DUI is an abbreviation for driving under the influence, which is forbidden by law in most states, including Texas. As much as everyone has heard of the concept of being arrested for drunk driving, few may understand how exactly the law works and some of the ramifications of a DWI conviction. In case of a DWI arrest, there are some things that one needs to learn about the DWI laws and what penalties they attract, the various defenses available as well as how an experienced DWI attorney can be of assistance while going through the case. The subject matter of this article gives a broad understanding of DWI.
DWI vs. DUI: What’s the Difference?
Some states differentiate between Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) while in Texas, people refer to both terms interchangeably. DUI stands for driving under the influence, mainly alcohol or drugs, while in Texas a DWI may include any type of impairment.
Texas does not officially recognize DUI, but where it does occur is when the driver is a minor. An adult who is arrested for operating a vehicle while being under the influence is most likely going to be charged with DWI, regardless of whether it was alcohol or narcotics. Thus, one also has to admit that introducing DWI in Texas involves more than a high BAC level.
Legal Consequences of DWI: Penalties and Charges
The consequences for the offense of DWI in Texas are as follows: First offense: Fine not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000); Second offense within ten years: Fine not less than three hundred fifty dollars ($350) nor more than one thousand five hundred dollars ($1,500); Third or more offense: Fine not less than seven hundred fifty dollars ($750) nor more than three thousand Thus, when actually charged it may cause very serious consequences, even if this is the first time the offender is facing DWI allegations.
Why is Immediate Legal Assistance Crucial?
To anyone arrested on DWI, it is strongly recommended that they should find themselves a lawyer at once. Generally, the criminal justice system of any state could complicate matters, Texas being no exception. It remains extremely important for anyone caught on the wrong side of the law to understand the legal process in a bid to help their defense attorneys do a better job. The specialized DWI lawyer can offer the right recommendations to take the necessary actions that will defend the more experienced representation.
1. Protection of Your Rights
From the very moment you are pulled over or arrested for DWI, constitutional rights exist that must be protected. A qualified DWI lawyer will ensure that your rights are not taken away from you during arrest, and they will examine whether police procedure was properly followed.
2. Navigating the Legal System
It is pretty imperative to understand Texas’s laws of operation in regard to DWI. From the filing of the charges to even plea bargains, a DWI lawyer will handle your case efficiently. They would thus explain your options in view, whether you may like to fight the charges or seek a plea bargain.
3. Mitigating Penalties
A DWI lawyer negotiates for lesser penalties. For instance, if you are a first offender, you can even work out lighter sentences, like community service or some driving courses, which are compulsorily required. In some cases, your lawyer will be in a position to avoid a criminal conviction by getting the case dismissed or downgraded.
4. Investigating the Evidence
The DWI attorney will look into whatever evidence there is against you, whether it be Breathalyzer test results, field sobriety tests, or even the circumstances of your arrest. To whatever extent the evidence can be challenged or suppressed, such as tests conducted improperly. Your attorney will use that to your benefit.
Common Defenses to DWI Charges
A DWI charge may sound very intimidating to many people, although a defense attorney will indicate that some common defenses can be raised in the case. An experienced DWI lawyer is the one who is capable of discerning which defense strategy will be most appropriate in your case.
1. Unlawful Traffic Stop
If the police had no reason to pull you off the road, they might be considered guilty of a violation of your rights. For instance, should the officer fail to report to the witness any traffic infractions or did not have a prior suspicion that the driver was intoxicated, then your lawyer can look for and argue that the stop was unlawful and as such the charges should be dropped.
2. Faulty Breathalyzer or Blood Test Results
Breathalyzer devices have to be re-calibrated over a period of time. If there was no proper maintenance, the results of the test are not right. Also, the use of the breathalyzer will produce incorrect results if it has not been administered correctly.
3. Field Sobriety Test Errors
Field sobriety tests are subjective by nature and can be influenced in a number of ways: physical conditions, everything from fatigue or injury to weather. These tests’ results can be contested based on the officer’s not properly administering the tests or other external factors impeding your performance.
4. Medical Conditions and Medications
Other medical conditions and some medications have symptoms similar to intoxication. With this, if you were suffering from a medical condition, such as diabetes, or taking medications, especially those affecting coordination, then your attorney can establish the fact that these very symptoms were mistaken for intoxication.
The Role of a DWI Lawyer in Your Case
When arrested for DWI, then you need to find someone who practices DWI defense. An experienced DWI attorney is able to guide you on what the law states in Texas, advise you accordingly and defend you. A lawyer will also explain your legal options to get your rights protected and the best way to go about it.
A DWI lawyer will be able to lead one through the process and offer support each step of the way for those seeking professional legal representation. Their expertise will surely make quite a difference in achieving the best possible outcome.
Conclusion: The Importance of Prompt Action in DWI Cases
The charges for DWI are extremely serious and may carry the highest consequences on one’s criminal record, driving privileges, and general life. Understanding the law and taking that immediate, vital step in protection could be all that is needed. The addition of an expert DWI lawyer offers the right legal skills needed to take charge of the case at hand, oppose any evidence against you, and probably lessen the charges meant for you.
By seeking the services of a professional lawyer as soon as possible, you ensure your rights are guarded and stand the best chance at an optimal outcome of your DWI case.
