According to the Texas Dept. of Transportation, someone is injured or killed in a crash involving alcohol every twenty minutes. If you have been arrested for driving while intoxicated (DWI) in Jacinto, TX, you may be facing heavy penalties and fines. Given the consequences of a drunk driving charge and conviction, you may want to give yourself the best chance of getting reduced or dismissed charges.
DWI attorneys are familiar with the science of blood alcohol concentration testing and can challenge your arrest on these grounds. They also know the proper procedures for arresting and charging an individual with DWI and can challenge your arrest if the police officer failed to follow arrest procedures.
DWI Penalties and Fines in Texas
Being charged with driving while intoxicated in Jacinto City, Texas can be an overwhelming experience. Your arrest was the result of impaired driving sue to intoxication from alcohol, a controlled substance, illegal drugs, or a combination of two or more of these substances. In accordance with § TX Sec. 49.04., depending on the circumstances of your arrest, the penalties and fines may be:
If This is Your First Offense:
- Fines of up to $2,000
- Six to 180 days in jail
- License suspension from 90 days to one year
- Annual fee of up to $2,000 for three years to keep your driver’s license
If This is Your Second Offense:
- Fines of up to $4,000
- One month to One year in jail
- License suspension for a minimum of one year
- Annual fee of up to $2,000 for three years to keep your driver’s license
If This is Your Third Offense:
- A fine of $10,000
- Two to 10 years in prison
- License suspension for one to two years
- Annual fee of up to $2,000 for three years to keep your driver’s license
Penalties can also include community service, DWI classes, and treatment programs. You may also be required to install a special ignition switch in your car, if this is your second or third DWI. Your insurance can go up drastically or your insurance company may drop you completely.
If there was a passenger in your car under the age of 15, you may be charged with a state jail felony, 180 days to two years in state jail, and a fine of up to $10,000.
How a Jacinto City DWI Lawyer Can Help Your Case
Lawyers understand that you have rights from the time law enforcement pulls you over. You have the right not to answer any questions because anything you have to say can be used against you. You can also refuse to take a sobriety test in the field. Although the police may still arrest you and take you to jail, you have the right to remain silent until your lawyer arrives.
In Texas, if you refuse a Breathalyzer or blood test to determine your BAC, your license may be suspended for 180 days. Your attorney can help you request an administrative license revocation (ALR) hearing from the Texas Department of Public Safety in an attempt to get your license back.
Being Your Own Lawyer
Given the seriousness and consequences of this charge, it may be helpful to contact Eddington Worley Attorneys at (855) 600-6695 for help in fighting this charge. Criminal defense can be complex, and if you are defending against a DWI, your Jacinto City DWI lawyer may be employing technological, biological, toxicological, anatomical, physiological, and scientific defenses. An attorney will look at your case from all angles and know how to best present your case. Attempting to do this on your own may prove very difficult and the stakes are too high with a DWI charge. Remember that you are innocent until you are proven guilty.
DWI Arrests Resulting in Felony Charges
Under certain circumstances, DWI convictions can result in you having a felony on your record in Jacinto, TX. Although your first DWI conviction is a Class B misdemeanor, and your second is a Class A misdemeanor, a third conviction will be considered a third-degree felony. Even if this is your first DWI conviction, you could be charged with a felony if:
- You drove with a minor under 15 in your car
- Your DWI charge is from an accident that occurred where another driver suffered serious bodily injuries (also known as intoxication assault)
Felonies on a Criminal Record
If you are convicted of a felony in Texas, you must serve your jail term in a state prison or state jail. Other examples of felony crimes include murder, some cases of domestic violence, sexual assault, certain drug offenses, and theft involving highly valued items. If you have a felony on your record, it can affect:
- Your right to vote;
- Your right to hold public office;
- Being able to find or keep a job;
- Being able to get a mortgage or any kind of loan;
- Being able to rent or continue living in your rented apartment;
- Your right to serve on a jury; and,
- Your right to own a gun.
Felonies can remain on your record permanently.
Getting Legal Aid from a DWI Lawyer and Drunk Driving Defense
Your Jacinto City DWI lawyer will construct a strategic defense based on the evidence and work to help you maintain your driver’s license. He or she can challenge the prosecution by:
- Representing you at the ALR hearing
- Making sure that none of your constitutional rights were violated during the arrest
- Challenging the veracity of a field sobriety test
- Challenging breath tests
- Challenging blood tests
- Having the court suppress evidence or exclude testimony
- Challenging the testimonies of the police officers
- If a car accident resulted from your DWI, proving that it was not your fault
Give yourself the best chance of defending against your DWI charge. Call Eddington Worley Attorneys at (855) 600-6695 for help in handling the consequences of your arrest. We are standing by to fight for you.
