Hempstead DWI Lawyer

Hempstead DWI Attorneys

Driving while intoxicated (DWI) is extremely dangerous and can result in significant penalties if you are pulled over and arrested for it. A DWI conviction on your record can affect your future in a number of substantial ways. It can impact your employment opportunities, your professional relationships, your education, and even your relationship with your family. It is vital that you take the proper steps to protect yourself by speaking with a Hempstead DWI lawyer today.

A DWI in Texas can cost you much more than just a fine. It can damage your reputation irreparably and cause you to lose your driver’s license, possibly for good. Under Texas state law, if you are found to have a blood alcohol content (BAC) of 0.08% or higher, you are legally intoxicated and could be arrested for a DWI. If you’re a minor under 21 years old, you can be arrested for having any drugs or alcohol in your system while driving, regardless of your BAC.

Possible Defenses Against a DWI

When you retain the services of an experienced DWI lawyer, they will sit you down and discuss your case. Together, you may try to develop a potential criminal defense against the charges you are facing. There are possible defenses against a DWI that you can try to argue before the court. They are all viable in certain situations. Here are some of the possible ways you can try and defend yourself against a DWI charge:

• Constitutional Violation: When the police pull you over and arrest you for a DWI, it is important that they follow proper police procedures. Failure to do so is a violation of your constitutional rights. An illegal search and seizure or a failure to read you your Miranda rights can result in the charges against you being thrown out as they were not gathered constitutionally.
• Lack of Probable Cause: Texas statutes proclaim that a police officer needs probable cause that a crime has been committed before they are legally allowed to enter someone’s home or vehicle without a warrant. If a police officer stops you without cause, such as erratic driving on your part, whatever they find upon that stop may be irrelevant.
• Faulty Breathalyzer Test: Many different things can lead to the inaccuracy of a breathalyzer test. Certain health conditions, medications, mouthwash, or even a substantial burp can throw off a breathalyzer and result in an incorrect reading. The machines need to be calibrated correctly, and the person administering the test must be properly trained and licensed.
• Faulty Field Test: A field sobriety test may be issued during a traffic stop. It involves a series of tests to determine if the driver is intoxicated, such as a walk-and-turn or a one-leg stand. These are not 100% reliable either. Your physical condition can impact the test’s results. If you are tired or unwell, it can throw off the test. The environment around you can throw off the test, too, such as a hill or a rainy night.
• Duress: Your lawyer may opt to make the claim that you were indeed operating the vehicle under the influence, but you only did so due to threats made against your life or your family’s life. You were driving the vehicle under duress because you had no other option.

Hempstead DWI Attorney FAQs

Q: How Much Does a DUI Lawyer Cost in Texas?

A: There’s no telling how much a DUI lawyer costs in Texas. Every DWI case is different, with its own set of circumstances and specifics that are unique to each individual case. Also, every DWI lawyer is different, and they will suggest a fee that they feel represents everything they have to offer to their clients. Each lawyer’s fee will be different, sometimes slightly and sometimes drastically. It depends on many different factors, including the lawyer’s availability and experience.

Q: Do I Need a Lawyer for a DWI in Texas?

A: Technically, no, you do not need a lawyer for a DWI in Texas. You are perfectly able to represent yourself in court and try to handle everything on your own. However, it is highly recommended that you do not do that. DWI law can be complex and difficult to navigate without the proper training and education. Having someone on your side who understands the ins and outs of the law can only be beneficial to your case.

Q: How Do I Get a DWI Dismissed in Texas?

A: It is possible to have a DWI dismissed in Texas, but it is not an easy process. If the law enforcement officers who arrested you made a mistake in their procedures, it could result in the charges against you being dismissed. Gathering evidence incorrectly, administering a faulty breathalyzer test, misreading a blood sample, or pulling you over without probable cause could all potentially result in your case being dismissed. Your lawyer can help you weigh your options.

Q: How Do I Win a DWI Case in Texas?

A: It can be quite difficult to win a DWI case in Texas. Hiring an experienced DWI lawyer with a significant track record of victories can be a great place to start. In order to win your DWI case, you will need to challenge the state’s evidence against you and gather evidence that supports your side of events. You will want to have a substantial understanding of Texas’s chain of evidence laws and evidence admissibility. The more you know about your case, the better your chances of victory.

Contact an Experienced DWI Lawyer Today

Facing a DWI charge can be a terrifying ordeal. If convicted, you could be facing hefty fines, jail time, and a suspension of your driver’s license, among other penalties. On the other hand, you may be feeling like this is something you could easily handle alone. That may not be the case. You should consult with an experienced DWI lawyer and learn what your options are for a defense.

The legal team at The Law Office of Joseph Ruiz, PLLC, understands the kind of help you need and is prepared to offer you that help. We can build your case together, gather the necessary evidence, and defend your position in court when the time comes. Contact us to schedule a consultation as soon as you can.