Driving while intoxicated (DWI), referred to in some states as driving under the influence (DUI), operating under the influence (OUI) and other acronyms, is a serious traffic crime that is harshly punished. Each state mandates minimum and maximum penalties for first and subsequent DWI convictions. While a first offense is classified as a misdemeanor, subsequent offenses as well as first offenses with exacerbating circumstances are treated as felonies in most states.
A DWI charge is based on two facts: that you were operating your vehicle and that your blood alcohol concentration (BAC) was 0.08 or above, but you could be convicted of the charge with a lower BAC if your driving ability was significantly impaired. Conversely, if your driving ability was unaffected by alcohol but your BAC was at or above the legal limit, you could still be convicted. In most states, underage drivers can be convicted of DWI with far lower BAC levels.
If you have been charged with misdemeanor or felony DWI, the first thing you should do is retain an experienced attorney who specializes in DWI defense. He or she will also advise you of the specific requirements and obligations in effect in your states, and will recommend steps you should take prior to your trial in order to maximize your chances for a positive outcome.
One action that attorney’s sometimes recommend is contacting one of the state-certified agencies that administer DWI addiction assessments. The assessment is mandatory in most states after conviction, but having it done prior to the trial shows you are taking responsibility for your actions and may help your case during the sentencing phase. The assessment evaluates the whether chemical abuse or dependence is. Treatment recommendations are made if necessary.
Meanwhile, your attorney will evaluate your case to determine if all state-mandated procedures were followed during your arrest and booking, and to assess whether the BAC test was properly administered. Any deviation or omission from procedure could render the evidence collected by the police inadmissible in court. Another alternative to pleading guilty is plea bargaining. Under certain circumstances, your attorney may be able to negotiate with the prosecution to accept a guilty plea to a lesser charge. Although there will still be consequences, the repercussions may be less severe than those that follow a DWI conviction.
At the very least, experienced counsel will give you the benefit of advising you on the best steps to take to minimize the severity of the penalties imposed on you.
Contact The Law Office of Alex Tyra, P.C. For a Free Consultation
When you need assistance from an experienced attorney or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499. All initial consultations are free. Phone calls are answered 24 hours a day, 7 days a week.
The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499
Law Office of Alex Tyra, P.C. is located in Longview, Texas, and represents clients throughout East Texas including Smith County, Gregg County, Upshur County, Marion County, Cass County, Rusk County, Bowie County, Panola County, Wood County, and Harrison County. Law Office of Alex Tyra, P.C. is serves the following cities Longview, Marshall, Liberty City, Lakeport, Hallsville, Warren City, White Oak, East Mountain, Clarksville City, Gladewater, Big Sandy, Kilgore, Gilmer, Jefferson, Linden, Atlanta, Henderson, Texarkana, Tyler and Carthage.
