DWI cases aren’t uncommon in Texas, and they can happen for various reasons. At one end of the scale, you have someone who’s marginally over the limit but not reckless, still under the influence from the night before. On the other, you have those who are severely over the limit and repeat offenders because of toxic behavior patterns and addiction issues.
Whether you’re a repeat offender dealing with felony charges or someone who just made one honest mistake, help is available. The best DWI lawyers can help you build a case against prosecutors and get a better result. Before you make that call, here’s some information on the different charges, repercussions, and how lawyers can help.
Understanding DWI Charges
DWI laws in Texas aren’t as straightforward as either being intoxicated while driving or not being intoxicated. There are different levels of charges based on the situation and your blood alcohol level. For example, the cut-off point is a reading of 0.08 percent. However, there are tougher penalties if you’re over 0.15 percent.
Many defendants in DWI cases are dealing with a misdemeanor charge following a first offense. Typically, drivers are pulled over for reckless driving, running a light, an illegal turn, or something along those lines. The police will have you go through sobriety tests and breath tests before making charges. It’s a good idea to get legal representation here because there may be circumstances that put the case into question, and you could go free.
You start dealing with serious felony cases when it’s a first offense, or there are other circumstances. The police will run a check on your license when pulling you over. If you flag up twice before, you’re arrested. You can also face felony charges on a first offense if there’s a minor in the car with you or you end up causing injuries to someone else.
The Potential Penalties For DWI Charges
While the misdemeanor charges aren’t as serious as felony offenses, there is still the potential for some serious repercussions. You could end up with a maximum jail term of 180 days and a fine of up to $2000. That fine doubles, and the maximum term increases to a year if you have a BAC reading over 0.15%. The right Fort Worth DWI lawyer can help and let you leave with a smaller fine and a driver’s education course.
Once we get into felony charges, the consequences get even more serious. You could end up with a jail term of between 2 to 10 years. That’s a wide margin, but it depends on the situation. Those dealing with vehicular assault charges and a third arrest will struggle to avoid imprisonment. The fines are also higher – up to $10,000.
Defending Against A DWI Charge
Clearly, DWI charges in Forth Worth are serious situations. Even if you’re only dealing with a first-time misdemeanor and not a felony charge, there are high stakes. Naturally, you will want the very best lawyer to build a strong case. But how do you even defend against something like this? If the cops have filed charges against you and the tests say you were over the legal limit, what can a lawyer do to change that? Well, a lot more than you might expect. They will go over all the evidence and procedures and do their best to either lessen the sentence or even get the case completely thrown out. Here’s how.
It all starts with the issues of probable cause and reasonable doubt. These terms can make or break a case by putting the work of the arresting officers into question. They needed to have probable cause to charge you with a DWI based on your likely level of sobriety. Field sobriety tests may be enough for cops to bring you in for further questioning and charge you with an offense, but they are far too subjective on their own. Cops can claim you are drunk because you shifted one foot over the line on the walking test or hesitated over one letter of the alphabet. They may say you failed to follow their finger even though they weren’t paying attention. They also need to have reasonable doubt over your ability to drive to pull you over in the first place. Video evidence from body cams or CCTV might show holes in their story.
From here, reliable DWI Fort Worth lawyers will look at any issues with the evidence presented. Courts can’t convict you of driving while intoxicated if there’s no clear, objective proof that you were intoxicated at the time of the arrest. A crucial piece of evidence here is the breath test. This should be administered at the scene with an irrefutable reading that shows your blood alcohol content was over the limit. If the test wasn’t administered, this can cause problems for the prosecution, especially if there was no blood test, either. Also, even if there is a breath test result, it’s possible there was a fault with the reader or a problem at the lab. Your attorney will look at the case from every possible angle.
Finding The Best Lawyer To Handle A DWI Case
Whatever type of DWI you’re dealing with, and however bleak the situation seems right now, don’t give up hope. There are skilled DWI lawyers in Forth Worth who know the law inside out and will do all they can to defend your case. There’s no guarantee that serious felony charges will be thrown out if there’s a strong case against you, but you might see charges reduced or plea bargains based on your circumstances. All it takes is an experienced firm with skilled lawyers and the care and dedication to get the right result.
Whatever your situation, the right lawyer can make everything a lot easier to handle. So, get in touch with a local firm, explain your situation, and work with them to build the strongest case possible.