Plano DWI
DWI Defense Lawyer Serving Plano, TX
In Texas, the legal term for what people generally call driving under the influence (DWI) is driving while intoxicated (DWI). A DWI conviction can have catastrophic consequences, from a mandatory driver’s license suspension and fines to jail time and losing your job. Without effective legal representation, your chances of avoiding the worst possible outcome in your case are low.
At the Law Office of Al Rowland, we know what’s at stake for people facing DWI charges in Plano. Hiring a DWI defense lawyer is the best action you can take to protect your rights and avoid the severe penalties that result from a conviction. Attorney Al Rowland and his team can explain your charges and what comes next, evaluate the prosecution’s case for potential weaknesses or procedural violations by the authorities, and craft a defense strategy tailored to your specific circumstances. We believe in providing affordable, effective representation and charge a flat fee for our services. That means you won’t have any unpleasant surprises when your case concludes. Call us today or complete our contact form for a free case evaluation.
Texas DWI Laws
Many people believe the police can’t arrest you on suspicion of DWI unless your blood alcohol concentration (BAC) is at or above the legal limit of 0.08 percent. Unfortunately, that’s not the full truth. While having a BAC of 0.08 percent or higher is the limit for an automatic DWI charge, under Texas law, the police can arrest you if you have any amount of alcohol or a controlled substance in your body that affects your “normal use of mental or physical faculties.” In other words, any amount of alcohol or drugs in your system could lead to a DWI charge if the substance affects your ability to handle a vehicle safely.
DWI Penalties in Texas
A baseline DWI charge in Texas is a Class B misdemeanor, and the penalties include up to 180 days in jail (with a minimum of three days) and a fine of up to $2,000. However, repeat offenses or aggravating factors can increase the penalties you might face. These enhanced penalties include:
- 2nd offense for drivers 21 and older (no injuries or deaths): One month to one year in jail, fine of up to $4,000, driver’s license suspension for up to two years.
- 3rd offense for drivers 21 (no injuries or deaths): Two to ten years in prison, fine of up to $10,000, driver’s license suspension for up to two years.
- Driving while intoxicated with a passenger younger than 15: 180 days to two years in jail, fine of up to $10,000, driver’s license suspension of 180 days.
- Seriously injuring someone in an accident while intoxicated (intoxication assault): Two to ten years in prison, fine of up to $10,000, driver’s license suspension.
- Killing someone in an accident while intoxicated (intoxication manslaughter): Two to twenty years in prison, fine of up to $10,000, driver’s license suspension.
Can You Refuse a Breathalyzer Test in Texas?
- Horizontal Gaze Nystagmus (HGN) Test: The officer moves an object, like a pen, in front of the driver’s eyes to check for jerking eye movements.
- Walk-and-Turn Test: The officer asks the driver to take nine heel-to-toe steps in a straight line, turn on one foot, and walk back in the same manner.
- One-Leg Stand Test: The driver must stand on one leg while counting aloud for about 30 seconds without losing balance.
- Finger-to-Nose Test: The driver closes their eyes and tries to touch the tip of their nose with their finger, alternating hands.
Drivers can refuse to take field sobriety tests without any legal repercussions. However, under Texas’s implied consent law, drivers must comply with chemical blood, breath, or urine tests after the police arrest them. Not complying with these tests will lead to an automatic driver’s license suspension for at least 180 days, and drivers can still face DWI charges even after refusing the test.
What To Do If the Police Pull You Over on Suspicion of DWI
- Do not get angry with the officer or raise your voice, as doing so could lead to an additional charge for resisting arrest.
- Follow the officer’s commands and be polite, but refuse any field sobriety tests.
- If the officer takes you into custody, stay calm and comply with the chemical blood, breath, or urine test. Refusing the test will lead to an automatic driver’s license suspension and likely won’t help you contest a DWI charge.
- Do not say anything after your arrest except to ask for an attorney. Remember, the police and prosecutors can and will use anything you say against you, so exercise your right to remain silent.
Possible Defenses in Plano DWI Cases
- Questioning the results of a breathalyzer test – It takes special training to set up and use a breathalyzer correctly. If the police didn’t follow proper protocols when they conducted your breathalyzer test, your lawyer can seek to have the test results thrown out, weakening the prosecution’s case.
- Issues with the chain of evidence – There are essential rules for handling and transporting evidence used in DWI cases. If the police made any mistakes in analyzing or handling the evidence against you, the evidence could be dismissed, making it harder for the prosecution to convict you.
- Questioning the initial traffic stop – Police officers must have a reasonable suspicion to pull you over to check if you are intoxicated. If you can show the police didn’t have reasonable grounds to pull you over, any evidence resulting from the traffic stop could be thrown out.
- Violations of your constitutional rights – If the police or prosecutors violated your constitutional rights at any point, you can seek to have the charges against you dismissed. For instance, the police must read your Miranda warning to you when they take you into custody. If they didn’t do this, the prosecution’s case might collapse.
- Showing you had a medical condition that affected the breathalyzer test – Diabetes and other medical conditions can affect the results of a breathalyzer test, leading to false positive results. Your medical records and other evidence can show if you had one of these conditions, casting doubt on the test results and weakening the prosecution’s case.
Contact a DWI Defense Lawyer Service Plano, TX, Now
The Law Office of Al Rowland, PLLC, stands ready to protect your rights and help you avoid the worst consequences of a DWI charge. Call our Collin County defense attorney now or reach out online for a free consultation.
Directions to Our Office
- Take Dallas North Tollway S towards Dallas
- Take the Warren Pkwy exit
- Turn right onto Warren Pkwy
- Destination will be on the right
- ake Dallas North Tollway N towards Frisco
- Take the Warren Pkwy exit
- Turn left onto Warren Pkwy
- Destination will be on the right
- Take TX-121 N towards Frisco
- Take the Legacy Dr exit
- Turn left onto Legacy Dr
- Turn right onto Warren Pkwy
- Destination will be on the left
- Take TX-121 S towards Frisco
- Take the Legacy Dr exit
- Turn right onto Legacy Dr
- Turn right onto Warren Pkwy
- Destination will be on the left