DWI and DUI in Texas - The Barrera Law Firm
Welcome to the comprehensive guide on DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) cases in Texas, brought to you by James D Jones, a highly skilled attorney at The Barrera Law Firm.
Understanding DWI and DUI in Texas
When it comes to DWI and DUI offenses, knowledge is power. Understanding the laws, penalties, and consequences associated with these charges is crucial for both drivers and legal professionals. In Texas, DWI and DUI are serious offenses with severe consequences.
What is DWI?
DWI stands for Driving While Intoxicated and refers to the act of operating a motor vehicle under the influence of alcohol or drugs. In Texas, the legal blood alcohol concentration (BAC) limit is 0.08%. If a driver's BAC exceeds this limit, they can be charged with a DWI offense.
What is DUI?
DUI stands for Driving Under the Influence and is often used to refer to individuals operating a motor vehicle under the influence of drugs or underage drinking. In Texas, drivers under the age of 21 can be charged with a DUI offense if there is any detectable amount of alcohol in their system.
DWI and DUI Laws in Texas
Texas has strict laws and penalties in place for DWI and DUI offenses to deter drunk driving and ensure public safety. The following are key points to be aware of:
Penalties for DWI
The penalties for a DWI offense in Texas can vary depending on several factors such as BAC level, previous convictions, and whether there were any accidents or injuries involved. Possible penalties include fines, license suspension, mandatory ignition interlock device installation, probation, community service, and even imprisonment.
Penalties for DUI
For individuals under the age of 21, a DUI offense carries serious consequences in Texas. Even a first-time offense may lead to fines, license suspension, mandatory alcohol education programs, and community service. Subsequent offenses can result in more severe penalties.
Defense Strategies for DWI and DUI Cases
When facing DWI or DUI charges in Texas, it is crucial to have an experienced attorney like James D Jones on your side. With their expertise, they can employ various defense strategies to potentially mitigate the consequences you may face. Some common defense strategies include:
Challenging the Traffic Stop
An attorney may challenge the legality of the traffic stop that led to the DWI or DUI arrest. They will scrutinize whether the officer had reasonable suspicion or probable cause to pull you over, ensuring your rights were not violated.
Questioning Breathalyzer or Blood Test Results
Often, the prosecution relies on breathalyzer or blood test results to prove a driver's level of intoxication. An attorney can investigate the accuracy of these tests and challenge any irregularities, potentially leading to reduced charges or even a case dismissal.
Invalidating Field Sobriety Tests
Field sobriety tests, such as the walk-and-turn or one-leg stand test, are commonly used by law enforcement officers to assess impairment. However, these tests can be subjective and influenced by various factors. An attorney can question the validity and reliability of these tests in your case.
Plea Negotiation
Depending on the circumstances of your case, an attorney may negotiate with the prosecution for a plea bargain. This could result in reduced charges or alternative sentencing options, such as attending alcohol rehabilitation programs instead of serving jail time.
Find Experienced Legal Representation in Texas
If you or someone you know is facing DWI or DUI charges in Texas, it is crucial to seek immediate legal assistance. James D Jones, a dedicated attorney at The Barrera Law Firm, has extensive experience in handling DWI and DUI cases and is committed to protecting your rights. Contact James D Jones today to schedule a consultation and get the support you need.
