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Driving offenses come in the form of moving violations, non-moving violations, traffic infractions, and traffic crimes. Therefore, you need to work with an experienced traffic violation defense attorney if you want to ensure a more positive outcome for your driving offense case. They can inform you about your rights so you can proceed with a charge with more insight. Let’s look at some of the driving offenses and examples.

Moving Violations

Moving violations are offenses that occur while a vehicle is in motion. These are considered more serious than non-moving violations because they pose a greater risk to public safety.

Speeding:

Speeding is one of the most common moving violations. Some states follow an “absolute speed limit” law, meaning that exceeding the posted speed limit by any amount is a violation. Fines for speeding depend on how much over the limit the driver was going and the location of the offense (e.g., school zones carry higher penalties). It has been reported that 29 percent of total traffic fatalities for a recent year were associated with this common violation.

Running through an intersection when a light is red:

This violation occurs when a driver enters an intersection after the traffic signal has turned red. The fine for this infraction can typically range from $75 to $275, depending on the jurisdiction. Some cities also use red light cameras, which automatically issue citations to violators.

Improper lane change:

This violation includes changing lanes without signaling, cutting off other drivers, or crossing solid lines.

Failure to yield:

This violation occurs when a driver doesn’t yield to drivers or pedestrians as required by law. Common scenarios include failing to yield to emergency vehicles at intersections or when merging onto highways.

Other Examples

Other examples of moving violations can include:

  • Tailgating (following too closely)
  • Driving too slowly
  • Improper turning
  • Failure to stop at a stop sign

Non-Moving Violations

Non-moving violations are offenses that occur while a vehicle is stationary. While generally less severe than moving violations, they can still result in fines and other penalties.

Illegal parking:

Parking in prohibited areas, such as fire lanes, handicapped spaces without proper authorization, or blocking driveways are all examples of illegal parking. Fines vary widely depending on the specific violation and jurisdiction, ranging from $20 for minor infractions to several hundred dollars for parking in handicapped spaces.

Other Examples

Other examples of non-moving violations include:

  • Failure to wear a seatbelt
  • Having an obstructed view (e.g., cracked windshield)
  • Equipment violations (e.g., broken tail lights, excessively tinted windows)
  • Failure to have proper insurance documentation in the vehicle

Traffic Infractions

Traffic infractions are minor offenses that typically result in fines and, sometimes, points on a driver’s license. They can be either moving or non-moving violations.

Examples of traffic infractions include:

  • Failure to signal when turning or changing lanes
  • Driving with an open container of alcohol in the vehicle
  • Violating restrictions on a provisional license (for young drivers)

Traffic Crimes

Traffic crimes are more serious offenses that often involve reckless behavior or result in harm to others. These offenses typically carry more severe penalties, including possible jail time.

Driving on a suspended license

Operating a vehicle with a suspended or revoked license is a serious offense. In some states, first-time offenders can face fines up to $500 and up to six months in jail, and repeat offenders may face even steeper penalties.

Driving while intoxicated

Driving while intoxicated is an offense when a driver’s blood alcohol concentration is at least 0.08 percent. You may face a license suspension for as long as a year and jail time for a first offense.

Reckless driving causing injury or death:

Reckless driving that results in serious bodily injury or death can be charged as a criminal offense. Penalties can include fines up to $4,000 and jail time up to one year for serious bodily injury, with more severe consequences for fatalities.

Hit and run

Leaving the scene of an accident without providing information or rendering aid is a serious crime. For accidents involving injury or death, you may face penalties that include fines and imprisonment.

Vehicular homicide:

Also sometimes known as intoxication manslaughter, this offense occurs when a person causes the death of another due to driving while intoxicated. In some states this crime is punishable by 2 to 20 years in prison and fines of up to $10,000.

License Suspension for Moving Violations

Drivers can still face license suspension for accumulating too many moving violations. Below is an example of Texas guidelines for suspension relating to moving violations:

  • Four or more moving violations within 12 months can result in license suspension.
  • Seven or more moving violations within 24 months can also lead to suspension.

The length of suspension varies based on the number and type of offenses, typically ranging from 30 days to two years for repeat offenders.

Other Reasons for a License Suspensionnotepad with license suspension written next to gavel

Other reasons for license suspension can include:

  • DWI conviction (mandatory suspension)
  • Causing an accident resulting in serious bodily injury or death
  • Being involved in a traffic accident while uninsured
  • Failing to pay child support
  • Certain drug-related convictions

Work with a Defense Attorney to Ensure the Best Outcome

When you’re facing a driving offense, it is always a good idea to retain legal help. Using the services of a defense lawyer will help you learn more about your rights and experience a better outcome.
Traffic offenses can be serious and come with many penalties designed to promote safe driving and protect public safety. From minor infractions to serious crimes, the consequences of traffic violations can include fines, license suspension, and even imprisonment.

Therefore, it’s vital that drivers understand these laws and practice safe driving habits to avoid the personal, financial, and legal repercussions of a traffic offense or violation.

Contact an Experienced Defense Attorney If You’ve Been Charged with a Traffic ViolationKelly Benavides

If you are charged with a traffic offense or violation, make sure to contact a traffic violation defense lawyer near you. Learn more about your rights and ensure you’re on a more positive legal course.



 

You need a DWI attorney after an arrest for drunk driving. Not only can a DWI attorney contest a license suspension, they can fight to get your driver’s license back so you can regain your driving privileges.

Getting Your Driver’s License Back – How a DWI Attorney Can Help You

To reinstate your license, you’ll need to know what to expect. A DWI lawyer can serve as your legal counselor. Below are the steps you’ll need to follow.

Wait Out the Suspension Period

The suspension period will depend on your blood alcohol content (BAC), previous offenses, and whether you took a blood or breath test. A suspension, depending on your criminal history, can last from 90 days to two years.

Complete a Required Court-Ordered Program

Your completion of a court-ordered drug or alcohol educational program or driving course is another step that needs to be met.

Pay the Costs of Reinstatement

To reinstate your license, you’ll need to remit a reinstatement fee and other fees for DWI and other traffic offenses. Closeup image of gavel and money. Fine, penalty.

Show Proof of Financial Responsibility

To reinstate your driving privileges, you’ll submit an SR-22 certification from your auto insurance company to show financial responsibility. Most states use this SR-22 requirement, which other states may call proof of insurance. You may need this certificate for two years or more.

An SR-22 proves that a driver has the minimum coverage of liability insurance. It’s also called a certificate of insurance or a financial responsibility filing. 

Requirements may vary by state, but for example, the Texas Department of Motor Vehicles (DMV) requires drivers get this certificate after:

  • A DWI conviction
  • A suspended or revoked driver’s license
  • Driving without insurance
  • Judgments that haven’t been satisfied
  • An excessive number of traffic violations

What an SR-22 Covers
Proof of the minimum coverages required, per state, for bodily injury liability per person, and property damage liability per accident.

The SR-22A and How It’s Used

While an SR-22 represents a standard insurance certificate demonstrating financial responsibility, some states may require an SR-22A.

An SR-22A requires you to pay your insurance payments in six-month installments. States may require this certificate after repeated driving violations, especially if you could not provide proof of insurance after police pulled you over. Therefore, the SR-22A is a stricter version of an SR-22 certificate.

How to Get an SR-22

You can buy an SR-22 from an insurance company. They typically SR-22s with liability coverage. Drivers may also buy a non-owner’s policy and SR-22 bundle from an independent insurance provider.

How a DWI Lawyer Can Help You With a License Reinstatement

Working with a DWI defense lawyer is well worth the investment, as they can get you through a difficult time with more ease and less stress. A lawyer has the skill to remedy a bad situation, so your options for reinstatement increase.

A DWI lawyer can guide you through any number of DWI-related issues.

DWI Laws

A person drives while intoxicated if the following applies:

  • Their BAC (blood alcohol concentration) is at least 0.08 percent
  • You’ve lost the use of your physical or mental facilities from taking drugs or consuming alcohol

DWI License Suspensions

After a DWI arrest, you’ll face two separate legal processes:

The state may suspend your license through either of the above processes. The length of the suspension will vary, based on the refusal or failure of a chemical test or prior offenses.

Using the Services of a DWI Lawyer for a License Suspension and Reinstatement: Reasons Why You Should Hire a DWI Lawyer

The image representing a court scenario related to DWI (Driving While Intoxicated), with a gavel, scales, and the "DWI" text.

Challenging the Suspension

One of the first ways a DWI lawyer can help is by challenging the initial license suspension. This process begins with requesting an ALR hearing within 15 days of your arrest.

Your lawyer can:

  • Prepare a strong defense
  • Cross-examine witnesses or the arresting officer
  • Present evidence that works in your favor

If your lawyer succeeds, they can keep your license intact, eliminating the need for a reinstatement.

Managing Your Criminal Case

While the ALR process differs from your criminal case, the outcome of your DWI charge can significantly affect your license status.

A DWI lawyer can:

  • Identify weaknesses in the prosecution’s case
  • Talk to the prosecutors to reduce or dismiss charges
  • Represent you in court if required

A favorable outcome in your criminal case can make the license reinstatement process much smoother.

Applying for an Occupational License

If the state suspends your license, a DWI lawyer can apply for a restricted license allowing you to drive for necessary reasons such as work, school, or required household duties.

Your lawyer can:

  • Prepare and file the necessary petition with the court
  • Represent you at the hearing to obtain the occupational license
  • Ensure you meet all requirements, such as installing an ignition interlock device, if required

The Reinstatement Process

When you qualify to reinstate your regular license, a DWI lawyer can:

  • Ensure you completed all required programs (e.g., DWI education courses)
  • Obtain and fill out the necessary forms
  • Ensuring you pay all applicable fees
  • Represent you in any hearings related to license reinstatement

Advising on SR-22 Insurance Requirements

After a DWI conviction, most states require drivers to obtain SR-22 insurance.

A DWI lawyer can:

  • Explain the SR-22 requirement and how long you need to maintain it
  • Advise you on obtaining SR-22 insurance
  • Ensure that your insurance company properly files the SR-22 with the state.

Multiple DWI Offenses

If you have multiple DWI offenses, reinstating your license becomes more complex.

An experienced DWI lawyer can:

  • Figure out a strategy to reduce the increased penalties and longer suspension periods
  • Help you apply for programs like the DWI Intervention or Repeat Offender Program

Exploring Alternative Resolution Options

In some cases, your DWI lawyer can explore alternative resolution options that can impact your license status, such as:

  • Deferred adjudication (in limited circumstances)
  • Plea bargains that reduce charges to offenses with fewer severe license consequences
  • Diversion programs that may be available in your jurisdiction

Addressing Commercial Driver’s License (CDL) Issues

For those with a Commercial Driver’s License, a DWI can have devastating professional consequences.

A DWI lawyer experienced with CDL issues can:

  • Advise on the specific implications for your CDL
  • Explore options for maintaining your professional driving privileges

Keeping You Informed and Prepared

Throughout the entire license reinstatement process, a good DWI lawyer will:

  • Prepare you for what to expect at each stage of the reinstatement process
  • Advise you on how to avoid future issues that can jeopardize your license

License Suspension? Contact a DWI Lawyer TodayKelly Benavides

Are you facing a license suspension because of a DWI charge? With a lawyer’s help, you can regain your driving privileges with less hassle.

Contact a DWI attorney now to ensure a better outcome for your DWI and license suspension case.

You may face an administrative license suspension after an arrest for driving while intoxicated (DWI). It is frequently called an administrative license revocation or ALR.

Common Reasons for a Suspension

This suspension takes place when:

  • A driver fails a blood or breath sample
  • A driver refuses to take a breath or blood test
  • The driver’s blood alcohol concentration or BAC is at least 0.08 percent while driving a non-commercial form of transport
  • The driver’s BAC is at least 0.04 percent while driving a commercial truck or vehicle

The ALR process is not part of the criminal proceedings related to your arrest. The state will suspend your driver’s license before the resolution of the criminal case.

Also, you have 15 days after you get a notice to suspend your license to schedule a hearing. If you don’t make the request, your license suspension will take effect after 40 days.

Winning Tactics and Results

At the hearing, you can show you’re innocent of the charged offense. Your DWI defense attorney can subpoena witnesses and show reasonable doubt.

You can win your ALR hearing if your lawyer can show inconsistencies between the testimony of witnesses and the reports, or if the state filed incorrect or incomplete paperwork.

If you can’t prove your innocence, the state will uphold your suspension, you’ll lose the privilege to drive until the end of the suspension period, and you must pay a fee for reinstatement of your license.

How Long Does a Suspension Last?notepad with license suspension written next to gavel

Your license suspension can range from 90 days to two years or more.

The amount of time depends on:

  • Your criminal history
  • BAC
  • Prior convictions

Even an amusement ride operator who gets arrested for public intoxication can face the suspension of their driver’s license. You need a DWI defense attorney to explain and protect all of your rights.

First Offense

For a first offense, a license suspense spans from 90 days (3 months) to one year. If you refuse your blood or breath test or your BAC is 0.15 percent, your suspension can last from 180 days to two years.

Second and Third Offenses

The suspension can last as long as two years for a second or third offense.

Aggravating Factors

Your suspension can last even longer for aggravating factors. Examples include having a child in the car or getting involved in an accident.

Prior DWI Convictions

If you have had a DWI conviction within the last ten years, your suspension might last 180 days to two years.

Appealing a Suspension

For example, in the Lone Star State, the Texas Department of Public Safety (DPS) oversees the administrative license revocation process, which, again, is separate from criminal punishments.

Again, the suspension takes effect after 40 days from the date of your arrest if you don’t request a hearing. You can appeal a suspension within 30 days of the hearing outcome.

Potential Consequences of an ALR Houston CDL License Suspension Lawyer

An ALR can have several serious consequences, including:

Loss of Driving Privileges

If you lose your driving privileges, you’ll find it difficult to get to work and take care of daily obligations, such as picking the kids up from school. Without this ability, you may find everyday activities incredibly challenging.

Issues with Your Employer

A license suspension can even cause you to lose your job, especially if you drive a commercial vehicle or your job requires daily travel. If this happens, you might have to seek a new job. An administrative license suspension for DWI can make landing a new job a real burden.

Increased Insurance Premiums

Insurance companies often increase rates for drivers with administrative license suspensions. This can impose hardship on your overall transportation costs when you can drive again. This is also true when you have a DWI.

Problems With Renting Housing

A landlord is less prone to rent to people with bad driving records. So, you might lose your job and have problems finding shelter. These consequences, indeed, can change your quality of life.

Issues with Personal Relations

If you get in trouble for DWI and lose your driving privileges, it can hurt your relations with people in your household as well. Sometimes, all these difficulties cause a problematic chain reaction.

Why You Need a DWI Lawyer

When faced with an administrative license suspension, contact a DWI lawyer who can help with the ALR process. Your lawyer will serve as your advocate when dealing with a DWI and your license suspension. They can do this in several ways.

Understanding Your Rights

Your defense attorney will explain the criminal and civil legal process and what rights you have as a driver. They will work to make sure the state respects and preserves your rights. They will review all the factors of your DWI arrest to confirm the state handled everything properly.

Contesting the License Suspension

If you believe your suspension is unfair, or there isn’t enough evidence, a DWI defense lawyer with experience with these cases can contest the suspension. They can get your case dismissed, or they’ll work with the prosecution to reduce your DWI charges.

Safeguarding Your Future

Again, a license suspension can lead to long-term implications, affecting insurance rates, employment, and your ability to rent or purchase a home. A DWI lawyer can help you mitigate these risks.

Additional Considerations

If you have a history of DWIs, you receive more severe penalties. For example, as part of the ALR process, you may have to install an ignition interlock device (IID) on your car. The device will prevent you from starting your auto if your breath alcohol content is too high to drive.

If you hold a commercial driver’s license CDL, you’ll receive stricter penalties and may even lose your job.

Contact a DWI Lawyer Near You TodayKelly Benavides

An administrative license suspension can indeed have a big impact on your life. That’s why you need legal support. Obtaining it will protect your rights and minimize the repercussions of an ALR. 

In Texas, educators are held to high standards of professional conduct, both inside and outside the classroom. This expectation extends beyond their teaching duties and into their personal lives. As a result, legal infractions can have major consequences on their professional careers and what goes on in their personal life.

One such infraction that can profoundly affect a teacher’s professional standing is Driving While Intoxicated (DWI). That’s why working with a Houston, Texas DWI defense lawyer is important for anyone who faces a DWI conviction or has been arrested for DWI.

Understanding a DWI in Texas

Before reviewing the consequences of a DWI for teachers, it’s essential to understand what constitutes a DWI offense in Texas.

Driving While Intoxicated (DWI) is a serious criminal offense that happens when a person drives a motor vehicle or boat and is impaired by drugs or alcohol. You’re officially considered intoxicated if your blood alcohol concentration or BAC is at least 0.08 percent. You may also be arrested if you’re unable to maintain the normal use of physical or mental faculties as a result of the consumption of alcohol or drugs.

The Role of the State Board for Educator Certification

In Texas, the State Board for Educator Certification (SBEC) plays a major role in overseeing the professional conduct of teachers. This body is responsible for certifying teachers and has the authority to impose disciplinary sanctions for various infractions, including criminal violations like DWI.

Immediate Consequences of a DWI for Teachers

When a teacher is arrested for DWI in Texas, they may face immediate consequences even before conviction. Many school districts have policies requiring employees to report arrests promptly. Failure to do so can lead to additional disciplinary action, separate from the consequences related to a DWI.

Upon learning of a DWI arrest, a school district may choose to place the teacher on administrative leave pending the outcome of the legal proceedings. This action is often taken to protect the school’s reputation and ensure students’ safety and well-being during an ongoing case.

The Potential for Job Loss

The school teacher drinks bottled beer while driving, highlighting the risks of impaired driving.

One of the most pressing concerns for teachers facing a DWI charge is the potential loss of employment. While a single DWI offense doesn’t automatically result in termination, it certainly puts a teacher’s job at risk. Texas is an at-will employment state, which means that employers, including school districts, have significant discretion in hiring and firing decisions.

Even if a school district doesn’t have an explicit policy mandating termination for a DWI conviction, they may still choose to end a teacher’s employment due to concerns about negative publicity, the teacher’s ability to serve as a role model for students, or potential liability issues.

The Impact of a DWI on a Teaching Certification

Beyond the immediate risk to current employment, a DWI can have lasting effects on a teacher’s career through its impact on their teaching certification. The SBEC has the authority to take disciplinary action against a teacher’s certification based on criminal convictions, including DWI.

For a first-time DWI offense, the SBEC may choose to impose disciplinary requirements rather than choosing to outright suspend or revoke a teaching certificate. These requirements often include mandatory drug or alcohol counseling, probationary periods, and other rehabilitative measures.

Teachers who fail to comply with these disciplinary requirements risk suspension of their teaching certificate, effectively rendering them ineligible for teaching positions in Texas public schools.

The SBEC views multiple DWI offenses more severely, especially within a short period. The board’s disciplinary rules focus primarily on teachers with two or more DWI violations within 12 months.

In such cases, or in instances of Felony DWI (which can occur with multiple offenses or if there are aggravating factors), the SBEC may impose more severe sanctions, including longer suspensions or even permanent revocation of a teaching certificate.

It’s important to note that the SBEC has discretion in how it handles each case. While guidelines exist, the board considers various factors when determining appropriate disciplinary action. These criteria may include the circumstances of the offense, the teacher’s overall record, and any steps taken toward rehabilitation.

Future Employment Prospects

Drunk driving poses serious dangers, especially when individuals, like a school teacher, consume bottled beer while behind the wheel.

Even if a teacher manages to retain their current position and teaching certificate after a DWI conviction, the offense can significantly impact future employment prospects. All educators in Texas are subject to criminal background checks before certification and employment.

These background checks, which include fingerprinting, reveal all criminal offenses regardless of when they occurred – unless the offense has been expunged from their record.

When applying for teaching positions, a DWI conviction on a background check can be a significant red flag for potential employers. School districts have varying policies regarding hiring individuals with criminal records, and many may be hesitant to hire a teacher with a DWI conviction. This is especially true for positions working directly with students.

Rehabilitation and Recovery

While the consequences of a DWI for a teacher in Texas can be severe, it’s important to note that a single offense doesn’t necessarily spell the end of a teaching career.

The SBEC and many school districts recognize the possibility of rehabilitation and may provide opportunities for teachers to demonstrate that they have addressed any underlying issues and recommitted themselves to their professional responsibilities.

It may involve completing substance abuse treatment programs, attending regular counseling sessions, submitting to periodic drug and alcohol screenings, and maintaining a clean record during a probationary period.

Teachers who complete these requirements and maintain exemplary professional conduct can mitigate the long-term impact of a DWI on their careers. However, it’s important to understand that this process requires significant time, effort, and dedication.

Prevention and Awareness

Given the severe consequences that a DWI can have on a teacher’s career in Texas, prevention and awareness are prioritized in school systems.

Many school districts and educational organizations offer resources and programs aimed at helping educators understand the risks associated with alcohol and drug use, as well as the heightened expectations placed on them as role models in their communities. These programs often emphasize the importance of making responsible choices and understanding the legal and professional consequences of DWI.

Some districts offer confidential employee assistance programs (EAPs) – programs that provide support and resources for teachers struggling with substance abuse issues who want to avoid legal troubles.

Legal Considerations – Working with a DWI Attorney is Imperative

The high-quality image depicting DUI and DWI concepts in a legal context. It should be suitable for your legal blogs, websites, and marketing materials related to criminal law.

For teachers facing DWI charges in Texas, seeking competent legal representation is of the utmost importance. An experienced DWI attorney can help get through the legal process, potentially mitigating the criminal impact of a DWI charge.

Additionally, a knowledgeable DWI defense attorney can advise you on the potential professional ramifications of different legal outcomes, helping you make informed decisions.

Protect Your Teaching License after a DWI, Call a Texas Defense Attorney

A DWI conviction can have far-reaching consequences for teachers in Texas, potentially impacting their current employment, future job prospects, and professional certification.

However, for teachers who do find themselves facing DWI charges, seeking a skilled DWI lawyer and fully complying with any imposed disciplinary requirements are vital steps in preserving their teaching license and career.

If you have been arrested for DWI, speak to a Houston, Texas criminal defense lawyer today. It’s a smart move for a teacher or anyone else to make.

Truckers like life on the road, especially when they travel the open highway. The profession is an important job economically. However, one mistake can also derail a trucker’s life. Usually, this mistake involves drinking and driving. A DWI defense lawyer can help navigate the consequences of a DWI, which can prevent you from obtaining or keeping your CDL.

What Is a Commercial Driver’s License (CDL)?

A commercial driver’s license presents an opportunity to make money as a commercial truck driver. Therefore, the Texas Department of Public Safety (DPS) doesn’t mess around when it comes to CDL qualifications, especially if you had a run-in with the law involving alcohol or drugs.

A DWI arrest or conviction can cause you to lose your profession and even your freedom in an instant. Indeed, this charge can slam the brakes on a truck driving career – even before it begins.

So, what do you do after a DWI arrest?

The Importance of Legal Representation

Contacting a DWI lawyer is vital if you want to keep your CDL or wish to work towards getting a CDL. That’s because the legal process can be likened to a long and winding path or an uphill battle.

The Texas Transportation Code doesn’t pull any punches – a single DWI conviction can disqualify you from getting a CDL for one to three years. And if you think that’s harsh, there’s also a lifetime ban for repeat offenders.

You can still work toward getting a CDL by working with a lawyer.

Indeed, legal help is essential. Even if you get the green light to obtain a CDL, an employer might refuse your application if they see a DWI on your record.

Applying for Expunction

You can wipe the slate clean if the court acquits you of DWI or dismisses your case and you apply for expunction. While expunction offers a solution, not everyone qualifies. If you’re not a candidate for expunction, you can seal your record.

A competent DWI attorney can increase your chances of an acquittal or dismissal by challenging insufficient evidence or witness statements that do not corroborate the charges.

Sealing Your Record

A woman displaying a collection of business documents on a tabletop.

You may also seal the offense on your record. Sealing only allows access to governmental entities.

Sealing is possible if you have a first DWI conviction and your blood alcohol concentration (BAC) is below 0.15 percent when you’re tested. It can’t include another party if you were in an accident. While applying for sealing, you need to maintain a clean criminal record (no additional arrests or convictions). Also, you must serve all jail time, pay all fines, and complete other requirements like drug or alcohol counseling.

Once you meet the requirements, you have a two-year waiting period before you can apply for sealing.

The ALR Administrative License Revocation Period for DWI

Let’s say the police just pulled you over, you have a CDL, and they charge you with DWI. You’ve got 15 days – just over two weeks – to request a hearing and fight for your right to drive. Miss that deadline, and 40 days later, the state suspends your CDL. This is another reason you need a legal advocate or a defense lawyer in your corner.

Your Secret Weapon: The DWI Defense Attorney

A gavel symbolizing justice with "DWI" text – focused on the driving while intoxicated issue.

You might still be wondering, “Do I need a lawyer for this?” Unfortunately, trying to understand a DWI case without a lawyer is like trying to haul a load cross-country without a map. Sure, you might eventually get there, but why take this risk?

A DWI defense attorney is like a skilled co-driver. They know the roads, the rules, and how to challenge every aspect of your case. From questioning the legality of a traffic stop to scrutinizing the accuracy of Breathalyzer tests, they leave no stone unturned.

The Road Ahead: FAQs for the CDL Seeker with a DWI

Q: Can I still get a CDL if I have a DWI on my record?

A: It’s possible but challenging. If it’s your first offense, you’ll face a 1 to 3-year disqualification period. After that, you can apply for a CDL but be prepared for extra scrutiny.

Q: What if I have multiple DWI convictions?

A: Multiple DWIs can result in a lifetime disqualification. However, after ten years, you may be eligible for reinstatement if you complete a state-approved rehabilitation program.

Q: Does it matter if my DWI wasn’t in a commercial vehicle?

A: Yes, it matters. A DWI conviction in Texas can affect your ability to keep or get a CDL in any vehicle.

Q: How long will a DWI officially stay on my criminal record?

A: In Texas, a DWI stays permanently on your record unless you can apply for an expunction or get the record sealed. This is why fighting the charge from the start is so important. A DWI lawyer can support you legally and professionally.

Q: Can I refuse to take a Breathalyzer test if I’m arrested for DWI?

A: You can, but refusing a test can result in an automatic license suspension and the authorities can use your refusal against you in court. Your lawyer will guide you in making the best decisions.

Q: What’s the difference between DWI and DUI in Texas?

A: In Texas, DUI refers to charges against minors (under 21 years old) – driving with any noticeable amount of alcohol in their system. DWI applies to adults and involves being impaired by alcohol or drugs or having a BAC of 0.08 percent or higher. The minimum term of incarceration for a DWI is 72 hours.

Q: How quickly should I contact a lawyer if I’m arrested for DW and have a CDLI?

A: Immediately. The 15-day window to request an ALR hearing starts ticking as soon as police arrest you. A lawyer can get you through this process and build your defense.

Q: Can I get my CDL if I’m currently on probation for a DWI?

A: It’s unlikely. Most probation terms prohibit driving for commercial purposes. You’ll likely need to complete your probation before being eligible for a CDL.

Q: Are there any jobs in the trucking industry I can do without a CDL while waiting out a disqualification period?

A: Yes! Consider looking into dispatcher roles, warehouse positions, or logistics coordination. These jobs can give you valuable industry experience while you work towards CDL eligibility.

Q: If I complete a DWI education program, will that help me get my CDL faster?

A: While it may not speed up the process, completing such a program can demonstrate your commitment to safe driving and may be viewed favorably when you qualify to apply for your CDL.

Start Working With a DWI Attorney Today

An attorney holds a pen while advising a client on how to approach questions about law, consultation, agreements, and contracts.

Getting a CDL with a DWI on your record in Texas is like driving a truck through a narrow mountain pass—it’s challenging and requires skill and patience, but it’s not impossible. The key is to approach the situation with a clear head, learn from past mistakes, and follow the guidance of an experienced criminal defense lawyer.

Remember, while you face a long road to redemption, but for those determined to see it through, the rewards of a career in trucking can make the journey worthwhile. Working with a DWI attorney can make things more positive. Don’t delay, call today.

A DWI defense lawyer can help you navigate the far-reaching effects of a DWI (Driving While Intoxicated) conviction can have far-reaching effects – effects that extend beyond the initial legal penalties. A DWI will remain on your record indefinitely unless specific actions are taken.

It can potentially affect various aspects of your life – from getting employment to finding a rental house or apartment. As a result, a felony DWI can lead to continual problems that won’t go away, which can hamper opportunities professionally and personally.

Speak to a DWI Lawyer to Experience More Positive Results

Again, you should seek legal counsel from a DWI lawyer to improve the outcome of a DWI arrest and conviction. They can review the factors of your case so you can experience better results. Without their help, the future can look pretty bleak.

As noted, landlords frequently screen potential tenants, which can make it challenging to find suitable housing. That’s because, as noted, a DWI conviction is accessible to the public, which can negatively impact your personal and professional relationships.

While you may have a DWI conviction, you can still expunge or seal your record—each of which is worth exploring with a DWI lawyer.

What Is Expungement and How Does It Work?

Expungement is the best solution for anyone with a DWI on their record because it effectively erases all traces of the conviction from the state records. However, it’s important to note that expungement for DWI cases is also extremely rare in the Lone Star State.

The Eligibility Requirements for Expungement

Expungement is only available if the prosecutor dismissed your case or if you were acquitted at trial. There’s typically a waiting period ranging from 2 to 5 years, depending on the circumstances surrounding the DWI.

In some special cases, expungement may be possible if you plead to a different offense or if you plead guilty as a minor and the proceedings were deferred and subject to meeting other conditions.

The benefits of expungement are substantial. Again, it results in the complete erasure of conviction records and the deletion of all arrest-related records held by a governmental entity. Even high-level government officials can’t access expunged records, providing a clean slate for anyone arrested for DWI and meeting the eligibility requirements.

Sealing Your DWI Arrest and Conviction

The image representing drunk driving with a beer bottle, car keys, and handcuffs. The scene captures the serious implications of DWI.

When expungement isn’t possible, sealing your DWI record might be a viable alternative. While not as comprehensive as expungement, record sealing can still provide significant benefits. Generally, only government entities can access sealed records.

The benefits of sealed records are noteworthy. Most background checks won’t reveal the conviction, which can be helpful for employment and housing applications. Employers and landlords typically can’t see sealed records, which can significantly improve your prospects in these areas.

However, it’s vital to understand the limitations of sealed records. The records still exist and can be accessed in specific situations. Certain entities retain the right to review sealed records if you apply for a government job or you are arrested at a later date.

Who is Eligible for Record Sealing?

Eligibility for record sealing has several requirements. It must be your first DWI conviction, and your blood alcohol concentration (BAC) must be below 0.15 at the time of testing.

If there was an accident, only the driver can be involved. You must have maintained a clean record since the conviction, with no additional arrests or convictions. All penalties, including fines and jail time, must be completed. Additionally, there’s a minimum two-year waiting period after completing all requirements.

How a DWI Lawyer Can Help

An experienced DWI attorney brings several invaluable benefits to your DWI case. First and foremost, they possess in-depth knowledge of Texas DWI laws, including the latest updates and nuances that may affect your situation. This knowledge allows them to assess your case accurately and determine the best course of action, whether pursuing expungement, record sealing, or another legal strategy.

The image representing a court scenario related to DWI (Driving While Intoxicated), with a gavel, scales, and the "DWI" text.

A skilled DWI lawyer can guide you through the intricate process of addressing your DWI record. They can help determine your eligibility for expungement or record sealing, gather the necessary documentation, and understand the court system. Their experience with similar cases enables them to anticipate potential challenges and develop strategies to overcome them.

Moreover, a DWI attorney can provide personalized advice based on the specific details of your case. They can explain how different options might impact your future and help you make informed decisions. It is especially important given the long-term implications of DWI records on various aspects of life.

In court proceedings, having a lawyer who is skilled in DWI cases can significantly improve your chances of a favorable outcome. They know how to present your case effectively, negotiate with prosecutors, if necessary, and argue persuasively on your behalf. This experience can be vital in achieving the best possible result, whether expungement, record sealing, or minimizing the impact of the DWI on your record.

Furthermore, a DWI lawyer can help you understand the often confusing administrative processes associated with DWI cases. It includes dealing with license suspension or reinstatement, completing required programs or treatments, and ensuring compliance with court orders.

The process of addressing your DWI record involves several steps. It often involves determining your eligibility for expungement of record sealing by reviewing the criteria against your specific case details. You’ll need to gather all relevant court documents and records related to your DWI case, including proof of completed sentences, paid fines, and program participation.

Again, there’s a required waiting period that must be observed, typically ranging from two to five years, depending on the circumstances.

Once you’ve met the prerequisites, you’ll need to file the appropriate petition with the court, ensuring all the required paperwork is included. You may need to attend court hearings, where your attorney can represent you and argue.

If your petition is granted, you must follow through and ensure all relevant agencies comply with the court’s order. In the case of expungement, you’ll want to verify that records are destroyed as required.

Understanding the long-term implications of a DWI record is worth considering. The career impact can be significant, with many employers conducting background checks that can disqualify you from certain positions.

Some professions require clean records for licensing or certification, and a DWI can jeopardize professional credentials. Career advancement opportunities might also be limited, as some companies have policies against promoting employees with DWI convictions.

Dealing with the Financial Repercussions of a DWI Arrest and Conviction – Another Reason to Talk to a DWI Attorney

A criminal defense lawyer can help you mitigate the substantial financial consequences that often follow a DWI conviction. Auto insurance premiums often increase significantly after a DWI, and these higher rates can persist for years. Some lenders consider criminal records in their decision-making process, which might affect your ability to secure loans or favorable interest rates.

The impact on your personal life can’t be underestimated either. Some countries may deny entry to individuals with DWI convictions, affecting personal and business travel.

The stigma associated with a DWI can strain personal relationships and may affect custody arrangements in divorce proceedings. Once more, housing difficulties can arise as many landlords conduct background checks, potentially making it harder to rent desirable properties.

Many states authorize jail time for even a first-time DWI offense, and the long-term consequences of a DWI conviction can derail your personal, educational, and even professional ambitions. Fortunately, a DWI lawyer can often mitigate the penalties you face.

But how much does an attorney who handles DWIs cost?

Less than the cost of not hiring one and bearing the full brunt of the DWI charges.

The direct costs of hiring a DWI defense lawyer can vary depending on several factors. The complexity of the case, the experience and reputation of the lawyer, and the jurisdiction where the case takes place all play a role in determining the cost.

If you face a DWI charge, consult a DWI defense attorney near you to understand the potential costs and develop a strong defense strategy.

What Does a DWI Defense Lawyer Do?

Searching online DWI Lawyer

A DWI defense lawyer focuses their legal practice on defending individuals who are charged with driving while intoxicated (DWI) offenses. They provide legal representation and guidance throughout the legal process, often from the initial arrest to the final resolution of the case. The primary goal of a DWI defense attorney is to protect their client’s rights and advocate for the most favorable outcome possible.

Here are some specific tasks that a DWI defense lawyer typically handles:

Case Analysis

A drunk driving defense attorney will thoroughly review the case, including the arrest report, field sobriety test results, and any video or audio evidence. They will assess the strengths and weaknesses of the prosecution’s case to develop an effective defense strategy.

Legal advice

A defense lawyer provides legal advice to clients, explaining the potential consequences they may face and the available defense options. They also guide clients through the legal process, ensuring they understand their rights and the potential implications of their choices.

Investigation of the Arrest and Police Conduct

Your attorney will conduct an independent investigation into the circumstances surrounding your arrest. They may interview witnesses, review surveillance footage, or consult with experts to challenge the prosecution’s evidence.

Pursuing a Plea Bargain

In some cases, a DWI defense lawyer may negotiate with the prosecution to seek a reduction in charges or penalties in a process known as plea bargaining. They will leverage their knowledge of the law and their understanding of the specific jurisdiction to secure the best possible outcome for your case.

In-Court representation

If the case goes to trial, a DWI defense lawyer will represent you in court. They will present evidence, cross-examine witnesses, and deliver persuasive arguments to defend their client’s innocence or minimize the potential consequences.

What are the Common Penalties Associated with DWI?

Dollars, keys, whiskey, police car the penalties for DWI conviction

Driving while intoxicated is a serious offense that can result in severe penalties. The specific penalties vary depending on the jurisdiction, prior convictions, and the severity of the offense. Here are some common penalties associated with DWI:

The Suspension of Your Driver’s License

A DWI conviction often results in a driver’s license suspension. The suspension can range from a few months to several years, depending on the jurisdiction and the offender’s prior record.

Substantial Fines

DWI convictions typically carry hefty fines, which can range from hundreds to thousands of dollars. The fine depends on the jurisdiction and the severity of the offense.

Probation

In some cases, a judge may sentence a DWI offender to probation instead of jail time. During the probation period, the offender must comply with certain conditions, such as attending alcohol education programs or submitting to regular drug and alcohol testing.

Ignition interlock device

Many jurisdictions require individuals convicted of DWI to install an ignition interlock device in their vehicles. This device measures the driver’s blood alcohol concentration (BAC) before allowing the vehicle to start. If the BAC exceeds a certain limit, the vehicle will not start.

Jail time

DWI offenders may face jail time, especially if their cases involve multiple offenses or injury to others. The length of the sentence depends on the specific circumstances of the case and the jurisdiction.

Increased insurance premiums

A DWI conviction can significantly impact your car insurance rates. Insurance providers may consider you a high-risk driver, resulting in higher premiums or the cancellation of your policy.

A Criminal record

A DWI conviction will go on your criminal record, which can have long-term consequences. It may affect your employment prospects, housing opportunities, and future educational pursuits.

Common DWI Defenses

When facing a DWI charge, a skilled defense lawyer can explore various defense strategies to challenge the prosecution’s case. Some common DUI defenses include the following:

Improper stop: If the police officer did not have a valid reason to initiate the traffic stop, the defense lawyer may argue that the police stopped you illegally and the court should suppress any evidence obtained afterward.

  • Inaccurate or unreliable blood alcohol test results: DWI cases often rely on blood alcohol level tests, such as breathalyzer tests or blood tests. A defense lawyer can challenge the accuracy or reliability of these tests, questioning the calibration of the equipment or the qualifications of the personnel administering the tests.
  • Violations of your constitutional rights: If law enforcement officers violated the defendant’s constitutional rights during the arrest or the evidence collection, a defense lawyer can argue that the evidence should be suppressed. This may include situations where police did not read the defendant their Miranda rights or subjected them to an unreasonable search and seizure.
  • Medical conditions or medications: Certain medical conditions, like GERD or acid reflux, can cause false positives for alcohol testing. In addition, some medications may cause symptoms that mimic alcohol intoxication without causing actual impairment. A defense lawyer can present evidence of these conditions or medications and argue that they were the cause of the alleged impairment.

It is important to note that the success of these defenses depends on the specific circumstances of each case. Consulting with an experienced DWI defense lawyer is crucial to determine which defense strategy may be most effective in your situation.

Call a DWI Defense Lawyer Today

When facing a DWI charge, the potential long-term personal, legal, and professional consequences of not seeking proper legal representation outweigh the costs of hiring a lawyer.

An experienced Houston criminal defense lawyer will advocate for your rights and work towards the best possible outcome in your case. If you find yourself facing a DWI charge, reach out to a skilled DWI defense attorney near you who can provide the guidance and assistance you need in this tough situation. Remember, the cost of a DWI defense attorney is an investment in protecting your rights and securing your future.

Navigating the Texas legal system can be an intimidating process, especially when it comes to criminal charges such as a DWI in Texas. One of the common worries people have when facing a DWI charge is the amount of bail they will need to pay.

The amount you will need to pay to make bail for a DWI in Texas can vary depending on several factors, including your prior criminal record, your blood alcohol content (BAC) at the time of your arrest, and any additional charges or aggravating circumstances involved in your case.

All of that said, the best way to obtain a favorable bail amount and defend your legal rights is to contact a DWI defense lawyer in Houston, Texas as soon as you can. Without a lawyer, it’s possible that you will face unnecessary legal and financial consequences as a result of your DWI arrest.

What is Bail?

The Bail Bonds

Bail is a financial arrangement that allows individuals charged with a crime, such as a DWI, to be released from custody while awaiting trial. The purpose of bail is to ensure that the defendant appears in court for all required hearings and does not pose a flight risk. Bail acts as a form of security or collateral, with the defendant or their loved ones paying a specified amount to secure their release. If the defendant fails to appear in court as required, the bail may be forfeited, and a warrant for their arrest may be issued.

When is Bail Set After a DWI Arrest, and How Much Will It Be?

After an individual is arrested for a DWI in Texas, bail is typically set within 24 to 48 hours. The specific amount of bail will depend on various factors, including the severity of the offense, the defendant’s prior criminal history, and any aggravating circumstances. Bail amounts can vary widely and may range from a few hundred dollars to several thousand.

You should be aware that the bail amount can be increased if the court determines that the defendant poses a flight risk or a danger to the community. In such cases, the court may impose additional conditions, such as requiring the defendant to surrender their passport or wear an electronic monitoring device.

What Happens if You Cannot Afford Bail?

Man in handcuffs holding numerous dollars

If you cannot afford the full bail amount, there are several options available to you. First, you can contact a bail bondsman. A bail bondsman is a licensed individual or agency that can post bail on your behalf for a fee, typically around 10% of the total bail amount. This fee is non-refundable, regardless of the outcome of your case. However, using a bail bondsman allows you to secure your release without having to pay the full bail amount upfront.

Another option is to request a bail reduction hearing. Your defense attorney can argue before the court to lower the bail amount based on your financial circumstances and other relevant factors. The court will consider your ability to pay, your ties to the community, and the severity of the charges when deciding whether to reduce the bail amount.

In cases where you still cannot afford bail, you may remain in custody until your trial. However, it is crucial to consult with an experienced DWI defense attorney, who can advocate for your release and explore alternative measures such as pretrial release programs.

A DWI Defense Attorney Can Represent You at a Bail Hearing

When facing a DWI charge, it is in your best interest to retain the services of a DWI defense attorney as soon as possible. A skilled attorney can represent you at the bail hearing, where they can present compelling arguments to secure a favorable bail amount. An attorney can leverage their knowledge of the law and experience in the courtroom to advocate for your release or a reduced bail amount.

Other Ways a DWI Defense Lawyer Can Benefit You

Hiring a DWI defense lawyer provides several advantages beyond representing you at a bail hearing. Here are a few ways a defense attorney can benefit you:

Evaluating Your Case and Exploring Various Defense Strategies

A DWI defense lawyer can thoroughly evaluate the details of your case, including the legality of the traffic stop, the administration of field sobriety tests, and the accuracy of chemical test results. They will assess the evidence against you and develop a strong defense strategy tailored to your unique circumstances. This comprehensive evaluation can help identify potential weaknesses in the prosecution’s case and strengthen your chances of obtaining a favorable outcome.

Negotiating a Plea Bargain

A DWI defense attorney should have extensive experience negotiating with prosecutors. They can often work to secure a plea bargain that reduces the charges or penalties associated with your DWI offense. This can result in a more lenient sentence or the dismissal of certain charges, saving you from potentially harsh consequences.

Representation in Court

If your case proceeds to trial, a DWI defense lawyer will provide expert courtroom representation. They will present persuasive arguments, cross-examine witnesses, and challenge the prosecution’s evidence, aiming to create reasonable doubt in the minds of the jury. Their courtroom experience and knowledge of DWI laws can significantly increase your chances of a favorable outcome.

Protecting Your Rights

A DWI defense attorney is committed to protecting your constitutional rights throughout the legal process. They will ensure that law enforcement officers followed proper procedures during your arrest and when they were collecting  evidence. If any rights violations occurred, your attorney can file motions to suppress evidence or dismiss your case altogether.

Immediately Contact a DWI Defense Lawyer after an Arrest

When facing a DWI charge in Texas, time is of the essence. It is crucial to contact a reputable DWI defense attorney immediately after your arrest. They will guide you through the legal process, protect your rights, and work tirelessly to achieve the best possible outcome for your case. Remember, the sooner you seek legal representation, the more time your attorney has to build a strong defense strategy.

Contact a Texas DWI Defense Attorney Today

If you or a loved one is facing a DWI charge in Texas, it is in your best interest to have a skilled DWI defense attorney in your corner. Contact a criminal defense attorney today to discuss your options.

Facing a second DWI charge can be a stressful situation with a lot at stake. The legal repercussions and potential consequences of a repeat offense are typically significantly more severe than those for a first-time offense.

However, you don’t have to lose hope. With the help of an experienced DWI defense attorney, there may be viable strategies to have the charges reduced or even dismissed. These defense strategies are usually impossible to present without the right defense representation.

Time is of the essence, so enlist a knowledgeable defense attorney immediately following an arrest for a second DWI. You cannot afford to wait.

Penalties Can be Serious for a Second DWI Conviction

Handcuffs, whiskey, and keys on top of finger prints penalties for DWI

In many jurisdictions, a second DWI conviction carries significantly harsher penalties than a first offense. These penalties can include:

  • Costly fines, often thousands of dollars
  • Mandatory alcohol education or treatment programs
  • Extended driver’s license suspension
  • Ignition interlock device installation once a driver’s license is restored,
  • Probation
  • Community service
  • Jail time, including possible mandatory jail sentences in some states

The penalties for a second DWI conviction can make it extremely challenging to go about your daily life. They can affect your finances, freedom, and life in general. There is too much on the line to risk a wrongful conviction or unnecessarily harsh penalties.

It is always worth exploring the possibility of the right DWI defense attorney having your charges reduced.

Hire a DWI Defense Lawyer for a Chance at Reduced Charges or Penalties

When facing a second DWI charge, the stakes are higher than a first-time charge, and hiring a knowledgeable DWI defense lawyer becomes even more critical. They will have the experience necessary to analyze the specific facts of your case and develop a strong defense strategy.

A DWI Defense Attorney Can Challenge the Evidence Against You

One of the key roles of a DWI defense attorney is to thoroughly investigate and challenge the evidence the prosecution has against you. They will scrutinize:

  • The police officer’s actions leading up to the arrest
  • The administration of field sobriety tests
  • Breathalyzer administration and results
  • Any other evidence presented

By questioning the legality of the arrest and the accuracy of the test results, your attorney may uncover flaws or inconsistencies that can challenge the prosecution’s case. Sometimes, these challenges are enough to result in the dismissal or reduction of charges.

Challenging Prior DWI Convictions

The harsher penalties for a second DWI directly depend on prior DWI convictions on your record. Sometimes, your defense lawyer can challenge whether your record should be used as a prior conviction for this purpose.

One important factor to consider is the look-back period in your state. Some states have look-back periods, which means that only DWI convictions within a certain time frame can be taken into account when determining your current charges. If your prior convictions fall outside of this look-back period, they may not be considered in the new charges and sentencing process.

Another aspect to examine is whether your prior charges were dismissed. If you have previous DWI charges that were dismissed, it may be possible to argue that they should not count against you in the current case. Dismissed charges do not carry the same weight as convictions and can potentially be disregarded in the eyes of the court.

Challenging prior DWI convictions is challenging and requires the experience of a skilled defense lawyer. They know the specific laws and regulations in your state and can develop a strong defense strategy tailored to your unique situation. By having a knowledgeable DWI defense attorney by your side, you increase your chances of achieving a favorable outcome and minimizing the consequences of your prior convictions on your new case.

Your Lawyer Can Negotiate for a Favorable Plea Agreement

judge's gavel and brown paper with the word plea agreement

In some cases, resolving a second DWI charge through negotiation and plea bargaining may be the most strategic approach. Your skilled DWI defense attorney can explore the possibility of negotiating a plea agreement with the prosecution. This can involve seeking a reduced charge, such as reckless driving, or negotiating for lesser penalties, such as a shorter license suspension or lower fines.

Your attorney will leverage their knowledge of the local court system, relationships with prosecutors, and understanding of the laws to negotiate on your behalf and secure a favorable plea agreement. Prosecutors generally do not offer such plea agreements directly to defendants, so having defense representation is necessary to reduce your second DWI charges in this manner.

Exploring Other Defense Options

Your defense strategy can involve more than trying to reduce your charges. Your attorney can explore different approaches to defend your second DWI charges, such as:

  • Getting evidence suppressed due to violations of your constitutional rights, such as an illegal traffic stop in violation of the 4th Amendment
  • Challenging test results and getting them thrown out due to forensic errors, such as a break in the chain of custody regarding your blood sample
  • Presenting a defense at trial, asserting you were not intoxicated when you were driving, seeking an acquittal from a jury

A lawyer can also challenge any additional aggravating factors in your case that might escalate your charges and penalties in addition to prior convictions.

Never Wait to Consult a DWI Defense Attorney After an Arrest

When facing a second DWI charge, time is of the essence. The sooner you consult a DWI defense attorney, the better chance you have of building a strong defense strategy. Delaying action can result in missed opportunities, such as gathering important evidence, locating witnesses, or identifying potential flaws in the prosecution’s case. By reaching out to a skilled defense attorney promptly, you can protect your rights from the very beginning.

Don’t face the challenges of a second DWI charge alone. Always remember there are ways to get charges reduced, dismissed, or acquitted. A conviction and the harshest penalties are not a foregone conclusion in every DWI case.

Contact an experienced Houston criminal defense lawyer in your area today to set up a consultation. Doing so protects your future.

The State of Texas takes DWI charges very seriously. DWI stands for driving while intoxicated, and a conviction can lead to various penalties, including probation, monetary fines, and jail time. These penalties can increase significantly with the number of prior DWI convictions on your record.

If you’re facing a third DWI charge, you want an experienced DWI attorney in Texas to advocate for you right away. Your lawyer can raise one or more legal defenses on your behalf and pursue a complete dismissal of your charge. If that is not possible, your lawyer can pursue a favorable plea deal from the state prosecutor handling your case.

Elements of a 3rd-time DWI Charge in Texas

In Texas, a third-time DWI charge is a serious offense with stringent legal elements that prosecutors must prove beyond a reasonable doubt to secure a conviction. These elements include:

  • Operation of a Motor Vehicle – The first element the prosecutor must establish is that the accused was operating a motor vehicle. This typically includes driving, but can also involve being in physical control of the vehicle, such as sitting behind the wheel with the keys in the ignition, even if the vehicle is stationary.
  • Intoxication – The state must prove that the accused was intoxicated while operating the vehicle. In Texas, intoxication is defined as not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination of both – or having a blood alcohol concentration (BAC) of 0.08 percent or more.
  • Prior Convictions – For a third DWI charge, the prosecution must demonstrate that the accused has been convicted of DWI at least twice before. This typically involves presenting evidence of previous convictions, which can include court records or certified copies of judgment orders.
  • Enhancement of Charges – The prosecution must also show that the current offense is being enhanced to a third-degree felony due to the previous DWI convictions. In Texas, a third DWI offense is generally treated as a third-degree felony, which carries harsher penalties compared to first or second offenses.
  • Procedural Compliance – The state must prove that law enforcement officers followed proper procedures during the arrest and investigation. This includes adherence to Miranda rights, proper administration of field sobriety tests (FSTs), and compliance with implied consent laws if chemical tests were conducted.
  • Chain of Custody for Evidence – If chemical tests were conducted to determine BAC, the prosecution must establish a chain of custody for the evidence. This ensures that the test results and blood or breath samples were handled properly from the time they were obtained until they were analyzed in a laboratory.
  • Admissibility of Evidence – Ensuring that all evidence presented in court meets the standards of admissibility is crucial. This includes witness testimony, police reports, chemical test results, and any other documentation related to the case.
  • Criminal Intent – Although not a separate element, the prosecution may also need to establish that the accused acted with criminal intent, particularly if there are allegations of aggravating factors, such as fleeing the scene of an accident or causing injury to others while intoxicated.

Potential Penalties for a 3rd DWI in Texas

PENALTY. Text, magnifying glass and white chalk on a blackboard.In Texas, a third DWI carries severe penalties that escalate significantly compared to first or second offenses. Understanding these potential consequences is crucial for anyone facing such charges:

  • Felony Classification – A third DWI offense in Texas is classified as a third-degree felony. This classification alone signifies the seriousness of the offense and leads to harsher penalties upon conviction than misdemeanor DWI charges.
  • Jail Time – The penalties for a third DWI conviction include a mandatory minimum jail sentence of 2 years, which can extend up to 10 years in prison. The actual length of imprisonment depends on various factors, such as aggravating circumstances, prior criminal history, and the judge’s discretion.
  • Fines – Conviction for a third DWI offense can result in fines of up to $10,000. These fines are in addition to any court costs, legal fees, and other expenses associated with the legal process.
  • Probation – In some cases, individuals convicted of a third DWI may be eligible for probation instead of – or in addition to – jail time. However, probation typically comes with strict conditions, such as regular check-ins with a probation officer, completion of alcohol education programs, community service, and abstaining from alcohol and drugs.
  • Ignition Interlock Device – As a condition of reinstating driving privileges, the court may require the installation of an ignition interlock device (IID) on the accused’s vehicle. This device requires the driver to pass a breathalyzer test before starting the vehicle, intended to prevent against driving under the influence.
  • Subsequent Offenses – Beyond immediate penalties, a third DWI conviction can also affect future legal proceedings. Subsequent offenses may lead to enhanced penalties, such as longer prison sentences or heavier fines, under Texas law.

Navigating the legal repercussions of a third DWI in Texas requires careful consideration and involves seeking skilled legal representation. A knowledgeable Texas criminal defense attorney can aggressively defend you against your charge and work to lessen or eliminate these consequences.

Collateral Consequences of a 3rd DWI in Texas

In Texas, a third DWI conviction can bring about significant collateral consequences that extend beyond the immediate legal penalties. These collateral consequences can affect various aspects of an individual’s life, including the following:

  • Professional Licenses – Individuals holding professional licenses, such as doctors, lawyers, nurses, or commercial truck drivers, may face disciplinary actions – or even revocation of their licenses – due to a third DWI conviction. This can jeopardize their careers and livelihoods, affecting their ability to practice or work in their chosen professions.
  • Employment – Many employers conduct background checks, especially for positions involving driving or sensitive responsibilities. A third DWI conviction can lead to termination or difficulty in obtaining new employment, particularly in roles where trustworthiness and good judgment are critical.
  • Educational Opportunities – Some educational institutions and programs may consider criminal convictions in their admissions processes. A third DWI conviction may hinder admission to certain programs or scholarship opportunities, limiting educational and career advancement.
  • Housing and Rental Applications – Landlords and property management companies often perform criminal background checks on prospective tenants. A DWI conviction, especially a third offense, may result in denial of rental applications or eviction from current housing, affecting stability and housing options.
  • Financial Consequences – Beyond fines and legal fees, a third DWI conviction can lead to increased insurance premiums for auto, health, and life insurance policies. Some insurers may even refuse coverage or impose higher rates based on the conviction.
  • Family and Relationships – Personal relationships may strain or break under the stress of a DWI conviction, particularly if it leads to financial strain, legal issues, or changes in personal behavior.
  • Social Stigma and Reputation – A DWI conviction can also carry social stigma and affect an individual’s reputation within their community or social circles. This stigma may persist long after completing any legal obligations associated with the conviction.
  • Travel Restrictions – Individuals with a DWI conviction, especially multiple offenses, may face restrictions or additional scrutiny when traveling internationally. Some countries have strict entry requirements regarding criminal history, potentially limiting travel options.

Ways to Avoid Jail Time for a 3rd DWI in Texas

Facing a third DWI offense in Texas can lead to severe consequences, including the possibility of jail time. However, there are legal strategies that can potentially avoid incarceration, such as probation and effective legal defenses.

One of the primary alternatives to jail time for a third DWI offense is probation. In Texas, probation, also known as community supervision, allows offenders to serve their sentence outside of jail under specific conditions. These conditions may include regular check-ins with a probation officer, attending alcohol education classes, community service, and abstaining from alcohol and drugs. Successful completion of probation can result in the avoidance of jail time altogether.

Another strategy is to challenge the evidence or legality of the DWI charge through legal defenses. Effective defenses can significantly affect the outcome of the case. Common defenses include:

  • Lack of Probable Cause – Police officers must have a valid reason, known as probable cause, to stop a vehicle and make a DWI arrest. If there was no valid reason for the stop, any evidence obtained thereafter, such as field sobriety test or breathalyzer results, may be deemed inadmissible.
  • Faulty Field Sobriety Tests – Field sobriety tests, such as the walk-and-turn or one-leg stand, are subjective and can be influenced by factors other than intoxication, such as physical conditions or nervousness. Challenging the accuracy or administration of these tests can weaken the prosecution’s case.
  • Inaccurate Breathalyzer Results – Breathalyzer tests must be conducted properly, calibrated regularly, and administered using trained personnel. Errors in the administration or maintenance of the breathalyzer device can lead to inaccurate results, which may be challenged in court.
  • Rising Blood Alcohol Content (BAC) – It takes time for alcohol to become absorbed into the bloodstream. If the defense can argue that the accused’s BAC was below the legal limit at the time of driving but rose above the limit by the time of testing, this can create reasonable doubt about guilt.
  • Medical Conditions – Certain medical conditions or medications can mimic the symptoms of intoxication. Providing medical evidence to support this claim may help in raising a defense.
  • Violation of Miranda Rights – If the accused was not properly informed of their Miranda rights (e.g., right to remain silent, right to an attorney), any statements they made during the arrest process may be inadmissible in court.

What Happens at a DWI Trial in Texas if You Win?

Cinematic Court of Law and Justice Trial.In Texas, a DWI trial is a legal process where the prosecution attempts to prove beyond a reasonable doubt that you operated a motor vehicle in a public place while intoxicated. However, you can raise one or more legal defenses to your charge. Here’s what typically happens during a DWI trial – and what occurs if you win:

DWI Trial Process:

  • Jury Selection – The trial begins with jury selection. Both the prosecution and defense attorneys question potential jurors to ensure that a fair and impartial jury is chosen.
  • Opening Statements – Each side presents opening statements. The prosecution outlines their case, including the evidence and witness testimony they plan to present. The defense may also make an opening statement, outlining their strategy and possible defenses.
  • Presentation of Evidence – The prosecution presents evidence, such as police reports, breathalyzer results, witness testimonies, and possibly dashcam footage. The defense has the opportunity to cross-examine witnesses and challenge the prosecution’s evidence.
  • Defense Presentation – After the prosecution rests, the defense presents its case. This may include calling witnesses, presenting evidence, and challenging the prosecution’s case through cross-examination.
  • Closing Arguments – Both sides make closing arguments summarizing their case and persuading the jury to find in their favor based on the evidence presented during the trial.
  • Jury Deliberation – The jury then deliberates in private to reach a unanimous decision on whether you are guilty or not guilty of DWI.

If You Win at Trial:

If the jury finds you not guilty of DWI, several outcomes can follow:

  • Acquittal – You are acquitted of all charges and are free to go without any further legal consequences related to the DWI charge.
  • No Conviction – Since there is no conviction, there will be no criminal record, specifically for DWI related to this incident.
  • Driving Privileges – If your driver’s license was suspended pending trial, it will be reinstated.
  • Emotional Relief – Being found not guilty can bring emotional relief and the opportunity to move forward without the stigma and consequences of another DWI conviction.

Contact an Experienced Texas DWI Defense Lawyer Today

If you are currently facing a third DWI charge in Texas, you want a skilled criminal defense lawyer advocating for you as quickly as possible. Your lawyer can determine your legal options, fight for your rights, and pursue the best possible result in your case.