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Pearland DWI Lawyer
Representing Clients Facing DWI Charges
No matter what you call it, getting a DWI (Driving While Impaired) and DUI (Driving Under the Influence) is a serious situation with profound impacts on the lives of those facing charges. Texas law has tough laws that deal with drunk driving offenses.
Depending on whether this is a first or subsequent offense, DWI DUI defendants could be sentenced to jail or prison time and ordered to pay steep fines. Additionally, in most cases, those convicted of DWI lose their driving privileges, are ordered to pay fines, perform community service, and complete mandatory educational programs.
Therefore, if you have been charged with a DWI offense, you must hire an experienced criminal defense lawyer who will work to safeguard your legal rights and freedom.
Contact The Kahn Law Firm, P.C. of Pearland, TX, to schedule a free consultation to discuss your DWI defense strategy and how we can help.
What Is Considered a DWI in Texas?
In Texas, a person is considered to be under the influence when their blood alcohol concentration (BAC) is 0.08% or higher. Anyone with a BAC of 0.08% or higher driving a motor vehicle can be charged with a DWI and may face significant penalties.
Additionally, anyone under the age of 21 is not allowed to have any percentage of alcohol in their blood and having as little as 0.01% BAC could potentially mean a DWI charge. Ingesting illegal or controlled substances that impair your ability to control a vehicle can also result in a DWI, even if you did not consume any alcohol. For example, smoking marijuana or taking certain controlled prescription medications that can affect your driving is considered illegal and just as dangerous as ingesting excessive amounts of alcohol.
Minors may also be charged with driving under the influence (DUI). The law does not require much by way of proof; an officer can simply smell it on your breath, or ask you to perform a sobriety test. Considering this, it is best to practice your right to remain silent until you contact a defense attorney.
If you have been arrested and charged with DWI, contact our law office to schedule a meeting with a defense lawyer who will gladly review your legal options and answer any questions.
Can You Refuse to Take a Breathalyzer Test in Texas?
One of the many ways law enforcement proves that someone is under the influence of drugs or alcohol is by conducting a breathalyzer test. Texas has an implied consent law in which every driver agrees to submit to blood and breath testing upon a DWI arrest, and this consent is given whenever someone obtains a driver’s license in the state.
You may refuse to take a breathalyzer test, but your refusal may or may not result in penalties. You could potentially face a license suspension if you have not been arrested and refuse a breathalyzer test.
Refusing to take a breathalyzer test differs from refusing to take standardized field sobriety tests. Texas law allows you to politely refuse a field sobriety test without any penalties. Nevertheless, that does not necessarily mean the law enforcement officer will not arrest you if they believe they have enough evidence showing you may be intoxicated.
After a DWI arrest, it is in your best interest to call an attorney who can advise you of your legal rights and fight to help you keep your driver’s license. Contact our Brazoria County law office to schedule a consultation to learn more.
What Are the Penalties for a DWI in Texas?
The severity of penalties for DWI offenses varies depending on whether you have any prior DWI charges. In addition, you may be charged with aggravated DWI if you were transporting any passengers under the age of 15 while under the influence.
For example, a first-time DWI offender may face a fine of up to $2,000, a license suspension, and up to 180 days in jail after being convicted. For a second DWI, the fine increases to as much as $4000, up to a year in jail, and a license suspension that can last for as long as two years. A third offense may result in a fine of up to $10,000, two to ten years in prison, and a license suspension of up to two years. These penalties can be enhanced if you caused an accident that resulted in someone else getting hurt or killed.
However, even a first-time DWI conviction can affect many areas of your life for years to come, such as your ability to obtain employment or pass a background check. If your BAC is over 0.08 or the officer believes you are intoxicated based on field sobriety tests, you may be charged with DWI, which carries stiff penalties. A first offense carries the following penalties:
- A maximum fine of $2000
- A minimum of 3 days and a maximum of 180 days of jail time
- Driver license suspension between 90 days to 1 year.
If you need further clarification regarding Texas DWI criminal penalties, contact The Kahn Law Firm, P.C., and ask to speak with a qualified legal team member who can answer your legal questions.
What Can a DWI Defense Attorney Do to Help?
If you are being charged with a DWI, it does not automatically mean you will be convicted. You can increase your chances of reaching a positive outcome by contacting a skilled DWI lawyer, such as those with The Kahn Law Firm, P.C.
Because the legal penalties involved with a DWI conviction are steep, you need a defense lawyer with a proven track record of obtaining favorable client results. Our criminal defense lawyers have extensive experience defending clients in Pearland, Texas, and surrounding areas.
The clock is ticking if you have been arrested and charged with a DWI. The sooner you reach out to an attorney, the sooner your attorney can gather evidence to fight back charges, question the legality of the arrest, and take steps to get your charges dropped or dismissed. Every DWI case is different, and while we cannot promise a specific outcome, we will do everything we can to protect your rights.
If you are facing DWI criminal charges, contact The Kahn Law Firm, P.C. immediately at 713-999-6549 to schedule a free, no-obligation consultation with a skilled DWI lawyer who will professionally evaluate your case.
