Driving While Intoxicated
If you have been charged with a DWI, it might be time to hire an attorney. There are many factors at play and the Brasher Law Firm can help make sure you’re rights are protected.
What is a DWI?
Driving while Intoxicated, or DWI as its more commonly referred, references a criminal offense in which a person is accused of driving after drinking alcohol. Texas, takes this offense very seriously, and you should too. While it is not illegal for a person to drive after having a few drinks, a person must maintain their mental and physical facilities. In Texas, the legal blood alcohol level is 0.08%. This is quite a low standard, and a person’s blood alcohol level can register over this amount if they have more than a few alcoholic beverages in a few hours. It is important that anyone who has a few drinks before driving understand how much alcohol their body can tolerate based on their height, gender, and weight. Typically, police will be looking for cars who are swerving, driving too fast or too slow. Once pulled over the police will try to get the drive to voluntarily agree to a breathalyzer, field sobriety tests, or even blood tests.
The severity of a DWI greatly depends on whether or not you have been charged or convicted of on in the past.
Always keep in mind that you have rights. These field sobriety tests are designed for people to fail them. The breathalyzer test equipment uses outdated science that is often unreliable. Even worse, blood tests must be conducted in specific ways so that can be admissible in court. This is where having a lawyer can serve as a benefit it fighting your case. A lawyer, especially a DWI lawyer, is well versed on all of these facts and can expertly craft a defense that is perfect for you and your situation. If you are ever pulled over and accused of driving while under the influence of alcohol remember that you have the Constitutional right to refuse a breathalyzer, field sobriety tests, and even blood tests. If you refuse, it is likely that you will be arrested, but this provides your attorney the most opportunity to create the best defense to your case. Keep in mind, if you fail any of the mentioned tests you will likely get arrested anyways.
How serious is my DWI?
The severity of DWI offense greatly depends on the offenders past history. A good lawyer will take this into account when working on your defense strategy. Consider the following:
- A persons first DWI is a class B misdemeanor, however if the blood or breath was tested and it was .15 or higher it becomes a class A misdemeanor. A Class B misdemeanor is punishable up to 180 days in jail and up to a $2000 fine.
- A persons second DWI is a class A misdemeanor, and is punishable from up to 1 year in jail and a fine not to exceed $4000. Your driver’s license can be suspended for anywhere from 180 days to 2 years.
- A persons thirds DWI has the possibility of being enhanced to a state jail felony, with a punishment range of 180 days to 2 years.
What if there was an open container in the car?
Everyone has been in a situation when driving to or from a social gathering where they needed to transport a bottle of alcoholic beverages. There are lots of rumors floating around about what one should do in this situation. If the bottle is unopened, it can legally be anywhere in the vehicle. However, it should probably be out reach from the drive so that it does not arouse any suspension. On the other hand, if the bottle has been opened it should always be secured in the trunk. This is because if you are pulled over, or even worse charged with a DWI the repercussions and punishments become significantly more severe if you are caught with an open container.
Hire an attorney as soon as possible
The severity of this offense is a prime example of why hiring an attorney is in your best interest. Another reason to hire an attorney as soon as possible are the implications a DWI can have on your driver’s license. Once you have been accused of driving while intoxicated you have 15 days to request an administrative license revocation hearing, otherwise your license will be suspended. Depending on the circumstances, this suspension could last up to two years.
Being convicted of driving while intoxicated quickly becomes a nightmare. Not only is it expensive, but it can potentially stay on your record, you could lose your license, or even worse you could be confined in jail. Do not take chances with your future! Hire an experienced DWI attorney who can help you move on with your life in the quickest, most cost efficient way.