Texas Drinking And Driving Laws – Have you been charged with drunk driving or DWI? The consequences of these claims can be long-lasting. While drunk driving may seem like a minor offense, the consequences can be felt in many areas of your life. Make sure you have an experienced DWI attorney to help you build a strong defense.
The Law Offices of W. Todd Verwire can help you avoid the harsh penalties associated with a DWI prosecution. After analyzing the specific circumstances of your case, we will have a better idea of how to approach your defense strategy. To learn more about your case, contact our criminal defense firm today for an initial consultation.
Texas Drinking And Driving Laws
Many people assume that drunk driving charges only apply when the blood alcohol concentration (BAC) is above the legal limit. Under Texas law, it’s .08% for adults. Unfortunately, alcohol is the only drug that leads to DWI arrests and charges. You may still be at risk if you take prescription drugs that impair your normal mental ability. Likewise, operating a vehicle (not just a car, but a motorcycle, bullock cart, or even a lawnmower) while under the influence of illegal drugs such as marijuana, K2, or other illegal drugs can result in a DWI arrest and prosecution. . If this happens, it is important to have an experienced DUI attorney who will work hard to protect your rights and your future.
Marijuana Dui Laws
DWI charges are not limited to times you have been drinking. Alcohol-based DWI arrests remain the leading cause of DWI cases in Williamson County, with an increase in cases involving prescription or illegal drugs. After local law enforcement agencies use “Drug Recognition Specialists”—police officers with additional training and more training than the regular DWI category—they spend more time investigating and testing people for impaired driving through several additional tests. . Determine what class of drug the driver is driving – stimulant or depressant.
Because some prescriptions can cause these kinds of problems, even over-the-counter allergy medications can cause problems—say, Benadryl—it’s important not to answer questions about the medications you’re taking. You stop using it. Exercise your right to remain silent and consult with an experienced criminal defense attorney. If drugs or a combination of drugs cause a general loss of physical abilities, you may think it is acceptable to drive after taking your prescription drugs, and you may be at risk of considering a DWI charge. When reading about the side effects of your medications, think extra and pay attention to the warning labels on the side of the bottle.
Before your DWI case goes to trial, you can expect the Texas Department of Public Safety (DPS) to file an administrative case against you. This requires your immediate attention because you only have 15 days after your DWI arrest to request an administrative hearing.
This is your only chance to avoid an administrative suspension of your driver’s license before you meet with the judge involved in your criminal case. If you do not request an administrative hearing before the expiration date, you can expect your license to be automatically suspended for at least 90 days. This is the case even if the criminal case has been dismissed, is still pending, or if you are ultimately acquitted in the criminal case. While you may be able to get credit for having your driver’s license suspended in a criminal administrative arrest case, a suspended administrative license means you cannot drive without a professional driver’s license.
Georgetown, Tx Dui Attorney
Your DUI attorney will be prepared to challenge the police officer’s testimony against you. In administrative hearings, law enforcement officers often do not have time to prepare accordingly, or sometimes make statements that they did not make, which leads to problems that can be used in criminal cases. This can lead to disagreements and inconsistencies in evidence, which will ultimately benefit your case.
In addition to helping you fight DPS administrative penalties related to your driver’s license suspension, my office is dedicated to helping you fight DWI criminal penalties. The number of DWIs on your record will affect the severity of your sentence. Keep in mind that when arrested for an alcohol-related DWI, the ignition key will be required to be installed in any vehicle that you have access to or have access to. It does not matter whether the vehicle is in the name of your spouse, parent, or girlfriend. If you’re driving, it’s best to install the ignition lock until your case is resolved. Otherwise, you could find yourself in jail for violating the terms of your loan.
If this is your first drunken driving charge, you face a Class B misdemeanor unless there are aggravating circumstances. Generally, a first DWI conviction carries the following penalties:
Your BAC level affects the range of your penalties. For example, if your BAC is below .15%, you face up to six months in jail, a fine of up to $2,000, and a fine of $3,000 to $4,500. However, when your BAC level reaches .15% or higher, your Class B felony charges will be upgraded to Class A felonies and you face life in prison. Fines of up to $4,000 within 365 days and $6 million in fines.
Drunk Driving Regulations On Truck Drivers
If you are charged with DWI with a child passenger, you may face additional criminal charges. In state prisons, this is considered a felony. Up to 24 months in a Texas prison and a fine of up to $10,000 can seriously affect your life.
On the other hand, you could face DWI charges with an open container. Depending on your BAC level, this could be a class A or B misdemeanor. The minimum penalty for DWI with an open container is six days in jail. You can expect your DUI attorney to have difficulty getting your DWI charges reduced to a lesser offense, such as DWI with an open container, which carries lower penalties.
If you have been charged with a second DWI, you need a Georgetown DUI attorney to represent you. Criminals face additional criminal penalties again. You can be jailed for at least three days. If the sentence is enforced, these penalties can be increased. For an alcohol-related DWI, you will be ordered to install an ignition switch at your own expense and fined up to $6,000.
When you have three or more DWI convictions, your penalties will increase significantly. Instead of facing a second degree charge, you will be charged with a third degree felony. You could face up to 10 years in the Texas Department of Corrections or prisons. You can also be fined up to $10,000.
Corpus Christi Dwi Lawyer
Even if you are allowed to stand trial, you will receive a minimum of 2 years in prison – a / k / a, Texas Department of Corrections – and a maximum of 10 years. Your driver’s license can be suspended for up to a year, and you can face many of the same consequences as a felony DWI conviction on your record. For example, upon release, you may be ordered to install an IID that requires you to blow off a respirator before your vehicle can start. If it is your fourth or fifth DWI, you will face a lifetime suspension of your driver’s license and advanced jail time.
A DWI criminal record isn’t the only thing you need to worry about. As a result of this condemnation, it can seriously affect your life not only now, but for years to come.
Note that a DWI conviction is not expunged, so it remains on your record and will show up on your background check any time your employer, higher education institution, or other third party has to check. Check the background. You may miss out on these opportunities because of your confidence. Other possible collateral effects of a foreclosure may include:
DWI isn’t just for people over 21. If you were under 21 when you were arrested in Texas, your sentence depends on your age. The main difference is that instead of showing .08 or BAC
Should You Refuse A Field Sobriety Test In Texas?
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