Drunk driving may seem like a minor offense. However, a Driving While Intoxicated (DWI) conviction can have serious consequences. A first DWI conviction in Fort Worth can lead to serious and costly consequences. People convicted of DWI for the first time in Texas can expect to have their driver’s license suspended.
They can also expect significant fines, court costs and jail time. However, drivers can fight these DWI charges or enroll in a rehabilitation program to reduce the severity of the sentence, depending on the circumstances surrounding the DWI arrest. With the help of a DWI Defense Lawyer drivers can protect their legal rights and make sure they know what options are available to them.
Individuals facing DWI charges in Tarrant County and the Fort Worth area should seek legal representation from an experienced fort worth DWI lawyer.
At Cole Paschall Law, our skilled attorneys are always available to discuss a course of action. Contact our criminal defense attorney today for a free consultation!
What is DWI? Hear From a Fort Worth DWI Lawyer
In Tarrant County, there were 46 DWI fatalities in 2020. In the following year, over 2,000 Drunk driving fatalities were reported in Texas.
An accident doesn’t need to happen to affect your life. If the police charge you with a Fort Worth DWI, you could find yourself taking on the justice system. You will need an experienced Fort Worth DWI Lawyer who knows the judges and programs within your county.
Sometimes, the consequences for DWI’s can be harsh. To avoid receiving the worst penalties, you should work with a Fort Worth DWI Lawyer. Cole Paschall Law knows the difficulties that come with defending DWI’s. Our firm can take on your case and fight for a positive outcome.
What is a DWI in Fort Worth?
Driving While Intoxicated (DWI) is a common abbreviation. It’s a violation of state laws committed by someone who operates a motor vehicle while intoxicated.
DWI Convictions
Proof of complete intoxication is not necessary for DWI convictions, though. The blood alcohol content at which someone is deemed to be under the influence of alcohol is determined by state law. When a driver has a blood alcohol content of 0.08 percent or higher, they are deemed to be practicing impaired driving and are breaking the law if they operate a motor vehicle.
When someone is caught driving while intoxicated for the first time in Texas, the violation is classified as a Class B misdemeanor.
The penalties are a term of up to 180 days in jail, and the fact that Chapter 49 of the Texas Penal Code never uses the word “driving” suggests that offenders need not have been doing so in order to be punished.
What is the Difference Between DUI and DWI?
DUI
DUI stands for either driving while inebriated or while impaired by drugs or alcohol. The medications could be legal, illegal, or over-the-counter.
DWI
DWI stands for driving while intoxicated, impaired, or inebriated. Each state has its own definitions of these phrases and different penalties for violators.
What Are the DWI Laws in Texas?
According to the laws in Texas, driving while intoxicated is a serious offense. Anyone who operates a motor vehicle with a blood alcohol concentration of .08% or higher could end up facing charges for a DWI. Having a good Fort Worth DWI Attorneys is important.
The term “DWI” isn’t only for those who are drunk. It also applies to those who are intoxicated by any substance. If you do not have your normal mental or physical abilities due to a substance, you might be intoxicated.
You could receive a DWI for driving any motor vehicle. This includes a boat. Lately, Texas police have been cracking down on boating under the influence.
Underage DWI
If you are under the age of 21 and caught with alcohol in your system, you could be charged with a DUI or DWI. The state has no tolerance for underage drinking and driving.
DWI Without Driving
You could receive a DWI without driving your vehicle. Because the law defines a DWI as operating a vehicle, you don’t need to drive the vehicle to be charged with a crime. Operating can refer to doing something that makes your vehicle usable. For instance, putting your keys in the ignition could be considered operating it.
Standardized Field Sobriety Tests
If a police officer believes you may be guilty of driving while intoxicated, they have three standard field sobriety tests from which they can choose. Depending on the outcome of your test, you could be arrested.
Horizontal Gaze Nystagmus
Although this test has a complicated name, it’s a very simple test. The officer looks into your eyes and asks you to follow a moving object. Typically, they use a pen or flashlight. They ask you to follow it horizontally. If your eyes can’t follow it or move in a jerky manner, they could believe you are drunk
This method isn’t always accurate. Despite having an accuracy of over 80%, the method can fail. It is important to have a good DWI Defense Lawyer.
Walk-and-turn
With this method, the police officer asks you to take nine steps, turn, and walk back. You must walk on a straight line and follow a heel to toe pattern.
This method tests your ability to count, follow directions, and maintain your balance. However, it is slightly less accurate than the horizontal gaze test.
One-leg Stand
If you can’t keep your balance, you could be drunk. This test relies on that belief. A police officer asks you to stand on one foot. Then, they ask you to keep the other foot about six inches away from the floor. You need to count for about thirty seconds when you are allowed to put your foot back down.
The officer looks for swaying, jumping, and other actions to determine if the suspect is drunk. It’s more effective than the walk-and-turn but slightly less effective than the horizontal gaze test.
In some situations, an officer might opt to perform multiple field sobriety tests. This makes the results more accurate.
Refusal of the Test
You can choose to refuse a field sobriety test. However, there could be some consequences. For example, the police officer could use your refusal as a probable cause. They might arrest you. Later on in court, a jury could consider your refusal to test as a sign of guilt. If you have questions about a test refusal and how it can affect your case, you should speak with a DWI Lawyer in Fort Worth.
Blood Test or Breath Test?
In addition to a field sobriety test, a police officer could ask you to take a blood test or a breathalyzer. The tests are designed to check your level of intoxication.
The blood test is more invasive than the breathalyzer. The police officer takes you away from the scene, and someone performs a blood draw. The results show how much alcohol or drugs that you have in your system .
However, a breathalyzer can occur immediately. Many officers are equipped with field breathalyzers. Once you breathe into the equipment, it tells the officer your blood alcohol content.
Much like the field sobriety tests, these tests can be refused. However, there are harsher penalties for refusing a blood or breath test. In Texas, you could have an automatic license suspension that lasts for between 180 days and two years. At Cole Paschall Law, we can obtain an occupational license for ANY period of license suspension for our clients. This will allow you to drive legally to and from work or any household errands.
DWI Questioning
Before the police arrest you, it’s likely that they will want to ask you a few questions. They may also attempt to ask you questions after your arrest.
However, you may not want to answer those questions. It’s extremely important to know your rights and to avoid making your situation worse.
First, you should realize that your officer only needs to read you your Miranda warnings if you are in custody. Therefore, an officer can pull you over for a traffic violation and ask you questions without reading you your rights.
Once they restrict your freedom, the officer should read you the rights and explain that you have the right to an attorney. If the officer fails to do so, this could help your case.
Secondly, you should know that you don’t have to answer their questions. In fact, you should avoid doing so. If you give the wrong answer, the police could use it against you in court. Before answering any questions, you should ask to speak with an experienced DWI Lawyer in Fort Worth. They can keep you from saying something incriminating or hurting your case.
Driver’s License Revocation and Occupational Licenses
If you are convicted of a DWI in Texas, you could lose your license. But there are ways around the law. If you meet the criteria, you could receive an essential needs license. This type of license allows you to drive despite your license suspension or revocation.
You cannot receive an occupational license if your license was revoked for medical reasons. Additionally, the court won’t grant you one if you are late on your child support payments.
The license allows you to use your vehicle for work, school, or household requirements. However, you must apply for the license before you can start driving again. At Cole Paschall Law we will send your petition to the court. The court will verify that the SR-22 is in place and that the defendant has an active license suspension. The judge will then sign the occupational license order. Then, you can use the order and supporting documentation to receive your occupational license from the state and drive legally until the suspension is lifted.
Classification of DWI Offenses in Texas
If you are a first-time offender and are facing DWI charges in Texas, you probably will only face a fine of $2,000 and between three and 180 days in jail. You also may have a license suspension of one year and other fees. Most DWIs are misdemeanor crimes.
However, the penalties increase as you get more DWI convictions. They also become harsher as you have aggravating circumstances. For instance, a DWI with a child passenger is taken very seriously. You could also face charges for child endangerment. The level of your BAC also impacts your consequences.
Third-degree Felony
Some DWIs could be considered third-degree felonies. Typically, this occurs when a drunk driver causes a traffic accident that involves serious bodily harm to another party or the driver has two prior DWI convictions.
The injuries must leave the victims with permanent disfigurement or the inability of a body part to work. With this type of felony, you could receive as many as ten years in prison. You could also receive a fine of $10,000.
Second-degree Felony
Your DWI could be a second-degree felony. This could be the case if there is a deadly collision caused by your drinking and driving. You would be charged with intoxication manslaughter, which is a second-degree felony. As such, it comes with as many as 20 years in prison and a fine of $10,000.
