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GENERAL AMOUNT OF EXPERT DWI HELP?
WANT TO HAVE YOUR LICENSE BACK TODAY?
WANT AN ATTORNEY WITH MORE THAN 1500 CASE EXPERIENCE WITH DWI CLIENTS?
HOW DOES A McKinney ATTORNEY
WIN THE DWI?
HIRING AN EXPERT TEXAS DWI ATTORNEY IS VERY CRITICAL TO THE OUTCOME OF YOUR CASE!
Under Texas law, driving while intoxicated under the influence of drugs or alcohol is a criminal offense that can have very serious legal consequences. Authorities are actively looking for people who violate the law, and many motorists are surprised to discover that they can be accused of driving while intoxicated (DWI) after just a couple of beverages. In many cases, motorists may be apprehended for a DWI even if their blood alcohol concentration (BAC) is below the limit that the law specified as “drunk.”.
Thankfully, there are often a number of ways in which a Texas DWI defense lawyer can help in reducing the consequences you might be facing if you are implicated in drunk driving. In some cases, an attorney may even have the ability to have the case against you dismissed or dropped by the state.
WHEN TO WORK WITH AN EXPERT DWI ATTORNEY
A Texas DWI charge is an incredibly serious matter and can lead to considerable legal and collateral consequences. Consequently, it is best to hire a knowledgeable attorney as quickly as you can after you are arrested for DWI. Frequently, the earlier a lawyer becomes involved, the much better the last outcome of a criminal case will be. An attorney can assist you to make sure that you ask for an administrative hearing in order to challenge the suspension of your license, communicate with court officials on your behalf, negotiate a favorable plea contract, and may even be able to have the case against you dropped or dismissed. Amongst the important things to think about when hiring an attorney include:
- Whether the attorney has previous experience dealing with McKinney DWI cases
- Whether the lawyer has effectively acquired favorable results for other clients in similar scenarios; and
- Whether the lawyer thinks that you can obtain a beneficial result in your case
- What is driving while inebriated under Texas Law?
- While intoxicated or drugged driving is prohibited across the United States, each state has specific laws specifying the offense and its associated legal penalties. In Texas, the general driving while the intoxicated law is discovered in Texas Penal Code Title 10, Chapter 49. The statute defines the term “inebriated” in 2 unique methods:
- Not having the typical use of your mental and physical abilities due to the consumption of drugs or alcohol; and/or
- Having a BAC of.08 percent or more.
For certain classes of drivers, the BAC limit is lower. For example, motorists who are under 21 years of age are prohibited from driving with any detectable quantity of alcohol in their system, and commercial motorists are subject to a. 04 percent legal limit.
PROOF OF INTOXICATION
When investigating a driver suspected of driving while intoxicated by drugs or alcohol, police officers can use a range of methods to gather evidence of intoxication and problems. Objective measures of an individual’s blood, breath, or urine can be utilized to determine a chauffeur’s BAC. It is very important to note, however, that a BAC above the legal limit is not needed to legally implicate someone of DWI in McKinney, Texas; rather, probable cause suggesting that you are intoxicated is enough for an officer to arrest you.
Amongst the kinds of observations, an officer can think about in determining whether a motorist is intoxicated consist of observations about the driver’s appearance and habits, the presence or odor of alcohol, and the driver’s performance on a range of field sobriety tests.
SUMMARY OF DWI PENALTIES
For the functions of driving while intoxicated (DWI) and other laws including alcohol, Texas law specifies anyone under the age of 21 as a “minor.” Minors are forbidden from driving an automobile with any noticeable quantity of alcohol in their systems. For a very first offense, minors who are caught driving after drinking any alcohol face fines, probation, loss of their right to drive, compulsory enrollment in an alcohol education class, community service, and the setup of an ignition interlock device. These penalties increase considerably with each subsequent offense, and in a lot of cases can include jail time. Fortunately, an experienced Texas DWI defense lawyer can often reduce these and other long-term consequences that minor DWI wrongdoers might face.
DWI-DUI PENALTIES: ADULTS
The charges in Texas related to driving while intoxicated (DWI) have actually grown significantly harsher over the past few decades. While particular penalties enforced after a DWI depend upon a variety of elements, the most relevant are the number of previous offenses along with your blood alcohol content (BAC) at the time of your arrest. Below is some info on the charges that may be enforced after being implicated in driving while intoxicated by drugs or alcohol:
- 1st DWI Charge/ Offense – After your very first DWI offense in Texas, you may be fined as much as $2,000 and spend in between 3 and 180 days in jail. In addition, your license might be suspended for approximately 2 years, and there might be a yearly surcharge of as much as $2,000 to keep your license for 3 years. Finally, you might be needed to set up an ignition interlock device on your vehicle and go to a DWI intervention or education program.
- 2nd DWI Charge/ Offense – After a first offense, the charges associated with DWI in Texas boost significantly. A 2nd offense might lead to fines of up to $4,000 and a jail sentence of one month to one year. The license suspension associated with a Second DWI offense can last up to 2 years, and there might be a three-year annual surcharge of as much as $2,000. In addition, you may be needed to set up an ignition interlock device in your automobile. Under Federal Motor Carrier Safety Administration (FMCSA) policies, an individual who holds a commercial driver’s license (CDL) goes through a. 04 blood alcohol content (BAC) limitation when he or she is operating motorist’s license. While it might be appealing to just drive while your license is suspended, it is very possible that this will exacerbate your legal difficulties. Luckily, Texas law allows individuals whose motorists’ licenses are suspended to request an occupational license, likewise referred to as a restricted license or a hardship license. These licenses allow individuals whose motorists’ licenses are suspended to drive to and from specific locations during the suspension, such as school, work, or for the efficiency of household tasks. In order to obtain an occupational license, you should:
- File a request with the court that is handling your DWI case
- Acquire a court order for an occupational license and other supporting documents to the Texas Department of Public Safety (DPS)
- Pay a $10 charge to get an Occupational License; and
- Pay license reinstatement charges.
While the procedure of obtaining an occupational license may seem complex, it is well worth it for people who have to continue driving. A knowledgeable DWI attorney can help you through the procedure and make sure it goes as efficiently as possible.
RESTORE YOUR TEXAS DRIVER’S LICENSE
While the actions to renew your chauffeur’s license are typically very clear, the procedure often takes a significant quantity of time and effort. These steps include the following:
- Complete any duration of revocation or suspension ordered by the court
- Pay all fines related to your DWI, consisting of court expenses
- Complete any sentence ordered by the court
- Complete the Alcohol Education Program for Minors, the DWI Education Program, or the DWI Intervention Program, whichever the court orders; and
- Pay all charges connected with License Reinstatement and Additional charges.
Getting a DWI in Texas is an expensive event. In addition to any court-ordered fines and insurance coverage increases that you face, there are legal costs as well as extra fees to restore your license. For example, you should pay a $125 fee after an Administrative License Revocation in order to restore your license. In addition, under the Texas Motorist Responsibility Program, you need to pay additional charges related to the maintenance of your license, which can be as much as $2,000 each year for three years.