWI attorney on your side is the most effective way to prevent your license from being suspended. Your attorney can request and provide legal representation at the ALR hearing and advocate for you to keep your driver’s license.
Your attorney will also work to gather evidence that disputes the state’s claims that you were driving while intoxicated. Evidence generally includes dash and body cam footage, medical reports, and witness statements.
One of the most frequent issues in DWI cases is whether the testing equipment produced accurate results. For example, your attorney may be able to challenge the breathalyzer test results if they can prove the device was calibrated incorrectly or if blood samples were handled incorrectly.
Your criminal defense attorney will also ensure that your rights are protected throughout the legal process. Based on the evidence, your DWI attorney may be able to negotiate with the prosecutor to try to have your charges dismissed or reduced. If the state is unwilling to agree to drop the charges or a plea deal, your attorney can take the case to trial.
Contact Barrett Legal PLLC Today to Get Started on Building Your Defense Strategy
Being charged with a DWI offense can have long-lasting consequences that not only affect you but also your family. Having your driver’s license suspended or serving jail time can be financially crippling, especially in our challenging economic times.
Barrett Legal PLLC is a Southlake, TX law firm that is committed to helping clients protect their freedom and driving privileges. If you are facing criminal charges related to a DWI, please know that you are not alone, and our attorneys are prepared to fight for your rights.
Contact our law office today at 325-241-2868 to schedule a consultation and begin preparing your legal defense.