Driving While Intoxicated (DWI) is a serious offense in Texas, carrying severe penalties that can impact your life for years to come. If you find yourself facing a DWI charge, it is crucial to understand the laws and your defense options. The Law Office of Alex Tyra, P.C., located at 211 E. Tyler Street #521, Longview, TX 75601, is here to provide you with the guidance and representation you need. Contact us at (903) 753-7499 for a consultation.
Overview of Texas DWI Laws
In Texas, a person can be charged with DWI if they operate a motor vehicle in a public place while intoxicated. Intoxication is defined as having a blood alcohol concentration (BAC) of 0.08% or higher, or not having the normal use of mental or physical faculties due to the consumption of alcohol, drugs, or a combination of both.
Penalties for DWI in Texas
The penalties for DWI in Texas vary based on the specifics of the case and whether it is a first-time or repeat offense.
- First Offense: A first-time DWI offense can result in fines up to $2,000, jail time ranging from 3 to 180 days, license suspension for up to one year, and annual fees up to $2,000 for three years to retain your license.
- Second Offense: A second DWI offense can lead to fines up to $4,000, jail time from 30 days to one year, license suspension for up to two years, and annual fees up to $2,000 for three years.
- Third Offense: A third DWI offense is a felony, with fines up to $10,000, prison time from 2 to 10 years, license suspension for up to two years, and annual fees up to $2,000 for three years.
Additional penalties may include mandatory alcohol education classes, community service, and the installation of an ignition interlock device on your vehicle.
Defense Strategies for DWI Charges
Facing a DWI charge can be overwhelming, but several defense strategies can be employed to challenge the prosecution’s case:
Challenging the Traffic Stop
One of the first aspects your attorney will examine is the legality of the traffic stop. Law enforcement must have reasonable suspicion to pull you over. If it can be proven that the stop was unlawful, any evidence obtained during the stop may be inadmissible in court.
Questioning the Field Sobriety Tests
Field sobriety tests (FSTs) are often used to determine intoxication, but they are not always accurate. Various factors, such as medical conditions, fatigue, or poor weather conditions, can affect the results of FSTs. An experienced attorney can challenge the validity of these tests.
Contesting the Breathalyzer Results
Breathalyzer machines must be properly maintained and calibrated to provide accurate readings. Your attorney can investigate whether the device was functioning correctly and whether the test was administered properly. Inaccurate results can be challenged in court.
Examining the Blood Test Procedures
Blood tests are more accurate than breath tests, but they must be conducted and handled correctly. Any mishandling of the sample, improper storage, or issues with the chain of custody can lead to questions about the test’s accuracy.
Importance of Legal Representation
Having an experienced DWI attorney is essential in navigating the complexities of Texas DWI laws and building a robust defense. The Law Office of Alex Tyra, P.C. has extensive experience in defending clients against DWI charges. We understand the legal system and will work tirelessly to protect your rights and achieve the best possible outcome for your case.
Conclusion
Facing a DWI charge in Texas is a serious matter that requires immediate and skilled legal intervention. Understanding the laws, potential penalties, and available defense strategies can make a significant difference in the outcome of your case. For expert legal representation, contact The Law Office of Alex Tyra, P.C. at (903) 753-7499. Our dedicated team is ready to provide the guidance and defense you need.