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The Basics of Texas DUI & DWI Cases: Winning!

Updated: Sep 25, 2024 @ 4:25 am

Reading Time: 4 Minutes

Driving under the influence (DUI) charges in Texas can turn your world upside down. The consequences range from hefty fines and loss of driving privileges to potential jail time.

Securing competent legal representation isn’t just about facing the penalties; it’s about protecting your future, your job, and your reputation. When the stakes are this high, you need a skilled DUI attorney who knows how to win.

Texas, DUI, and the Law

Per Texas Penal Code § 49.04, it’s illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit drops to 0.04%, and for drivers under 21, any detectable amount of alcohol can result in charges.

If you’re accused of driving while high on marijuana or another substance, even prescription drugs, that’s a criminal case.

Learn More: Prescription Drugs & Innocent DWI Offenses

Field Sobriety and Breathalyzer Tests

Field sobriety tests (FSTs) and breathalyzer tests are used by law enforcement to establish impairment. However, these tests aren’t foolproof. Factors such as medical conditions, environmental elements, or even improper administration can cause inaccurate results.

Don’t participate in these roadside science experiments. You don’t have a choice as to whether to take the ride to jail or not, but you have a choice as to whether or not you volunteer for these “tests.”

Don’t take the test.

As experienced DUI attorneys, we know exactly how to effectively challenge the validity of these tests. When we’re successful, we can weaken the prosecution’s case substantially.

About Administrative License Revocation or “ALR”

In Texas, a DWI or DUI arrest triggers an Administrative License Revocation (ALR) process. This is a civil proceeding that’s separate from the criminal case.

We’ll have only 15 days from the date of your arrest to request a hearing to contest the suspension of your driver’s license. This is a critical juncture where our experience can make a significant difference. By challenging the suspension, we’ll get an opportunity to cross-examine the arresting officer. Sometimes, we can gather evidence that might be beneficial for the criminal component of the case.

Potential Penalties for DUI Convictions

For a first offense, you might face fines of up to $2,000, jail time ranging from 3 to 180 days, and a driver’s license suspension of up to one year.

Subsequent offenses carry harsher penalties, including longer jail sentences, higher fines, and extended license suspensions.

Additionally, a DUI conviction can lead to increased insurance rates due to the bad mark on your criminal record. These penalties underscore the importance of having a knowledgeable attorney who knows how to fight these kinds of cases.

Exploring Plea Bargains

In some cases, it might be a good idea to negotiate a plea deal or seek alternative sentencing options. But this depends on the circumstances of the incident. We don’t take recommending deals with the state lightly. These situations represent “special cases.”

Moving on, a plea deal might involve pleading guilty to a lesser charge, such as reckless driving, or participating in a diversion program.

If you’re working with Tad Nelson & Associates, we’ll evaluate the strengths of your case to determine the best course of action. If we deem it wise, we’ll work with prosecutors to get a good outcome for you. Trust the process.

Frequently Asked Questions

Can I refuse a breathalyzer test?

Yes. However, refusal can lead to an automatic license suspension under Texas’ implied consent law. Refusing the breath test might also come back to haunt you in court.

Learn More: Field Sobriety Tests: Your Rights & Texas Law

What if I’m a first-time offender?

First-time offenders have more options to get the case resolved. Usually, a clean record will give you better opportunities for plea bargains or alternative sentencing. However, these options depend on your blood alcohol level.

If your BAC is twice the legal limit, it may be difficult to get a deal without an Ignition Interlock Device. These types of devices won’t allow you to start your vehicle unless you pass the breath test. As experienced Brazoria County DWI Lawyers, we’ll help you find the best option based on your particular situation.

How can a DUI attorney help me?

As experienced criminal defense lawyers focused on defending people arrested for DUI & DWI offenses, we know a thing or two about getting the cases resolved. There are various options for getting these cases dismissed, evidence thrown out, and helping you get on with your life.

What are the long-term consequences of a DUI conviction?

Beyond immediate penalties, a conviction for a DWI or DUI-related offense can lead to various cost-of-living increases. Some are subtle, some are more direct. These include increased insurance premiums, difficulty finding employment, and a permanent criminal record. These long-term consequences underline the value of skilled legal representation.

Learn More: DWI Convictions: The Societal Consequences

Learn More: DWI & Your “Permanent Record” In Texas

Accused of DWI or DUI in Brazoria County?

Call Brazoria DWI Defense Lawyer Tad Nelson Today!

Brazoria County DWI Appeals Lawyer

 

If you’re facing DUI charges in Angleton or have a case in Brazoria County, seek legal assistance immediately. Our team of criminal defense attorneys at Tad Nelson & Associates is here to help you win.

Your rights matter!

To get started, call us at 979-267-6081 or visit our contact page to send a message through the form. Your future and freedom are worth protecting. Attorney Tad Nelson is committed to providing the skilled representation you need.

Schedule Your Free Consultation Today!

Brazoria County DWI Lawyer Tad Nelson

Board Certified Texas Criminal Law Attorney

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