Can a Texas Drunk Driving Attorney Alter the Outcome of Your DWI Charges?

A Texas drunk driving attorney understands the many issues surrounding the person who has been charged with DWI. The person arrested under suspicion of DWI is likely anxious and scared, and uncertain of what the future holds. Speaking to a knowledgeable Texas drunk driving attorney can allay many of these fears. Once the drunk driving attorney in Texas has fully examined all the facts surrounding the case, options can be offered and decisions made. Perhaps the person declined to participate in the sobriety tests and now needs to know how this will affect his or her future. The qualified Texas drunk driving attorney can answer questions like this as well as questions relating to the suspension of driving privileges.

Information Crucial to a Successful Outcome

If you have been arrested on DWI charges, it can be extremely beneficial for you to speak to a knowledgeable Texas drunk driving attorney very soon after your arrest. First and foremost, you should never treat your DWI charges lightly; as your Texas drunk driving attorney can tell you, the consequences for a DWI conviction can be extremely severe. After speaking to a knowledgeable drunk driving attorney in Texas, you will have a better understanding of the consequences, such as:

·         Fines as high as $5,000 as well as court costs

·         Possible jail time

·         The loss of your driver’s license

·         The necessity of an Interlock device on your vehicle

·         A dramatic rise in your auto insurance rates

·         A permanent “blot” on your criminal record

·         The possibility of being unable to obtain employment

A Texas drunk driving attorney is also aware that the state must prove beyond a reasonable doubt that the person accused of DWI was actually operating a motor vehicle after having consumed enough alcohol to put him or her over the legal limit of 0.08%. Your attorney will be able to discover the strengths and weaknesses of the case the state of Texas has against you, and will discuss the option of a plea bargain with you—weighed against those issues. Much of the stresses of being accused of DWI can be lessened when you speak to an experienced Texas drunk driving attorney.

When to Call a Houston Drunk Driving Lawyer

The state of Texas already has some of the tougher DWI laws, and many fear they are about to get even more severe. A man in Spring, Texas, bought a woman several drinks as they chatted in a bar. Later, the woman left, ending up driving the wrong way and killing two innocent victims. While this is certainly a tragedy, the man who bought the drinks may face criminal liability for his “role” in the accident. Dram shop liability laws as well as laws which hold hosts of a private party responsible for intoxicated guests who leave the party and cause an accident may have just gone one step further. It’s difficult to imagine that the age-old act of buying drinks for a person you meet in a bar could result in criminal charges. People who have been charged with DWI or have had criminal charges leveled against them for serving or buying drinks for another person could benefit from speaking with a Houston DWI attorney.

Long-Term Consequences of a DWI Conviction

There are so many extremely negative—and long-lasting—consequences of a DWI conviction that should you be accused of a DWI you must take these charges seriously and get the proper help early on in the process. A DWI conviction can cause you to lose your license for an extended period of time, be subjected to expensive fees and fines and have your auto insurance cancelled or at the least be forced to pay extremely high insurance premiums for years to come. You may be prohibited from owning a firearm, working with children, taking out a loan for college, running for public office, obtaining a professional license and you could even lose your job. With so much to lose, fighting DWI charges aggressively is imperative.

Helping You Avoid a DWI Conviction

An experienced Houston DWIlawyer has a variety of tactics which can be employed on your behalf once you have been charged with DWI. Even though the police and state prosecutor are held to higher standards of behavior, they don’t always follow those rules to the letter. In some cases police officers may pull you over without probable cause, or may search your vehicle without probable cause. A police officer may not stop you simply because he thinks you look suspicious; there must be clear reasonable suspicion which is more than the officer’s guess. Unless you are violating a specific traffic ordinance, an officer is not allowed to stop you. The police officer does not have the right to stop you simply to check your license and registration unless you have committed a clear traffic violation or there is articulable suspicion of a crime.

You could be detained longer than is reasonable for the police to investigate or a police officer may follow you into your residence with no invitation to do so. Further, as far as breath tests, blood tests and field sobriety tests, all rules of the Department of Public Safety must be followed to the letter and the Breathalyzer must be properly calibrated and properly used. Field sobriety tests are notorious for being unreliable due to the subjectivity of the test. Women wearing high heels can have serious difficulty walking on an uneven road shoulder even when totally sober. Those taking certain medications may be unable to balance well enough to pass the test and anyone who is extremely anxious and frightened following a DWI stop may be so nervous they are unable to pass the tests. As you can see, there are many ways a Houston drunk driving lawyer can help you, so don’t try to handle DWI charges on your own.

How a Houston DWI Lawyer Can Help You

Beginning September 1, 2013, the penalty for a hit-and-run fatality in the state of Texas will equal that of intoxicated manslaughter. The current law charges an intoxicated driver who is involved in an auto accident and leaves the scene with a third-degree felony. The maximum sentence under the current law is ten years in prison. The new law increases the offense to a second degree felony with a potential of a twenty year prison sentence. But what if you have been falsely accused of DWI?

If you believe that the justice system never makes a mistake, you should rethink that position. No one is in favor of intoxicated people getting behind the wheel of a vehicle and putting others in jeopardy, however every single day innocent people are charged with DWI. Whether you are truly innocent of the crime, or are a good person who made a bad choice, consulting a Houston drunk driving attorney could be your best choice following DWI charges.

DWI Penalties in Texas

The penalties in Texas for a DWI conviction are among the harshest in the United States. A first offense DWI can bring up to $2,000 in fines, six months in the county jail and 100 hours of community service while a second offense can garner up to $4,000 in fines, one year in the county jail, 200 hours of community service and driver’s license suspension of two years. Third and fourth offense DWI convictions bring even harsher penalties. In addition to these penalties you could also face supervisory fees, probation and license reinstatement penalties. There are other consequences of a DWI conviction including:

·         The inability to obtain a student loan

·         The inability to obtain a professional license

·         The inability to own a firearm

·         The inability to work with children

·         The inability to keep your current job or obtain a future job

·         Cancellation of your insurance or the addition of extremely high premiums for many years

·         The social stigma of having a DWI conviction on your record.

The Flaws Inherent in Sobriety Tests

Whether you are asked to submit to a Breathalyzer test, a blood test, field sobriety tests or a combination of the above, be aware that all these tests are far from perfect. Breathalyzer machines may not be correctly calibrated or the officer administering the test may not be properly trained. When blood is drawn it may be done in less than sterile conditions, or the blood lab may not properly handle the blood sample once it is received. As far as field sobriety tests, there are many variables—along with the officer’s subjective beliefs—rendering the tests far from foolproof. The weather, the person’s age, height, weight, health, medication being taken, level of fear or anxiety and even the shoes they have on can all have a bearing on tests which measure balance.

Getting the Help You Need Following DWI Charges

Any way you look at it, a DWI arrest is a jarring, anxiety-ridden event with repercussions which can stretch far into your future. Decisive action could be the only thing that saves you from spending months in prison, thousands of dollars and a permanent criminal record. Your best interests may best be served by speaking with an experienced Houston drunk driving lawyer before you say anything to the police (other than your name and address). Your future is at stake, so don’t take DWI charges lightly.