College Station DWI Lawyer

College Station DWI Attorneys

There are many different ways that a driving while intoxicated (DWI) charge can impact your future. It can put a mark on your record that might never go away. It can affect your social standing, professional and personal relationships, education and cause you to lose your driver’s license. Driving while intoxicated is dangerous and can cause you to face significant penalties. If you are facing a DWI charge, you should speak with a College Station DWI lawyer.

A DWI conviction can cost you so much in the long run, not just financially but socially. The stigma of a DWI conviction can cause you to lose countless opportunities and affect your ability to drive for as long as the court deems necessary. Under Texas state law, anyone who is found to be driving a vehicle with a blood alcohol content of 0.08% or higher is considered to be legally intoxicated.

If you are a minor in College Station, and you are found to have any amount of drugs or alcohol in your system, you could be found to be in violation of the state’s Zero Tolerance Law.

Potential Defenses Against a DWI Charge

If you retain the services of an experienced criminal defense lawyer, they may be able to offer you a number of possible defenses that you can try and apply to your case. It is entirely possible that you may have started to give up as soon as you were arrested. You may feel like you have no options. That’s simply not true. Here are some of the potential defenses you and your lawyer may try and develop for your case:

• Faulty Breathalyzer: When you are pulled over for a suspected DWI, one of several tests you may receive is a breathalyzer, which reads your BAC and provides a readout. This test is not infallible and can be thrown off by any number of factors, including your medical conditions, your medications, or a well-timed burp. The machine must be calibrated properly to work effectively, and the officer should be licensed and trained.
• Faulty Field Test: One of the other tests you may receive is a field sobriety test, which is a series of walking and balance tests that an officer may use to determine your state of intoxication. These tests are not infallible either. If you are sick at the time or even just tired, it can cause your balance to waver, which can make you appear drunk. The same can happen if the test is done in a physically uneven area, like atop a hill.
• Constitutional Violations: When law enforcement officers fail to follow the proper procedures, it can result in violations of your constitutional rights. The Constitution protects all citizens from unlawful search and seizure. Additionally, if the officer who arrests you fails to inform you of your Miranda rights, it may result in the charges against you being thrown out as they were gathered unconstitutionally.
• Lack of Probable Cause: Under Texas state law, law enforcement officers must have probable cause that a crime has been committed or is on the verge of being committed before they can enter a citizen’s home or vehicle without a warrant. The same goes for a traffic stop. In order to pull you over lawfully, the police must have some sign that you may be intoxicated, such as erratic driving. Otherwise, it might not be lawful.

FAQs for DWI Lawyers

Q: Is DWI Worse Than DUI in Texas?

A: A DWI is considerably worse than a DUI in Texas, as the penalties are potentially harsher. In Texas, DUI stands for “driving under the influence” and largely only applies to minors under 21 years of age. The penalties for a DUI may be less harsh since the perpetrators are minors. They may see a license suspension, a small fine, or community service. A DWI, however, is a more serious crime and carries penalties of larger fines and jail time.

Q: What Are the Odds of Getting a DWI Dismissed in Texas?

A: The odds of getting a DWI dismissed in Texas are not great. Texas takes DWI crimes very seriously, and unless you are able to prove an egregious mistake or improper police procedure, it is highly likely that your charges will not be dismissed. However, if you retain the services of an experienced lawyer, they may be able to help you get your charges reduced. You should never stop fighting for yourself if there’s even a small chance.

Q: What Is the Second Chance Law in Texas for DWI?

A: Texas’s Second Chance Law provides a way for first-time DWI offenders to get their criminal record sealed, thus providing them with a second chance after making a mistake. This opportunity is only afforded to first-time offenders with minor criminal offenses. Even then, there is no guarantee. First-time offenders will have their record removed from public view so their DWI doesn’t affect their future, such as job opportunities and housing situations.

Q: What Happens in the First Court Date for DWI in Texas?

A: Your first court date for a DWI in Texas will be an arraignment. At this hearing, a judge will read the charges against you, and your lawyer will enter your plea on your behalf. Your plea will either be guilty or not guilty. Depending on what you plead, your next court date will be set. It is recommended that you not plead guilty without at least consulting with a DWI attorney first. Once you plead guilty, any opportunity to fight your charges disappears.

Reach Out to an Experienced DWI Lawyer Today

Facing DWI charges can be an overwhelming experience, but it is important never to lose hope when you can still fight. An experienced DWI attorney may be able to help you reduce your charges or even get them dismissed. It is important that you take the proper steps to protect yourself.

The legal team at The Law Office of Joseph Ruiz, PLLC, can provide you with sound legal counsel throughout this entire process. We can help you develop your case, work on your defense, and represent your interests in court when the time comes. Contact us to schedule a consultation with a valued team member as soon as you can.