Dayton DWI Lawyer

Dayton DWI Attorneys

A charge of driving while intoxicated (DWI) can be remarkably dangerous. More so, it can carry significant penalties that could impact your future in ways you may not even realize until it is too late. A DWI conviction can affect your employment prospects, your education future, and your personal relationships and put a criminal charge on your record. It’s a very serious situation, and it is vital that you take the necessary steps to handle it by hiring a Dayton DWI lawyer today.

The penalties of a DWI charge can cost you more than jail time or a fine. You could lose your driver’s license, possibly for good, and you could have a mark on your record that could cause you to lose multiple opportunities. Texas state law proclaims that anyone who is found to have a blood alcohol content (BAC) of 0.08% or above is legally intoxicated. For a minor, it doesn’t matter how much alcohol is in your system. Any amount is in violation of the Zero Tolerance Law.

What Defenses Can You Take Against a DWI Charge?

An experienced DWI lawyer in Dayton, TX has been down similar roads with other clients. They know the most effective ways to argue your case before the court. You may feel like your options run out as soon as you are pulled over for driving while intoxicated. That’s not necessarily the case. You do have options, and some of those options might lead to a dismissal of your charges. Here are some of the possible defenses you can try and develop for your case:

• No Probable Cause: Texas state law declares that law enforcement officers must have probable cause that a crime is being committed or is about to be committed before they can search a citizen’s home or vehicle without a warrant. If a police officer pulls your vehicle over because of a hunch but without any evidence that you might be intoxicated, any evidence they might find upon that stop could be rendered inadmissible.
• Further Constitutional Violations: It is vital that the police follow the proper procedures when doing a traffic stop. Failure to follow that procedure can result in a violation of your constitutional rights. You are protected from unlawful search and seizure. Furthermore, if the police fail to inform you of your Miranda rights, it can result in the charges against you being thrown out as they were gathered unconstitutionally.
• Bad Breathalyzer Test: Breathalyzer tests are not infallible. In fact, multiple factors can lead to an incorrect reading, such as user error, health conditions, medications, or even a rough burp. All of these things can throw a breathalyzer test off and lead to a bad reading. While the machine has to be properly calibrated, the officer using the device must also be trained and licensed.
• Bad Field Test: There is a likely chance that a field sobriety test will be administered during a traffic stop with a suspected drunk driver. However, these field tests are not perfect either. They can be thrown off by a number of factors, including your physical condition. If you are medically unwell or even just tired, it can impact the results of the test. If the test is done in a physically uneven area, it can impact the test, too.
• Under Duress: It is possible to defend yourself by proclaiming that you were, in fact, intoxicated while driving. However, you only did so because you had no other choice. Threats were made against you or your family, and you had to drive under duress because you were scared.

FAQs for Dayton DUI Lawyers

Q: Is Jail Time Mandatory for a First DWI in Texas?

A: Jail time is not mandatory for a first-offense DWI in Texas, though there is a decent chance a judge will impose that sentence on you. A first-offense DWI carries a number of potential penalties, including a fine up to $2,000, a license suspension for up to two years, various education programs, an ignition interlock device in certain situations, and a jail sentence between three days and 180 days. It depends on the case at hand and any aggravating circumstances.

Q: Can You Get a DWI Off Your Record in Texas?

A: You cannot get a DWI conviction expunged in Texas. However, it may be possible to have a DWI charge sealed from public view. In order to do that, you must wait for the eligibility period, which will depend on whether your charge was a felony or misdemeanor, as well as your prior convictions. Then, you can file a petition, notify the district attorney, and attend a hearing. If the court grants your petition, they will order your DWI sealed.

Q: Can a DWI Be Reduced in Texas?

A: Yes, it is possible to get a DWI reduced in Texas. In order to do this, your lawyer will have to negotiate with the opposing counsel to work out a deal for a lesser charge. They can also petition the court to have the charges against you reduced. Whether or not you can get your charges reduced will depend on the details of those charges. If there are aggravating circumstances or this is not your first offense, it may hurt your chances.

Q: Can You Drive After a DWI in Texas?

A: Yes, you can drive after a DWI in Texas. Once you are arrested for a DWI in Texas, they will likely take your driver’s license. You may then be given a “notice of suspension” form that you can use in place of your license for the next 40 days. Unless you request a hearing within 15 days of your arrest, your license will be suspended at the end of that 40 days.

Reach Out to a DWI Lawyer Today

The legal team at The Law Office of Joseph Ruiz, PLLC, can help you fight the DWI charges against you. We can help you develop your defense, gather any evidence that supports your case, and represent your interests in court when the time comes. Reach out to schedule a consultation with a valued team member and learn more about how we can help.