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Irving DWI Attorney

When Do You Need a Lawyer for a DWI Charge?

Driving while intoxicated, commonly called DWI, is a serious criminal offense that can result in severe penalties if you are convicted. These penalties can include a prison sentence, hefty fines, and the loss of your driving privileges. Therefore, you are in serious legal jeopardy when facing a DWI charge. Because of the severity of the offense, it is crucial to retain the services of a qualified DWI attorney. By working with an experienced lawyer, you can be sure to understand your legal options as you proceed through your case.

At the Law Office of Michelle Poblenz, we have defended numerous clients against charges of DWI. Our robust experience in this area sets us apart from our competition, as we not only understand the law, but we also know effective defense strategies that can be implemented based on the circumstances of your case. We will work with you every step of the way to ensure you are given a fair shot to overcome these charges and move on with your life.

Blood Alcohol Concentration (BAC) Limits

In Texas, operating a motor vehicle with a BAC of .08 percent or above is illegal. For drivers below the legal drinking age of 21, Texas has a zero-tolerance policy for alcohol, meaning any detectable amount in their system can result in a DWI charge. Moreover, commercial drivers in Texas are subject to a lower limit of a BAC of .04 percent, and those who exceed this limit may face CDL violations as well as DWI charges.

Possible Punishments for DWI if Convicted

The penalties for DWI in Texas depend on several factors, including the driver's BAC level, whether they have any prior DWI convictions, and whether a case involved an accident or injury. Here are some of the potential penalties for DWI in Texas:

  • First-time DWI - In Texas, a DWI charge for a first-time offender is a Class B misdemeanor, which can result in a prison term of 180 days if convicted, a fine of up to $2,000, and a suspension of your driver's license for a maximum of one year.
  • Second-time DWI - This is considered a Class A misdemeanor, resulting in up to one year in jail, a fine of up to $4,000, and a driver's license suspension for a maximum of two years.
  • Third-time DWI - This is considered a third-degree felony, resulting in between two and ten years in jail, a maximum $10,000 fine, and a driver's license suspension of up to two years.

Please be advised that these punishments do not include aggravating factors, such as driving under the influence of alcohol or drugs with a child in the car or causing an injury or death through intoxicated driving. Such situations will result in more severe punishments.

Defending Against DWI Charges

Some common defense strategies against DWI charges include:

  • Lack of probable cause - The police must have a valid reason for pulling you over, such as a traffic violation or suspicion that you were intoxicated because of erratic driving. If they did not have a reason to perform a traffic stop, evidence gathered after pulling you over might be inadmissible in court.
  • Improper administration of field sobriety tests - Roadside tests such as the walk-and-turn and one-leg stand are not always accurate indicators of intoxication. If the tests were administered improperly, or if the officer did not follow the proper procedures, the results may be challenged in court.
  • Inaccurate breathalyzer results - Chemical tests of alcohol in a driver's breath are not always accurate. Different factors, such as certain medical conditions, can influence the results, and it may be possible to challenge DWI charges based on an inaccurate reading.
  • Rising blood alcohol defense - Alcohol takes time to be absorbed into the bloodstream, so it is possible for a person's BAC to continue to rise after they have stopped drinking. The rising blood defense argues that the driver was not over the legal limit at the time of driving but instead became intoxicated after they were pulled over.

Contact a Dallas DWI Lawyer

A DWI conviction can have a long-lasting impact on your personal and professional life, and having a criminal record can alienate you from friends and family and restrict job opportunities. To fight these charges, hire an experienced DWI attorney to give yourself a fair shot at acquittal. At the Law Office of Michelle Poblenz, we understand how scary being charged with a crime can be. Fortunately, we are here to help. Regardless of whether this is your first, second, or third DWI, you can always trust us to protect your rights and advocate for your interests. Give us a call at 469-845-3031 or contact us online for a private consultation.

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