In the state of Texas, it is illegal to drive or exercise control over a motor vehicle while your blood alcohol content (BAC) is 0.08% or higher. If your BAC is found to be at this level while operating a motor vehicle, then you can be arrested and charged with driving while intoxicated (DWI). This is a serious offense as it can carry severe penalties upon conviction. For a first conviction of drunk driving, you will face a minimum of three days in jail; this can be increased to six days if there was an open alcohol container in your vehicle at the time of your arrest.
You could also face penalties such as fines, driver's license suspension, and ignition interlock device (IID) installation. An IID acts like a breathalyzer and will not allow your vehicle to start if it detects alcohol in your system. It is important to know that there are many other penalties that can be added to your sentence depending on a number of factors. If you are under 21 and you are charged with DWI, then your penalties could be severe. If you have multiple DWI convictions, then you could face increased penalties including felony charges.
There are ways to defend, including against breath and blood tests. In dealing with your case, our first step is to contest your license suspension to ensure that you can drive legally without the fear of another arrest. We will also help you fight the charges, since a DWI conviction has long-term consequences that include license suspension and jail time. Then, we take the time necessary to gather all the facts and advise you of your rights and defense options.
The first question is whether the police had probable cause to pull you over. Unless the officer observed you committing a traffic offense, we may have grounds to suppress any evidence of your alleged intoxication.
Officers usually ask the driver to perform field-sobriety tests. Although you can refuse these tests, most people attempt them in order to avoid going to jail. The problem is that these tests are quite difficult. Even a sober person can look drunk when trying to balance on one leg in a nerve-wracking environment.But even if you look bad on the video tape of the tests, the State still has the burden of proof to show that you lost the normal use of your mental and physical faculties.
The Law Office of Brent R. Hardy has been defending the criminally accused residents of South Texas for almost 20 years, with a rich history of success. If you have been arrested and charged with the crime of DWI, then you need skilled representation to aggressively defend your rights. This attorney handles each case with the care and attention that it deserves. If you choose to work with him, then you can be sure that you will receive the representation that you need for your situation. Call us at (210) 415-6662 to discuss your case.
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