Texas First DWI Offense
Dallas DWI Lawyer, First DWI Offense in Texas
Texas is famous for some of the toughest punishments for law breakers in the United States. DWI is a common charge and it refers to driving while intoxicated. It is important for you to be aware of the procedures as well as your rights should you find yourself getting a Texas first offense charge of DWI. This is because this particular charge carries fines of up to $2000 and you can be sentence for 3 days to 6 months on this charge alone.
Being a first time offender also carries a 3 months to a year suspension of your driver’s license. In addition you must pay yearly charges to keep using your driver’s license and this may vary from $1000-$2000 for up to three years. Clearly, this is a punitive punishments and it therefore necessitate the need for a very good lawyer to get you out of the mess should you find yourself on the wrong side of the law.
The process of getting a DWI is not that complicated. The first thing most cops will do is check for signs of intoxication. They will question you on the amount drunk as well smell you for signs of alcohol.
You will also have to take a sobriety test of some kind. This may involve walking on a straight line as well as checking to see if your alcohol blood levels are more than 0.08.If the police also prove that you were physically and mentally impaired by other drugs at the time of driving, you will also be charged with a DWI offenses.
Once you are arrested for this offense, a lawyer is the first person you should contact. You will only have 15 days to request a ALR hearing which is essential if you want to avoid getting your driver’s license suspended for 90 days to 18o days depending on what test you took. During this hearing, evidence will be brought against you from witnesses and your arresting officers. You will also have a chance to defend yourself after which a lawyer will plead on your behalf. The judge will then determine if you can keep your license or not.
There are several aspects of this Texas first offense depending on the circumstances at the time. If you were charged with, driving while intoxicated with a minor present you may be jailed for a period between 6 months to 2 years. You may also have to pay a fine of up to $10000.a minor is anyone under the age of 15 years.
If you are charged with DWI offenses that resulted in serious injury, then it becomes a felony charge. The amount of fine charged can go up to $10000 with the jail time increasing from 2 years to 10 years in prison. A DWI manslaughter charge for a first time offender on the other hand, is quite harsh. It will cost you up to $10000 in fines as well as up to 20 years of your life in prison.
Since the breathalyzer tests can go wrong in case of faulty equipment, there is usually a possibility of a legal challenge that may get you out. A lawyer is very important in helping you mount a defense that can help you nullify any positive tests obtained through this method. This is why calling a lawyer, the soonest possible after your arrest is recommended if you want to avoid possible jail time. Such lawyers can also argue interference of results based on any other medications you were taking as well as environmental factors.
As a first time offender, it is possible for your lawyer to get you out on lesser charges. In such a situation, lawyers may be able to argue for community service as well as a probation period for up to 2 years instead of jail time. A lawyer may also be able to get your license restored to you after your probation period is over.
During the probation, you will also be required to take classes authorized by the judge. These classes will be on alcohol education and will be under the department of state health of Texas. It is important for you not to fail attending even one. Alternatively, your lawyer may be able to get this provision waived. A good lawyer is therefore an asset when it comes to combating a DWI Texas first offense if you do not want to end up in jail for a very long time.