Understanding DWI Charges in Texas
In Texas, you can be charged with DWI if you are operating a motor vehicle and it is determined that you are intoxicated while doing so. DWI is not only limited to alcohol intoxication but also includes other intoxicants such as drugs, including prescription medications or other controlled substances.
Under Texas law, you are considered intoxicated if:
- You have a blood alcohol concentration (BAC) of 0.08% or higher.
- You lack the normal use of mental or physical abilities due to alcohol, drugs, or a combination of both.
Even if your BAC is below 0.08%, you can still be charged with DWI if an officer believes your driving is impaired.
DWI Penalties
The penalties for driving while intoxicated will vary depending on if this is your first, second, or subsequent offense:
- First DW Offense: Up to $2,000 fine, 3 to 180 days in jail, license suspension up to 1 year.
- Second DWI Offense: Up to $4,000 fine, 1 month to 1 year in jail, license suspension up to 2 years.
- Third DWI Offense: Up to $10,000 fine, 2 to 10 years in prison, license suspension up to 2 years.
Additional aggravated DWI penalties may apply if there was a child in the car, if an accident occurred, or if someone was injured.
Challenging Field Sobriety Tests in Texas
If a police officer pulls you over, you could be required to take a field sobriety test. These tests are voluntary, but if you refuse to take them, the police officer could arrest you.
There are three common field sobriety tests that police officers use, including:
- Horizontal Gaze Nystagmus (HGN). This test measures the involuntary jerking of your eye when following an object. An officer will hold a pen or small flashlight and follow your eye while you are looking at the object.
- The Walk and Turn (WAT). This test requires you to take nine steps, turn, and take nine steps back. An officer will look for eight clues to determine if you are intoxicated, such as if you take more than nine steps, sway, or if you use your arms for balance.
- The One Leg Stand (OLS). This test requires you to stand on one leg for 30 seconds. An officer will look for four clues to determine if you are intoxicated, such as if you sway or if you hop while trying to maintain your balance.
If the officer feels you exhibited enough clues on these tests to say you are intoxicated, the officer can arrest you and take you to the police station for a chemical test.
You could be charged with DWI even if you think you did well on the field sobriety tests. The same is true if your performance was affected by factors outside of your control. Several factors can affect your performance on field sobriety tests, potentially leading to inaccurate results. Medical conditions like inner ear problems, leg injuries, or neurological disorders can impair your balance and coordination. Environmental conditions such as uneven surfaces, poor lighting, or adverse weather can also influence your ability to perform the tests correctly. Additionally, officer errors—including improper instructions or administration—can compromise the validity of the test results.
Our Georgetown DWI attorneys understand how to question test conditions, present evidence of health conditions, or uncover officer conduct that adversely affects tests.
Understanding DWI in Georgetown, TX
Facing a DWI charge in Georgetown can be overwhelming, especially with the potential repercussions on your life, job, and family. Local resources, such as the Williamson County Government and the City of Georgetown, provide information on legal processes and community support that can help you navigate this challenging time. Understanding the local laws and regulations is crucial, as they can differ significantly from other areas in Texas.
Residents of Georgetown often express concerns about the impact of a DWI on their daily lives, including the loss of driving privileges and the stigma associated with a conviction. Our team is well-acquainted with these pain points and is dedicated to helping you understand your options. We know that a DWI can lead to anxiety about future employment opportunities and personal relationships. Our attorneys can guide you through the legal maze, keeping you informed and empowered every step of the way.
With our knowledge of the local court system and the challenges faced by Georgetown residents, we can craft a defense strategy tailored to your unique situation. We are committed to fighting for your rights and helping you pursue a favorable outcome.
Contact Our DWI Defense Lawyers in Georgetown
A DWI conviction can have long-lasting effects on your life, including a permanent criminal record, financial burdens from fines and increased insurance rates, license suspension, and probation requirements. These consequences underscore the importance of having a knowledgeable attorney by your side. At Winters & Chidester, we understand the serious nature of DWI charges. Our dedicated team conducts a thorough investigation of all aspects of your arrest, including the legality of the traffic stop and the accuracy of tests administered. Leveraging our experience as former prosecutors, we develop defense strategies tailored to your situation, aiming to reduce or dismiss the charges.
We are committed to providing comprehensive legal support and keeping you informed at every stage of the legal process.
Schedule your initial consultation online or by calling us at (512) 961-4555 today.
A Proven History Of Success
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No Charges Filed Aggravated Assault with a Deadly Weapon
We represented a woman under investigation for aggravated assault with a deadly weapon and assault family violence. By demonstrating she was actually the victim and providing key evidence to authorities, we prevented any charges from being filed against her.
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Case Dismissed Aggravated Assault with a Deadly Weapon
Our client was charged with aggravated assault with a deadly weapon family violence. We were able to get the case reduced to a misdemeanor and ultimately dismissed.
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Case Rejected Aggravated Sexual Assault of a Child
We represented a client charged with aggravated sexual assault of a child. By acting early, reviewing the evidence thoroughly, and providing key information to the prosecutor, we built a strong defense that led to the case being no-billed and rejected.
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Case dismissed Assault Causes Bodily Injury of a Family Member
We represented a young man charged with assault causing bodily injury to a family member. After conducting our own investigation into the alleged victim, we met with the prosecutor, and the county attorney declined to prosecute the case.
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Case Dismissed Assault causing bodily injury
We represented a woman accused of assault causing bodily injury with family violence. Through our experience as former prosecutors, we were able to point out certain evidence that showed our client was the true victim, which resulted in her case being dismissed in the interest of justice.