Even the most conscientious of drivers can unintentionally fall short of driving perfection and put themselves and others in harm’s way by operating a motor vehicle while influenced by alcohol or drugs. If you have been pulled over and arrested, it is because an officer believed you were too impaired to continue driving.
The punishments for operating a motor vehicle while under any alcoholic or drug-induced influence in Texas are harsh. A first-offense DWI carries a Class B misdemeanor charge can be a fine of up to $2000, a 1-year driver’s license suspension, and a jail sentence of up to 180 days. A qualified Texas DUI attorney will be familiar with the legal aspects of each of Texas’ jurisdictions and develop a plan to lessen the severity of the charge.
If you are accused of driving while under the influence of drugs or alcohol, a drunk driving attorney from Joe Cannon Law can help you fight for your rights. Attempting to represent yourself can be equivalent to waiving your rights. Our DUI defense lawyers can help you remedy the situation by ushering you through proactive steps before your court hearing and requesting that all instruments used to sanction your arrest be inspected and calibrated.
DUI & DWI in Spring, TX
Operating a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or above is illegal. The .08 limit is the benchmark used across the United States to classify an impaired driver. There are 4 ways a person can be charged with DUI.
- driving under the influence of alcohol
- driving under the influence of drugs
- driving under the influence of a combination of alcohol and drugs
- driving with a blood alcohol concentration of .08 or higher.
According to Texas law, you can still be charged if you test under the .08% level. A BAC of .05% is considered an impairment. Traffic offenses involving influence are severe and require more than just a drunk driving lawyer. Joe Cannon Law Offices is a firm comprised of attorneys skilled with all types of DUI/DWI cases in every Texas jurisdiction.
What is a DWI?
DWI is characterized as driving a motor vehicle while intoxicated in a public place. You are considered intoxicated if you cannot use your mental or physical facilities, generally due to alcohol or drugs in your body or if you have a blood alcohol concentration of at least 0.08 in Texas.
In most DWI trials, the definitionof intoxication is the most contentious issue. Our trial attorneys understand how to cross-examine state witness testimony and scrutinize evidence on this technical issue.
The officer will request that you perform field sobriety tests in addition to a breath or blood test. You have the right to refuse the breathalyzer or blood test and any field sobriety tests. You can be sure that the officer will videotape you with an in-car video recorder. In court, anything you do or say can be used against you.
Field sobriety tests have still not been found to be reliable indicators of intoxication. Numerous factors can cause a person to fail these standardized tests, which must be given by the National Highway Traffic and Safety Administration manual. Our skilled DWI lawyers will investigate these procedures as they were carried out during your arrest.
Consequences for a DWI in Texas
The fines for a DWI in Texas vary according to the type of DWI:
- Up to $3,000 in fines for the first conviction must be paid within 36 months.
- A second offense conviction within 36 months can result in a fine of up to $4,500.
- A first or subsequent conviction can result in a fine of up to $6,000. If the result of the BAC test is 0.15. The relevant result of the 0.15, according to the law, is not at the time of driving, but rather at the time of the test.
Underage DWI/DUI
If you are under the age of 21 the DWI laws are more severe. You can be below the legal limit for an adult (a person 21 or over) and be charged with a DUI (driving under the influence). This is a zero tolerance law just for people under the age of 21. This law states that if a minor has “any detectable amount of alcohol in his/her system” while driving a motor vehicle then they have committed DUI.
A DUI is classified as a misdemeanor of class “C.” This means you cannot face jail time or a fine of more than $500.00. (For a first offense, you may face jail time; for subsequent offenses, you may face significant jail time). However, in addition to the fine, probation, community service, and alcohol awareness classes may be imposed. Similarly, in the majority of these cases, the Texas Department of Public Safety will issue a notice of suspension and attempt to suspend the minor’s driver’s license. It’s the same administrative license revocation (ALR) procedure that is used in adult cases.
To summarize, a person under the age of 21 is not permitted to consume alcohol and then operate a motor vehicle. If an officer testified in court that he or she smelled alcohol on a minor’s breath during a traffic stop, the minor will be charged with DUI. This is true even if the officer believes the minor is under the legal limit of.08 and has not lost normal use of his or her mental facilities, but has consumed “some or any” alcohol. If a minor’s case is poorly handled, it can have disastrous long-term consequences for the minor’s criminal record as well as prolonged driver’s license suspensions. As a result, it is critical that these cases be taken seriously.