Dallas DWI Lawyer

DRIVING WHILE INTOXICATED ATTORNEYS IN DALLAS, TEXAS

It is illegal for anyone to operate a motor vehicle while under the influence of drugs or alcohol. This is a serious offense and is commonly prosecuted throughout the Dallas area each year, and all defendants charged with intoxicated driving face penalties. If you have been charged with this offense, it is crucial for you to speak with a Dallas DWI lawyer as quickly as possible after your arrest.

Driving While Intoxicated (DWI) is one of the most common criminal charges. An individual may be accused of being intoxicated after drinking alcohol or using drugs. According to Texas law, an individual is intoxicated if their blood or breath alcohol concentration is equal to or greater than 0.08, or if the individual has lost the normal use of his or her mental or physical faculties due to the introduction of alcohol or drugs, whether possessed legally or illegally.

Since these offenses specifically refer to “operating a motor vehicle,” the law actually applies to all motor vehicles, whether a car, a boat, a tractor, or even a golf cart. During your free consultation, we can further explain how the law applies to your particular case. The attorneys at the Harris & Harris Law Group, PLLC, have the skills, experience, and professional resources you want on your side when you intend to fight DWI charges in Dallas.

Why You Need a Criminal Defense Attorney for Your DWI Case in Dallas

Do not underestimate the importance of having an experienced Dallas DWI lawyer represent you in your impending case. The Sixth Amendment of the Constitution protects your right to legal counsel when you are accused of any crime, and you must take full advantage of this right at your first opportunity after arrest and booking for DWI or any other criminal offense.

You also have the right to remain silent under the Fifth Amendment, which protects you from self-incrimination. Do not attempt to explain your way out of the situation, even if you know you did nothing wrong. Comply with the arresting officer’s instructions, but do not say anything until you are able to speak with a Dallas DWI lawyer about your case. You will be permitted to make phone calls after your arrest, and you should reach out to legal counsel immediately.

An experienced Dallas DWI attorney can help determine the most potent defenses available to you in your situation. They will review the details of your arrest and booking to ensure that all proper procedures have been followed by the police and that the arresting officers followed due process and respected your rights. They will review the police report, identify any procedural violations that might work in your favor, and explain the next steps to take for your case.

The Traffic Stop

DWI charges usually begin when someone is stopped by a police officer for an ordinary traffic violation such as speeding or failing to use a turn signal. Upon contact with the driver, an officer may believe he or she detects signs of intoxication. These often include observations that the driver has bloodshot eyes, slurred speech, an odor of alcoholic beverages on the person’s breath or the smell of drugs coming from the motor vehicle.

When an officer makes such observations about the driver, this initial contact frequently leads to a request that the driver perform field sobriety tests, a series of physical actions directed by the officer and allegedly designed to reveal whether someone has lost the normal use of their mental and physical abilities. In Texas, an individual is not required to agree to perform these field sobriety tests.

An officer also may request that a driver blow into a portable breath test machine. The driver is not required to blow into the portable machine; in fact, the results of a portable breath test are often found to be unreliable and inadmissible in court. We can explain your rights under Texas law in additional detail when you call for your free consultation.

The Arrest for DWI

The officer’s goal in making the observations and requesting the performance of field sobriety tests, and possibly the roadside breath sample, is to determine whether probable cause exists to arrest that driver for DWI. If an officer believes he has developed probable cause that the driver is operating a motor vehicle while intoxicated, the officer will likely place that driver under arrest and take the driver to jail.

At the jail, the driver will likely be asked to perform additional field sobriety tests as well as to provide a breath or blood sample to determine the driver’s breath/blood alcohol content. Contact us for more information on Texas law as it relates to what may or may not be required of you during a traffic stop.

It is very important to remember and to exercise your constitutional rights in this situation. Remember that you are not required to answer questions or sign a statement for the arresting officers. You should consider remaining silent until you can make your phone calls, and once you have a defense attorney representing you, you can explain your side of the story to your legal representative.

DWI CHARGES REQUIRE A QUICK RESPONSE

Mandatory Blood Draw

Texas law has evolved in recent years so that many more individuals have been subjected to a mandatory sampling of their blood. When you call for your free consultation, we will help you understand how the current state of Texas law applies to your case.

Important Deadlines

An arrest for Driving While Intoxicated can lead to the suspension of your driver’s license. There is a process to attempt to remove the suspension of your driver’s license, but this process must be handled quickly after the arrest. There are deadlines that apply.

If a license remains suspended, a request may be made that the court issue an individual an Occupational Driver’s License, permitting the person to drive for a limited purpose such as work, school, and childcare. Having a valid driver’s license is an important and fundamental part of life in the Dallas area. We are here to help you with all license suspension issues. Contact us directly for more detailed information regarding your options so you can get back on the road as quickly as possible.

Suppression of Evidence

Even good officers can and do make mistakes sometimes. The circumstances of the traffic stop, the arrest, or the taking of a breath or blood sample may provide grounds for a motion to suppress evidence in a DWI case. These are very fact-specific, and an analysis must be made of how the law applies to each individual case. Contact us to find out whether any grounds for suppression may apply to the facts and circumstances surrounding your case.

DWI for Drivers Under 21

The state enforces a zero-tolerance policy for all drivers under the age of 21 because they are not of legal age to purchase or consume alcohol. If a driver under the age of 21 is confirmed to be operating a vehicle under the influence of drugs or alcohol at any detectable level, they will be charged with DWI. The standard rule for the legal blood-alcohol concentration (BAC) limit of .08% does not apply to drivers under the age of 21.

Additionally, if the underage driver uses a fake ID to purchase alcohol, they face additional penalties. Any adult who provided alcohol to the underage driver and/or purchased alcohol for them will also face criminal prosecution. Penalties for underage DUI typically include fines, license suspension, mandatory completion of an Alcohol Education Program, and community service. Other penalties may be assigned at the discretion of the sentencing judge.

Penalties for DWI in Texas

The range of punishment for a DWI charge depends on several factors such as whether it is a first or repeat offense, an individual’s breath or blood alcohol level, and other possible criminal history. A first offense is usually a class B misdemeanor, punishable by probation or a period of county jail time not to exceed 6 months. Even a first offense will become a Class A misdemeanor, punishable by probation or a period of county jail time not to exceed one year, if that driver is found to have a breath or blood alcohol level equal to or greater than 0.15. A second DWI offense is also a Class A misdemeanor.

If a driver has two or more prior DWI convictions, any subsequent arrest becomes a felony offense, punishable by 2-10 years in prison. Each offense is also subject to a fine. These are general descriptions only, and each case must be looked at individually for an accurate determination regarding the punishment range.

Other DWI Consequences in Texas

In addition to jail time or probation and a monetary fine, there are other consequences of a conviction for Driving While Intoxicated. For example, some convictions will require the installation of an interlock device on your car, result in the suspension of your driver’s license, or incur surcharges on the renewal of your driver’s license.

A defendant charged with DWI can face a wide range of financial effects as well. They are likely to pay a fine as directed by the court, but they will also be required to pay court fees and penalty assessments. If they caused an accident with another driver, the victim may file an auto insurance claim and/or personal injury lawsuit against them to recoup their losses. Their insurance premiums are also likely to increase significantly.

If the defendant has their driver’s license suspended, they may qualify for a restricted license that can allow them to drive to and from work for a specified period, or they may not be allowed to drive at all. This may limit their opportunities to find work, as will the record of their DWI conviction. Ultimately, the consequences of a DWI conviction can extend far beyond the penalties assigned by the court and last for many years.

Possible Civil Penalties for DWI Accidents in Dallas, TX

Intoxicated driving is one of the most common causes of vehicle accidents in the state each year, and the state enforces the fault rule for resolving all motor vehicle accidents. This means that the driver at fault for causing an accident is liable for all resulting damages. The injured driver would have the right to file a claim against the at-fault driver’s insurance and, if insurance can’t fully cover their losses, pursue a personal injury lawsuit against the at-fault driver.

If you caused an accident while under the influence, the state would prosecute you for breaking the law, while the injured driver would file a civil lawsuit against you to seek compensation for their damages. Because you caused harm in the accident, this could exacerbate the penalties you could face in criminal court sentencing. Causing a personal injury through an illegal act can also open the door to enhanced liability to the victim in the form of punitive damages.

While defense representation you trust is an invaluable asset in any criminal case, it is especially important to have an experienced Dallas DWI lawyer representing you when you face a civil lawsuit from an injured victim. Your defense attorney could be an essential asset in minimizing your financial liability for the victim’s damages and providing crucial representation in your criminal court proceedings.

Multiple Charges With DWI in Dallas

It is, unfortunately, common for a driver arrested for DWI to face multiple charges in the same indictment. For example, if they are arrested for driving under the influence of drugs and the arresting officer finds drugs inside their vehicle, they are likely to face a drug possession charge in addition to their DWI charge. The same can apply to illegal weapons or endangering the safety of their passengers.

Multiple prior convictions on a single indictment will typically escalate the defendant’s potential penalties dramatically. When you are charged with multiple offenses, it is especially important to have an experienced Dallas DWI attorney on your side. They may be able to argue in your favor to have charges reduced and/or dropped, thereby mitigating your possible penalties.

Pretrial Diversion for First Offenses

Some individuals arrested for DWI for the first time may qualify for pretrial diversion under certain conditions. The pretrial diversion programs available in the Dallas criminal court system are important, and we can provide the legal representation you need if you seek acceptance into any such programs.

Our approach involves dedicating time to truly hear what each client has to share, grasping the nuances of their situation that led to their legal issues, and aiding them in identifying the strongest defense strategies open to them. Pretrial diversion is designed to provide individuals charged with crimes an opportunity to bypass jail time and additional sanctions, given specific criteria are met. While not everyone will be eligible for these programs, qualifying defendants will find immense value in having a skilled Dallas pretrial diversion attorney by their side.

Every pretrial diversion program is unique and tailor-made to the defendant based on their situation and the facts of their case.  Your Dallas DWI lawyer can help you understand your requirements clearly.

Plea Bargains in DWI Cases

Plea bargaining is sometimes offered to defendants when prosecutors want to secure a conviction in court. To conserve court resources and avoid a potentially lengthy trial, the prosecution may offer reduced or even dropped charges and/or a lighter sentence if the defendant agrees to submit a guilty plea immediately. If you did break the law, a plea bargain might be your most viable option for avoiding severe penalties for DWI.

However, it is also possible for a prosecutor to offer a plea deal because they are not convinced that they can secure a conviction in court. They may be hoping that the defendant will take the deal and enter a guilty plea out of desperation or lack of will to fight the case. Ultimately, every situation is unique, and you will need an experienced defense attorney’s help to make an informed decision as to whether you should accept such a deal if one is offered to you.

What to Expect From Your Dallas DWI Lawyer

Every DWI case is unique, and every defendant charged with DWI in Dallas, TX will face different challenges and opportunities when it comes to building their defense. There is no single strategy that works for every defendant, so it is crucial for you to find a Dallas DWI attorney who can provide defense representation tailored to your individual circumstances.

When you choose the Harris & Harris Law Group, PLLC, to represent your defense, you have access to decades of professional legal experience from our attorneys, former prosecutors who intimately understand the inner workings of the Dallas criminal justice system and the challenges your case may present. Our firm is confident in our ability to represent our clients faithfully in the most challenging cases.

Your Attorney Can Examine the Facets of Your Case, Including if Your Rights Were Respected

Trust our team to carefully examine the circumstances of your arrest and booking. We can verify that the police followed appropriate procedure, upheld due process, and properly established probable cause to conduct a lawful arrest. We can also verify that your rights were respected during all of your interactions with the police. If we identify any issues, we can leverage them to maximum effect in building your defense.

If pretrial diversion is an option in your situation, we can help you complete the application process and negotiate with the district attorney’s office for you. If you are granted a diversionary program, we can help you understand the terms and conditions you must follow to complete the program.

If you must defend yourself in court, you can rely on our team to do everything we can to mitigate the penalties that could be assigned to you. If the prosecutor offers a plea deal, we can examine the terms and help you make an informed decision as to whether you should accept the deal or continue fighting in court. If you are convicted, trust us to argue in favor of the lightest possible penalties the judge might assign.

No defense attorney can ever promise their client a specific outcome to their case, but we can promise responsive communication from our team through all stages of your case, the utmost care and attention to detail in handling all of your proceedings, and thoughtful consideration for all the unique variables present in your case. Our goal is to help you avoid conviction if possible or to minimize your penalties if necessary in the face of certain conviction.

DALLAS DWI DEFENSE ATTORNEY

DWI is a serious allegation, and you need an experienced and aggressive lawyer on your side. An experienced Dallas DWI lawyer can potentially assist you in avoiding conviction or, at the very least, mitigating the penalties you could face in sentencing. Our firm has the experience needed to handle the most challenging DWI cases with confidence. Contact the attorneys of the Harris & Harris Law Group today to discuss your rights under Texas law.