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DWI

Are you facing the aftermath of an arrest on suspicion of driving while intoxicated? For many people, a DWI arrest is their first encounter with the criminal justice system. Regardless of whether this is your first arrest or you have prior DWI convictions, you’re likely worried about the effects a conviction could have on your future. Don’t make the mistake of going through this challenging time alone. Instead, get the help and protection you deserve from seasoned, dedicated legal counsel who will fight to secure the best possible resolution to your DWI charges.

Contact the Law Office of Al Rowland, PLLC, for an initial case evaluation with a DWI defense lawyer in Frisco. Since 2014, our firm has worked hard to provide stellar client service and aggressive legal advocacy, treating every client with the dignity and respect they need and deserve. Reach out to us today, and let us start work on your defense immediately.

Understanding Texas’s DWI Laws

In Texas, a person commits the crime of driving while intoxicated (DWI) when they operate a motor vehicle in a public place while intoxicated by alcohol or drugs to the extent that they cannot safely operate a motor vehicle. A person also commits DWI when they drive with a blood/breath alcohol content of 0.08 percent or more; drivers under 21 commit DWI when they have any detectable alcohol in their system.

Texas also has an implied consent law, which deems every driver to have consented to chemical testing for alcohol or drugs following a DWI arrest. A driver who refuses chemical testing after a DWI arrest will face a driver’s license suspension of 180 days, which can increase to two years if they have a prior drug- or alcohol-related incident within the past ten years.

Consequences of a DWI Conviction

Penalties for a DWI conviction in Texas will depend on the number of prior convictions a driver has, the driver’s blood/breath alcohol concentration at the time of their arrest, and other aggravating factors such as having a minor passenger in the vehicle or causing a motor vehicle accident.

Typical penalties for DWI include:

  • First offense: 72 hours to 180 days in jail, a fine of up to $2,000, and a one-year driver’s license suspension (or up to one year in jail and a potential fine of up to $4,000 when arrested with a BAC of 0.15 or more)
  • Second offense: Up to one year in jail, a fine of up to $4,000, and a two-year driver’s license suspension
  • Third or subsequent offense: Two to ten years in prison, a potential fine of up to $10,000, and a two-year driver’s license suspension
DWI convictions will also result in the imposition of a state fine of $3,000 to $6,000.
Committing DWI with a passenger under 15 in one’s vehicle constitutes a state jail felony offense, punishable by 180 days to two years in jail, a fine of up to $10,000, and an additional 180-day driver’s license suspension on top of any suspension imposed for a DWI conviction.
Causing a motor vehicle accident while driving under the influence of alcohol or drugs when that accident severely injures another person may constitute a third-degree felony that carries penalties of two to ten years in prison and a potential fine of up to $10,000. Causing an accident that results in a fatality constitutes a second-degree felony that carries penalties of two to 20 years in prison and a potential fine of up to $10,000.
Beyond these penalties, a DWI conviction can have long-lasting consequences on your personal and professional life. A criminal record containing a DWI conviction can make it challenging to pursue employment, housing, educational, professional licensure, or financial opportunities, as convictions typically appear on a background check.

Your Rights During and After an Arrest

You have the right to remain silent when you get stopped or arrested on suspicion of intoxicated driving. You do not have to answer questions that might incriminate you. For example, you don’t have to answer when an officer asks questions like, “Where are you coming from?” or “Have you had anything to drink?’
You also have the right to refuse field sobriety testing. Although the officer’s statements and demeanor may make it seem like you must submit to a field sobriety test, Texas’s implied consent law only applies to chemical testing after a DWI arrest. However, when an officer wants to perform a field sobriety test, they likely already suspect you of DWI and may ultimately arrest you to perform chemical testing.
Finally, you have the right to consult a DWI defense attorney after an arrest. Tell the officers as soon as possible that you want to speak to an attorney, as you have the right to talk to a lawyer before police questioning and to have your lawyer present during an interrogation.

Common Defenses in DWI Cases

Defendants facing DWI charges may pursue various defenses to challenge the prosecution’s evidence or arguments. Common defense strategies used in DWI cases include:
  • Lack of evidence of driving: Defendants may argue against their charges by highlighting insufficient evidence in the prosecution’s case to prove that a defendant operated a motor vehicle while under the influence of alcohol or drugs.
  • Unlawful traffic stop: A defendant may seek to exclude all the evidence in the prosecution’s case by contending that the arresting officer lacked reasonable suspicion of DWI or another traffic offense to initiate the stop.
  • Unreliable field sobriety/chemical testing: Defendants may challenge the reliability of field sobriety or chemical test results by highlighting failures to adhere to testing protocols or keeping track of blood/urine samples.
  • Unlawfully obtained statements: A defendant may also seek to exclude inculpatory statements they made in response to police questions after an arrest by arguing that officers failed to advise them of their rights.

How Can a DWI Defense Lawyer Help with Your Case?

You don’t have to face the aftermath of a drunk driving arrest alone. Let a DWI defense attorney from the Law Office of Al Rowland, PLLC, advocate for your rights and interests by:

  • Investigating the facts and circumstances surrounding your charges to secure valuable evidence
  • Identifying potential defense strategies, such as challenging the legality of the traffic stop or the reliability of testing
  • Evaluating your options for pursuing a favorable resolution to your charges
  • Explaining the potential outcomes of your case and preparing you for what to expect during prosecution to help you make informed decisions at each step
  • Representing you during administrative driver’s license suspension hearings
  • Vigorously contesting the prosecution’s case, including by highlighting anything law enforcement officers may have done that violated your rights
  • Pursuing the best possible outcome under the circumstances of your case, even when that means going to trial to fight your charges

Contact Our Firm Today to Discuss How We Can Help You Resolve Intoxicated Driving Charges

If you’ve been charged with drunk or drugged driving in Denton or Collin County, you need experienced legal advice and advocacy to protect your rights and reputation. Contact the Law Office of Al Rowland, PLLC, today for a confidential consultation with knowledgeable DWI defense attorney Al Rowland to discuss your options for pursuing a favorable resolution to your intoxicated driving charges.

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