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The following hypothetical may seem strange to you but our Dallas Criminal Defense Attorneys have seen countless times. You and a group of friends have a July 4th cookout. You have a few beers. After hanging out for a while, you get in your car and head home. You are not drunk but feeling really good. Suddenly from nowhere, blue lights appear. The officer asks for your driver’s license, registration and proof of insurance. After a few minutes, he returns to your car and asks you to step out of your car because he smells alcohol on your breath. He requests to administer several sobriety tests. What Now? Your mind is flooded with all kinds of questions. Should you agree to a Breathalyzer or blood test? Will my license be suspended? Will I go to jail? Will I lose my license permanently?
Section 49.04 of the Texas Penal Code defines Driving While Intoxicated (DWI) as operating a motor vehicle while intoxicated. A person can also be charged with an FWI and BWI, i.e., flying while intoxicated or boating while intoxicated, respectively.
An Administration License Revocation (ALR) hearing usually follows a DWI arrest. The purpose of this hearing, among other things, is to determine if there is probably cause for the arrest and suspension of the person’s license. Our team of Dallas Criminal Law Attorneys will assist you in getting a temporary occupation license.
Mothers Against Drunk Driving (MADD)
Mother Against Drunk Drivers has been very successful at exerting considerable pressure on state legislatures and elected judges to take DWIs very seriously. Consequently, DWI charges get a lot of attention. If a drunk driver kills someone, the media pounces. As experienced Dallas Criminal Defense Attorneys, we understand the intricacies of this process.
Our team of Dallas Criminal Defense Attorneys knows the potential punishments for a DWI conviction or multiple convictions. A person charged with a DWI can enter a plea of guilty and move on with life with certain consequences. For example, a first time DWI conviction is a class B misdemeanor and a second time DWI conviction is a class A misdemeanor. However, a third DWI conviction will be a felony. Anyone convicted of a DWI will spend a minimum of 72 hours in jail but no more than six months in jail. However, most first time offenders are spared the jail time and placed on probation.
The person will also pay a fine and some fees, take classes and abide by a myriad of probation conditions. There may be collateral consequences as well such as higher insurance rates and potential job loss depending on the type of work the defendant does.
For these reasons, many people charged with DWIs will take their cases to trial. Should you decide to take your case to trial, our Dallas Criminal Defense lawyers know how to win.