DWI Attorney in New Braunfels

Why Choose Milam & Fanning, PLLC for Your DWI Defense?

At Milam & Fanning, PLLC, we merge the personalized service of a boutique practice with the substantial resources typical of a larger firm. This hybrid approach allows us to deliver comprehensive and tailored legal strategies to effectively navigate DWI charges in New Braunfels, TX.

Facing a DWI charge is more than just a legal issue; it can significantly impact your future, from employment opportunities to personal relationships. That's why having a robust defense strategy in place is essential. Our team doesn't just work hard to defend you in court; we also strive to provide peace of mind in a time of uncertainty.

Need a reliable DWI Attorney in New Braunfels? We provide free consultations and work hard to keep your legal costs manageable. Let’s fight your charge together—call (254) 237-5602 now or contact us online for fast, affordable legal help.

Understanding Texas's DWI Laws

Texas Penal Code § 49.04 defines Driving While Intoxicated (DWI). You can be charged with DWI if you operate a motor vehicle in a public place while intoxicated. The definition of "intoxicated" under Texas Penal Code § 49.01(2) is broad and includes impairment by alcohol, drugs, or a combination of both.

Path A: The "Loss of Normal Faculties" Standard (Subjective Impairment)

This standard relies on circumstantial evidence of impairment observed by the arresting officer. This includes erratic driving, slurred speech, bloodshot eyes, poor coordination, or failed Field Sobriety Tests (FSTs). The prosecution must demonstrate that your actual driving ability was compromised by the substance's influence.

Path B: The "Per Se" Standard (Chemical Test Results)

This is the "per se" standard for alcohol. If your Blood Alcohol Concentration (BAC) is at or above 0.08, you are legally considered intoxicated, regardless of observable impairment.

Zero Tolerance for Underage Drivers

For drivers under the age of 21, Texas has a strict "Zero Tolerance" policy. If a minor operates a vehicle with any detectable amount of alcohol in their system, they can be charged with Driving Under the Influence (DUI by Minor), which is a separate offense from DWI but also carries significant penalties including license suspension. If an underage driver has a BAC of 0.08% or higher, they will typically be charged with the standard adult DWI offense.

Penalties for DWI Convictions in Texas

The penalties for a DWI conviction in Texas are substantial and are designed to deter impaired driving. It's crucial to understand that these are often mandatory minimum penalties upon conviction. Texas employs a "lifetime look-back" period for prior DWI convictions; any prior DWI conviction on your record, regardless of how long ago it occurred, can be used to enhance the severity of a current DWI charge.

For a first offense DWI, the penalties include:

• Jail Time: Mandatory minimum of 72 hours up to 180 days in county jail. (Mandatory 6 days if an open container was present).
• Fines: Up to $2,000.
• Driver's License Suspension: 90 days to 1 year.
• Annual Surcharge: $1,000 or $1,500 for three years (totaling $3,000 or $4,500) imposed by the Texas Department of Public Safety (DPS) to retain your license after any suspension.
• DWI Education Program: Mandatory 12-hour program.
• Ignition Interlock Device (IID): Possible installation as a condition of bond or probation.
• Probation: Up to two years, with conditions such as community service (often 20-80 hours), attendance at Victim Impact Panels (MADD), and drug/alcohol assessments.

Each subsequent offense brings harsher penalties. The complex web of penalties and the permanent nature of DWI convictions in Texas demand immediate and sophisticated legal intervention. A DWI attorney in New Braunfels from Milam & Fanning, PLLC works tirelessly to avoid these catastrophic outcomes.

Administrative License Revocation (ALR) Process for DWI

In Texas, a DWI arrest triggers an Administrative License Revocation (ALR) process by the Department of Public Safety (DPS), which is separate from criminal proceedings and can lead to license suspension before any conviction. Under the state's Implied Consent Law, drivers implicitly consent to chemical tests if lawfully arrested for DWI. 

If you register a BAC of 0.08% or higher (lower for underage or commercial drivers) or refuse a test, the officer issues an immediate Notice of Suspension, which serves as a temporary 40-day driving permit.

Crucially, you have only 15 calendar days from your arrest date to request an ALR hearing to challenge this automatic license suspension; missing this strict deadline results in an automatic suspension on the 40th day. For a first offense, failing a test leads to a mandatory 90-day suspension, while refusing results in a more severe 180-day suspension, and the refusal can be used as evidence against you in your criminal case.

Potential Defenses Against DWI Charges in New Braunfels

Successfully defending against DWI charges requires a multi-faceted and aggressive approach, meticulously scrutinizing every detail to challenge the prosecution's evidence and protect your rights. Our strategies focus on undermining key elements of the charge to achieve the best possible outcome.

• Unlawful Stop/Arrest: Argue that the initial traffic stop lacked reasonable suspicion or the arrest lacked probable cause, leading to the suppression of subsequently obtained evidence and potential dismissal.
• No "Operation" or "Actual Physical Control": Contend that you were merely in the vehicle but not operating it or intending to operate it (e.g., sleeping in a parked car).
• No Intoxication/Impairment: Challenge the prosecution's ability to prove you were "incapable of driving safely" based on subjective officer observations or Field Sobriety Test performance, especially if BAC is below 0.08% or per se evidence is contested.
• Miranda Rights Violations: Assert that any statements obtained improperly after arrest should be deemed inadmissible.
• Prescription Drug Defenses: If applicable, prove that a legally prescribed drug, used as directed, did not cause the alleged "incapacity to drive safely."
• Medical Conditions: Present evidence of underlying medical conditions that mimic signs of intoxication (e.g., diabetes, neurological disorders, recent head injury).
• Constitutional Violations: Aggressively file motions to suppress any evidence obtained in violation of your constitutional rights.

Milam & Fanning's Proven Approach

Our approach is distinguished by clear communication and personalized service. We believe in working closely with our clients, ensuring that you are informed and comfortable with every decision made regarding your case. This dedication translates into strong advocacy and has contributed to our reputation for achieving favorable outcomes.

Every client's situation is unique, which is why our approach is not one-size-fits-all. We take the time to understand the intricacies of your case and leverage our local legal knowledge to craft a plan that suits your specific needs. Our reputation as a trusted firm in the New Braunfels community reflects our commitment to each client's success, underpinned by our team's ability to inspire confidence through competent guidance and reliable representation.

Take the Next Step Towards Protecting Your Future

If you’re facing a DWI charge in New Braunfels, TX, it’s crucial to act quickly and intentionally. Contact Milam & Fanning, PLLC to receive a personalized consultation tailored to your circumstances. Our friendly and professional legal team will help you understand your options, relieve your uncertainties, and navigate the complexities of the legal system with confidence.

Contact us online or call (254) 237-5602 to discuss your case. Let Milam & Fanning, PLLC guide you with our compassionate support and strategic insight.