Is DWI a Felony in Texas?
DWI starts as a Class B misdemeanor but can be enhanced for a number of reasons. It becomes a Class A misdemeanor if:
- There is a breath or blood test of .15% or higher, or
- You have already been convicted of DWI.
DWI would become a state jail felony if a child passenger (14 years old or younger) was riding with you at the time. It becomes a third-degree felony if you have been convicted of DWI twice. Each enhancement triggers different punishments and different probation conditions. We will be sure to discuss these with you carefully and thoroughly.
Can I Refuse a Breath or Blood Test?
State law also includes implied consent to take a BAC test. This law means that if you refuse to take a breath test or other test that could measure your blood alcohol concentration, you face automatic penalties. Typically, that consequence results in a 180-day suspension of your driver's license.
Because DWI laws can vary in different areas, learning more about Texas DWI laws may work in your best interests. This information could help you understand how the circumstances of your arrest — or the arrest of your child — could impact the charges and subsequent legal endeavors.
Defenses Against DWI Charges in Texas
When facing DWI (Driving While Intoxicated) charges in Texas, it's important to remember that every case is unique, and the specific defenses available will depend on the circumstances. While consulting with a Waco DWI attorney is crucial to determine the most appropriate defense strategy for your case, here are some common defenses used in DWI cases in Texas:
- Challenging the Traffic Stop: The Fourth Amendment protects individuals from unreasonable searches and seizures. If the police lacked reasonable suspicion to initiate the traffic stop, your lawyer may argue that the stop was unlawful, and any evidence obtained after that should be suppressed.
- Questioning Field Sobriety Tests (FSTs): Field sobriety tests, such as the walk-and-turn or one-leg stand, are designed to assess impairment. However, these tests can be subjective and affected by factors other than intoxication. Your lawyer may challenge the reliability and accuracy of the FSTs administered to you.
- Disputing Breath or Blood Test Results: Breathalyzers and blood tests are commonly used to measure a person's blood alcohol concentration (BAC). Your lawyer may challenge the accuracy of these tests by examining factors such as faulty equipment, improper calibration, or inadequate administration protocols.
- Rising Blood Alcohol Content (Rising BAC): Your attorney might argue that your BAC was below the legal limit at the time of driving but increased afterward. This defense relies on the fact that alcohol takes time to be absorbed into the bloodstream, and your BAC may continue to rise even after you stop driving.
- Medical Conditions or Fatigue: Certain medical conditions or fatigue can mimic signs of intoxication. If you have a medical condition or were excessively tired during the arrest, your lawyer may present evidence to challenge the prosecution's impairment claim.
- Violations of Constitutional Rights: Your attorney will examine whether your constitutional rights were violated during the arrest, such as improper Miranda warnings, coerced statements, or denial of access to legal counsel.
- Inadequate Proof: The prosecution bears the burden of proving your guilt beyond a reasonable doubt. Your lawyer may challenge the sufficiency of the evidence presented by the prosecution and argue that there is insufficient proof of impairment.
It's important to consult with a qualified Waco DWI lawyer who can evaluate the specifics of your case, gather evidence, and develop a tailored defense strategy based on the circumstances surrounding your arrest.
Understanding the Importance of Hiring a DWI Attorney
When facing DWI charges in Texas, it's crucial to have a knowledgeable and experienced attorney on your side to navigate the complex legal process and advocate for your rights. A skilled Waco DWI lawyer can provide aggressive defense strategies, challenge evidence, negotiate with prosecutors, and work towards minimizing the potential consequences of a DWI conviction.
Benefits of hiring a DWI attorney include:
- Expertise in DWI laws and legal procedures
- Ability to protect your rights and ensure fair treatment
- Experience in negotiating plea bargains and reduced charges
- Knowledge of potential defenses and strategies for your case
- Support and guidance throughout the legal process
Don't navigate the complexities of DWI charges alone. Contact Milam & Fanning, PLLC today to schedule a consultation with our experienced Waco DWI attorney and get the strong defense you deserve.
Why Choose Milam & Fanning, PLLC for Your DWI Defense?
When facing a DWI charge, the stakes are high, and having the right legal representation can make all the difference. At Milam & Fanning, PLLC, we pride ourselves on our extensive experience and commitment to defending our clients' rights. Here are several compelling reasons to choose us as your trusted DWI defense attorneys:
- Proven Track Record: Our firm has successfully defended numerous clients against DWI charges, achieving favorable outcomes through our strategic approach and in-depth understanding of Texas DWI laws.
- Personalized Legal Strategies: We recognize that every case is unique. Our attorneys take the time to understand your specific circumstances and tailor a defense strategy that best suits your needs.
- Comprehensive Support: From the moment you contact us, we provide comprehensive support throughout the legal process, ensuring you are informed and empowered at every step.
- Expertise in DWI Defense: Our attorneys stay up-to-date with the latest developments in DWI laws and defense strategies, allowing us to provide you with the most effective representation possible.
- Compassionate Advocacy: We understand the emotional toll a DWI charge can take. Our team is dedicated to providing compassionate support while aggressively advocating for your rights.
Don't leave your future to chance. Contact Milam & Fanning, PLLC today to schedule a consultation and learn how we can help you navigate your DWI case with confidence.
Contact Our Waco DWI Lawyer Today
Remember that you only have 15 days from your arrest to request a hearing to contest the suspension of your license – so contact us immediately. If your license becomes suspended, we can help you seek an occupational license so that you can legally continue to drive throughout the suspension period.
Too many criminal defense lawyers try to handle DWIs simply because they are licensed to practice law. This should not be — handling a DWI charge requires technical and scientific knowledge. An attorney should not defend a DWI charge unless they have specific training.
Contact Milam & Fanning, PLLC online or call (254) 237-5602 today to schedule a consultation with our DWI attorney in Waco!
Contact Our Waco DWI Lawyer Today
Remember that you only have 15 days from the date of your arrest to request a hearing to contest the suspension of your license – so contact us right away. In the event your license does become suspended, we can help you seek an occupational license so that you can legally continue to drive throughout the suspension period.
Too many criminal defense lawyers try to handle DWIs simply because they are licensed to practice law. This should not be — handling a DWI charge requires technical and scientific knowledge. An attorney should not defend a DWI charge unless he or she has specific training in this area.
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