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DO I HAVE TO GO TO TRIAL IN TEXAS? |
Melissa, Texas DWI Defense Attorney
Lawyer for DWI Charges in Melissa, TX
Driving While Intoxicated (DWI) is a criminal offense that may apply if a person operates a motor vehicle while under the influence of alcohol, marijuana, prescription drugs, controlled substances, or anything else that could affect their ability to drive safely. The state of Texas has taken steps to ensure road safety as much as possible, and a police officers may pull over a person who is suspected of intoxicated driving and perform an arrest for DWI. Navigating the complexities of DWI laws can be challenging, and for those who have been charged with this offense, it is crucial to understand the potential consequences and the defenses that may be available.
Understanding DWI Charges in Texas
In Melissa, as in the rest of Texas, a person is legally considered to be intoxicated if they have a blood alcohol concentration (BAC) of 0.08 percent or higher. Impairment due to other substances, including a combination of alcohol and drugs, may also lead to DWI charges, regardless of a person's BAC level.
First-Time DWI Charges
For first-time offenders, DWI is typically classified as a Class B misdemeanor. The penalties can include a fine of up to $2,000, jail time ranging from three to 180 days, license suspension for up to two years, and the requirement to use an ignition interlock device (IID) after the reinstatement of a driver's license. These consequences underscore the seriousness with which Texas approaches DWI offenses, even for first-time violators.
Second-Time DWI Charges
The repercussions escalate with a second DWI offense, which is classified as a Class A misdemeanor. A person who is arrested for DWI after previously being convicted of intoxicated driving may face a fine of up to $4,000, one month to one year in jail, and a possible two-year driver's license suspension. The increased severity of penalties for repeat offenders demonstrates Texas's commitment to preventing DWI offenses by those who have previously been convicted.
Subsequent DWI Charges
Third or additional Subsequent DWI offenses in Texas are considered felonies. A third offense can lead to a $10,000 fine, two to 10 years in state prison, and up to two years of driver's license suspension. The penalties increase for each additional offense. These consequences are meant to address the risks posed by habitual offenders and ensure that others will be protected from potential harm by intoxicated drivers.
Felony DWI Charges
Other circumstances may elevate DWI charges to felonies, even for first-time offenders. These include:
- DWI with a child passenger: Driving while intoxicated with a passenger under 15 years old is a state jail felony.
- Intoxication assault: Causing serious bodily injury due to driving while intoxicated is a third-degree felony.
- Intoxication manslaughter: If a fatal accident occurs while a driver is intoxicated, they may be charged with a second-degree felony.
How Law Offices of Biederman & Burleson P.L.L.C. Can Help Defend Against DWI Charges
At Law Offices of Biederman & Burleson P.L.L.C., our attorneys understand the gravity of DWI charges and the impact they can have on your life. We may be able to employ various defense strategies to challenge the evidence and procedures used in your case, including:
- Challenging field sobriety and chemical tests: We scrutinize the administration and accuracy of field sobriety tests performed during a traffic stop, as well as chemical tests of a driver's breath or blood, questioning their validity and the conditions under which they were conducted.
- Examining the traffic stop: Our attorneys can assess whether a police officer had a valid reason for the traffic stop, ensuring that a driver's rights were not infringed upon.
- Building a comprehensive defense: We explore every angle of a case, from procedural errors to the interpretation of evidence, crafting a defense strategy tailored to achieve success.
Contact Our Melissa, TX DWI Defense Lawyers
Facing DWI charges can be daunting, but you do not have to navigate these issues alone. The attorneys at Law Offices of Biederman & Burleson P.L.L.C. are committed to offering experienced legal support, ensuring that your rights are protected. To arrange a free consultation and learn more about how we can assist you, contact us today at 469-333-3333. Let us help you navigate the complexities of DWI defense and protect your driving privileges and your freedom.