An arrest for Driving While Intoxicated (DWI) inTexas can no doubt be a very awkward, embarrassing, frightening, and confusing time for any individual to go through. When an individual is facing any type of charge of DWI charges in the Dallas-Fort Worth Metroplex, it’s very important to seek to find the best legal counsel, and a properly skilled, trained, and experienced DWI Defense Attorney immediately so can you best work together to mount the best possible defense. you may conserve all avenues of assaulting the prosecutor’s case. Many individuals just assume that an arrest for a charge of DWI is not worth contesting. However, an experienced DWI Defense attorney should have the experience, knowledge, and resources to mount an effective defense, leading to some of the charges being dismissed or reduced to less severe charges.
Sometimes, one can have a little too much to drink. You thought you could drive home but ultimately made the wrong decision. You were pulled over, given roadside sobriety tests, and arrested on a driving while intoxicated (DWI) charge. For most people, getting arrested for a first offense DWI is a severe ordeal. A DWI conviction can cost you your freedom, your license, increased insurance rates, and more. It is common that most first-time DWI offenders have no prior criminal history, and likely have had limited, to absolutely no experience in the criminal court’s system (other than perhaps a few speeding tickets). Being arrested for a charge of DWI can be a terrifying process. Most worry about how to deal with possibly having a license suspension, while maintaining gainful employment, and how a possible conviction may affect their families and careers. Not to mention how frequent they may have to take off of work to attend various court sittings, hearings, etc.
Texas DWI Laws
To be convicted of DWI in Texas, the state must prove every element of an offense beyond a reasonable doubt. For a charge of DWI, the state must prove a) that you were operating a motor vehicle in a public place, and b) that at the time of operation you had an alcohol concentration of .08 or more; or that you did not possess the normal use of your mental or physical faculties because of alcohol or drugs.
Under Article 49.04(a) of the Texas Penal Code Section 49.04. DRIVING WHILE INTOXICATED is defined as: A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. Article 49.01 of the Texas Penal Code Section defines intoxication as: (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (B) having an alcohol concentration of .08 or more.
DWI-1ST OFFENSE DEFENSE ATTORNEY
If this is your first DWI arrest, the first step is to contact an aggressive, skilled, and experienced Texas DWI Defense Attorney immediately. Aside from collecting valuable evidence from the very beginning, some deadlines need to be met to avoid extra penalties. Simply put, the sooner you can start mounting a valid defense, the better it usually will be. At The Law Offices of Carl David Ceder, we take time and care into guiding all our clients throughout the court system, given our knowledge and experience of having worked in multiple courts around the entire State of Texas. We take the necessary steps to ensure that each case is thoroughly examined, prepared, and attempted to be resolved with the best possible outcomes given whatever factors are involved. Our law firm can also provide investigators and experts in various fields of DWI laws, which can help in examining the particular facts of your case to help you achieve the best possible outcome. DWI Defense is a particular niche of the law, and it is important to utilize representation that can help guide you to the best result possible given your specific facts.
PENALTIES FOR FIRST-TIME DWI OFFENSES
It is imperative to understand all the possible consequences that can result from a DWI conviction. We strongly discourage representing yourself, especially if you are not familiar with the criminal court’s system because the punishments can be severe and life-changing. In fact, our office encourages those affected to interview and discuss your case, within a reasonable timeframe, and meet with other attorneys so you can ultimately make a well-informed decision when deciding who will eventually engage in representation of your case.
It must be noted that the accused must file a notice of appeal within 15 days after an arrest (done via requesting what is referred to as an “ALR Hearing”), or you will automatically lose your license to drive. The length of suspension will vary depending on the circumstances of the arrest (whether it was a chemical specimen refusal or if it was obtained via consent, whether there are any prior DWI convictions, or ALR suspensions, etc.)
Not notifying Texas department of public safety (DPS) within the requisite period, or not doing so at all, will result in an automatic license suspension (regardless of the circumstances). This also forfeits your right to subpoena and cross-examine the arresting officer(s) at the “ALR Hearing” if it takes place. Hiring an experienced Texas DWI Attorney within the deadline will also ensure that discovery on the case will be obtained quicker than if done through the District Attorney’s Office. Thus, it can often ensure that crucial evidence can be collected and used at upcoming hearings to help determine the best and most wise course of action to take with any given DWI case.
POSSIBLE PUNISHMENT RANGES FOR A DWI FIRST CONVICTION
DWI – 1st: Class B Misdemeanor
The potential range of punishment: Confinement for a minimum of 72 hours, up to a maximum term of 180 days in jail, and or a fine not to exceed $2,000.
Statute: Texas Penal Code: Section 49.04
DWI – 1st (with a .15 BAC or higher): Class A Misdemeanor
The potential range of punishment: Confinement for a minimum of 72 hours, up to a maximum term of 365 days in jail, and or a fine not to exceed $4,000.00.
Statute: Texas House Bill 1199
OTHER POSSIBLE CONSEQUENCES OF A DWI CONVICTION
- Incur paying the State of Texas via various DPS surcharges: ($1000 each year for 3 years, totaling $3,000 for a Class B Misdemeanor; $1,500 each year for 3 years, totaling $4,500 for a Class A Misdemeanor);
- Car insurance rates could increase possibly up to 3 times for annual premiums;
- A high likelihood of having to purchase and carry an SR-22 insurance policy;
- perhaps having to obtain a (“DLD” – or “Ignition interlock device”) installed on your vehicle;
- Attorney Carl David Ceder is here to help prevent legal consequences facing your DWI matter. A DWI will affect your driving privileges for many years down the road. If you feel you were at the wrong place at the wrong time or were adversely pushed into a situation unfairly; you need the legal advice of an experienced attorney to protect your rights. You are innocent until proven guilty.
Defending a DWI charge in the state of Texas requires an experienced DWI Defense Attorney who understands, and how has taken the time to learn how to effectively fight and contest all aspects of the case. In order to ensure that you have the best assistance in negotiating through the maze and convoluted nature of how of administrative (DPS/Civil)and criminal hearings, contact The Law Offices of Carl David Ceder for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394).
If you’ve been arrested or have reason to believe you will be charged with a charge of DWI in any county in the Dallas-Fort Worth Metroplex, including Dallas County, Collin County, Tarrant County, Denton County, & Rockwall County, call Dallas-Fort Worth Criminal Defense Attorney Carl David Ceder immediately at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com. Attorney Carl David Ceder is a knowledgeable Texas Criminal Defense Attorney who will fight the allegations against you. You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com. Phones should be answered 24 hours a day/7 days a week for immediate and prompt assistance. E-mail messages will try to be responded to with 24-48 hours, depending on whether Carl and his team is in trial and/or is busy working on a case for a contested hearing.