DWI In Texas (Driving While Intoxicated)
According to the Texas Penal Code for DWI (Driving While Intoxicated – PENAL § 49.04.), DWI occurs when:
(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
(b) Except as provided by Subsections (c) and (d) and Section 49.09 , an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
What To Do When Charged With A DWI In Texas
This is an offense no one wants to experience. It’s a mistake that happens to many people and your personal outcome depends on your quick decision making now.
If you don’t know what to do, you aren’t alone. Many people have no idea what their rights are or how to proceed when they’ve suddenly been pulled over by a police officer on suspicion of and subsequently charged with driving while intoxicated.
The choices you make now by preparing for your future can change the course of what happens to you and what consequences you’ll face.
This is an uncertain time for you, but you can feel peace of mind by choosing the right attorney who will be on your side. If you are currently doing research on this topic, then you’re likely feeling the crunch right now.
Anxiety can begin to take over as you assess what is happening to you and your life after a DWI arrest. Some of your apprehension can be taken away with preparation by hiring the right defense attorney to keep you apprised of what’s happening and let you know what your options are.
What Are The Consequences Of A DWI?
You’ve heard of the possible consequences of DWI charges. Laws change and you’re not exactly sure how your particular situation fits into the scenarios you’ve heard about.
Understand that consequences are very serious when you’ve been convicted of a DWI in Texas. If your blood alcohol level when you were pulled over wasn’t within legal limits, many things will be at stake.
Your freedom is at stake in many forms. You may face jail time, your driver’s license could be suspended, limiting how you get to work and navigate your social life. You may have very large fines. Insurance rates will go up and you may not be able to rent a car if you need to.
If you find yourself in this predicament, the best and only option you have is to hire the services of a talented DWI attorney in Texas. Our firm knows the law and is your best opportunity to minimize damages this situation has on your life.
Texas DWI Offenses
First offense: A fine not to exceed $2,000 and/or the possibility of serving jail time from three days to 180 days, and a driver’s license suspension of 90 to 365 days. (Class B Misdemeanor)
Second offense: Fine increases to no more than $4,000 and/or jail from 30 days to one year, and a possible driver’s license suspension ranging from 180 days to two years. (Class A Misdemeanor)
Third offense: A fine up to $10,000 and/or two to 10 years of imprisonment, and suspension of your driver’s license ranging from 180 days up to two years. (Third Degree Felony)
DWI with a passenger under the age of 15: State jail felony. Punishment for a state jail felony is confinement in a state jail for any term of not more than two years or less than 180 days and a fine not to exceed $10,000.
DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication (Intoxication Assault): If convicted you may serve a minimum of two years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000. (Third Degree Felony)
DWI where a death has occurred as a proximate cause of the intoxication (Intoxication Manslaughter): If convicted you may pay a maximum fine of $10,000 and/or be imprisoned from two to 20 years (Second Degree Felony).
How Can A DWI Lawyer Help Me?
A professional DWI lawyer in Houston understands the fact that the state of Texas is hard on an individual that has been accused of drinking and driving. You need aggressive and experienced legal representation when you find yourself arrested on a DWI charge.
Skilled attorneys have the due diligence and the resources to perform comprehensive research regarding your DWI defense. They are experts at navigating the law and formulating the case for optimal outcome.
They know how to get to the heart of the matter by asking pertinent questions. The important factor to consider is they know how to gather evidence that can help you defend your case and your freedom.
An experienced trial lawyer in Texas knows how pertinent it is to fight against the state and protect your freedom. A DWI conviction can have tremendous consequences. Those consequences can vary depending on whether you have the right representation or not.
With talented legal representation backing you, you don’t have to worry about going it alone. An experienced trial lawyer such as Aaron W. Perry will do the necessary research and fight your case to its potential.
What To Expect From The Law Firm of Aaron W. Perry?
When working with the law firm of Aaron W. Perry, expect to be treated with respect and to have all of your questions answered. That in itself feels good when you’re experiencing a court system in Houston which makes you feel you’ve made a terrible mistake. A downturn in your morale won’t help your situation or your future.
We will communicate with you at every step. You’ll find us straightforward and 100% devoted to your case until it is resolved. Our firm is the conduit to do what you want but will guide you as to the best course of action.
We are very experienced with local judges and the local courts and have a great deal of experience in situations very like your own.
Making sure the jury hears and understands the facts, we can change the potential outcome of your DWI case in Houston. We feel successful when we can deliver an outcome that has a positive effect on someone’s life.
We are an effective advocate for clients and will push for their rights every time. Your case will depend on several factors, from your history to whether there were people hurt in an accident.
Factors That Come Into Play In A DWI Conviction
Before you enter a not-guilty plea, you’ll need to speak with a qualified and experienced attorney who knows how to protect your rights. You can fight the potential conviction.
There are many factors that come into play when a DWI conviction is pending. A person may fail a field sobriety test if they are nervous or tired, or for that matter have a medical condition. Even if they aren’t intoxicated they may fail the test.
The Aaron Perry Law Firm will ensure that procedures were followed to the letter of the law and any evidence collected is processed as required by law.
Decisions To Make Immediately Following Getting Arrested For A DWI In Houston
For example, if you hold a commercial driver’s license and refuse to take a breath test, your commercial driving status can be revoked for a year. If this happens, you would need to request a hearing within 15 days or you end up with an automatic suspension of your license 40 days after the arrest.
This is something you wouldn’t know without a defense attorney.
Without an experienced attorney you won’t know how to proceed to your advantage. The law is complex and going through the process with an informed ally is the only way to go.
Our office will counsel you to understand and take the appropriate steps. There are many points to the law that need to be considered.
For example, an officer can justify pulling someone over for reasons other than noting a specific blood alcohol level. Observation may be enough to show impaired driving. Many people don’t realize this is the case.
The point is, unless you’re an expert in the law, the complexities can leave you unprepared and unable to defend yourself without professional support.
Contact Us If You Have Been Arrested And/Or Charged With DWI In Houston
If you’ve been accused or arrested on a DUI/DWI charge, it is important you contact the Law Firm of Aaron W. Perry, PLLC. We can help defend your freedom and help obtain the best possible outcome for your case.
Phone: (713) 393-7788
Bellaire, TX 77401