If the police pull you over, field test you, and arrest you on a drug or alcohol charge, you need immediate help. Even if you believe you are innocent, law enforcement must follow a process that does not violate your constitutional rights. Field sobriety tests can be wrong. The law does not say you cannot drink and drive; it says you cannot drink to intoxication and then drive.
Circumstances are important if police charge you with driving while impaired. You may be reacting to a prescription drug or an alcoholic drink that does not register above 0.08 percent. The state has strict laws for impaired driving. If arrested, the best thing you can do is contact an experienced Frisco DWI lawyer who could work tirelessly to help you. A seasoned criminal defense lawyer is ready to protect your rights.
Texas Rules for Driving While Intoxicated (DWI)
When a law enforcement officer stops someone suspected of impaired driving, they may use a portable breath test (PBT) device to measure blood alcohol percentage. This device can be used to help the officer but it is not evidence that can be used in court. The breath test device, usually used at police stations, is more reliable, but both can give incorrect readings.
These devices measure the amount of alcohol vapor in a person’s breath to determine blood alcohol concentration (BAC) percentages. In Texas, drivers with high enough BACs face several unique penalties. The BAC percentage limits are:
- Motorists 21 and older operating a passenger vehicle: 0.08% or higher are per se intoxicated under Texas law.
- The same motorist driving a commercial vehicle or a for-hire passenger vehicle: 0.04% or higher face punishment.
- Drivers younger than 21: any detectable amount of alcohol can face DWI or DUI penalties.
An officer can arrest drivers who act impaired, no matter what the BAC registers. Consuming excessive amounts of legal drugs containing alcohol, such as cough syrup can also be considered DWI in Texas.
Some drivers think they can decline a breathalyzer test, and no proof will exist, but an officer may then secure a blood specimen either with consent or by getting a search warrant. Those who refuse a breathalyzer or blood test will have their licenses suspended for 180 days. A second refusal leads to a two-year suspension.
It is imperative to contact a DWI lawyer in Frisco for help navigating this complicated system. Our legal team has combined experience of 100 years defending the rights and freedom of those accused of drug and alcohol crimes.
Penalties for DWI
Consequences for DWI include jail time, fines, license suspension, and possibly rehabilitation programs or education classes for drugs and alcohol. Judges have some discretion in these cases.
A first-time offender could face a $2,000 fine, up to one-year suspension of a driver’s license, and between 72 hours and 180 days in jail.
The state considers those with a second DWI as repeat offenders who must pay a fine of up to $4,000, lose their licenses for up to two years, and spend one month to one year in jail. A court may also require the installation of an Ignition Interlock Device (IID) that prevents a car from starting if it detects alcohol. An attorney in Frisco understands DWI penalties and how to reduce an individual’s charges.
The Benefit of Experienced DWI Legal Representation
A DWI conviction, depending on a driver’s age, type of license, previous infractions, and if property damage or death occurs, can be a misdemeanor or felony. Those charged need the best representation possible, a lawyer who is a skilled negotiator and always ready to take a case to trial.
A law firm’s size matters because the larger the firm, the more resources are available to investigate, hire expert witnesses, and spend the time needed to map a great strategy. An accused motorist does not need an inexperienced lawyer practicing on them, missing opportunities, or learning the business through their case. Our firm was once small, but now we provide individuals with the experience and resources needed to secure a favorable result. Our team is dedicated to caring about and serving our neighbors’ needs.
A Frisco DWI Attorney Could Advocate for a Case
If you become involved in the criminal justice system because a police officer suspects you are driving while intoxicated by drugs or alcohol, your first call should be to a legal representative who understands the system and knows what to do to get you the best outcome possible.
You could face fines, jail time, license suspension, and scrutiny from your family and friends. We understand an arrest’s emotional toll and offer compassionate, aggressive, experienced help to get this ordeal behind you. Contact a Frisco DWI lawyer to discuss your options today.