DWI Defense Attorney in Plano 

The law states that if you are intoxicated by a substance or alcohol at the time of driving, you could be found guilty of committing the misdemeanor offense of driving while intoxicated or drunk driving. However, expert advice from a qualified attorney can help you prevent a dwi charge from turning into a dwi conviction.

A police officer must have reasonable suspicion that you are committing an offense to initiate a traffic stop. Once stopped, an officer must have a specific suspicion that a driver is intoxicated before initiating an investigation. This investigation typically consists of a field sobriety test that is administered on the side of the road. Frequently, those who are pulled over will comply with these tests because they are not aware they have an option to refuse these tests. Officers often make mistakes while administering these tests that can call into question their results or totally invalidate them. Even if you have been pulled over and undertook all the field sobriety tests, you need a qualified attorney to review the evidence in your case to advise you what errors law enforcement or prosecutors might have made. In a DWI case, so many accused individuals simply do not know what they do not know when it comes to all the possible ways to defend their case.

Refusing to consent to a breath or blood test can cause license suspensions that are best fought by an attorney. Even if you refused to consent to a test (which is your right), you can seek representation to assist you through a trial to contest your license suspension. These trials can be invaluable in building your defense against your criminal charge as well. This is why it is invaluable to consult with an experienced criminal defense attorney as soon as possible after an arrest.

Texas DWI Laws and Penalties

The Penalty under Texas Penal Code § 49.04 for driving while intoxicated varies based on blood alcohol level and whether it is a first or subsequent offense

• First offense: Fines of up to $3,000; 72 hours to 180 days in jail and a license suspension of 90 days to 1 year. From there, additional penalties occur if you have a prior DWI conviction.

• Second offense: Fines of up to $6,000; 30 days to 1 year in jail and a license suspension for at least 1 year

• Third offense: $10,000 fine and 2 to 10 years in prison

Penalties could also include community service, court-ordered education or treatment programs, the mandatory use of breathalyzers to start your vehicle, and more expensive insurance premiums.

Other DWI related crimes and penalties include

• Refusal to submit to a breath or blood test: drivers license suspension for 180 days

• DWI with child passenger (14 and under): State jail felony; 180 days to 2 years in state jail and a fine of up to $10,000.

• DWI with BAC of 0.15 or more: Class A misdemeanor; up to 1 year in jail and a fine of up to $4,000

Additional crimes as a result of your DWI can include

Intoxication Manslaughter

Intoxication manslaughter occurs when a person’s intoxication is the proximate cause of a vehicle accident that results in a fatality. Intoxication manslaughter is a second-degree felony with a penalty range of 2-20 years in prison and a fine not to exceed $10,000.00. A person can still be charged and convicted of intoxication manslaughter even if the deceased was also intoxicated if it is found that the accused’s intoxication caused the accident.

Intoxication Assault

Similar to intoxication manslaughter, intoxication assault can take a misdemeanor DWI charge and enhance it to a felony DWI level offense if the intoxication caused a vehicular accident that resulted in serious bodily injury to another. Intoxication assault is a third-degree felony which carries a penalty range of 2 to 10 years in the penitentiary and up to a $10,000.00 fine.

DWI Defense Attorney in Plano

Sarah Fox is a former felony prosecutor that has handled DWI cases from the point of view of the District Attorney’s Office. She now uses all of that experience and inside knowledge of DWI law to help her clients. Let her help you with a consultation for legal advice on your DWI charge and how to best create your dwi defense.