DWI/DUI Defense Attorney Servicing Midland and Odessa

DUI/DWI Defense Lawyer

Driving while intoxicated by alcohol or drugs often leads to accidents that result in injuries and death. For this reason, DWI laws are strictly enforced in Texas. These are serious driving offenses that affect people from all walks of life: doctors and teachers, nurses and janitors, executives and oilfield workers.

A DWI conviction can have long lasting consequences on your freedoms and livelihood. At Navarrete and Schwartz, P.C. we have extensive experience representing individuals facing DWI charges in West Texas.

DUI Laws and DWI Laws in Texas

Under Texas Penal Code §49.04, an individual who is intoxicated while operating a motor vehicle in a public place can be charged with DWI. The law defines intoxicated either as not having normal use of your mental and physical faculties or having a blood alcohol concentration of (BAC).08 percent or more. It is important to note that drivers under the age of 21 are prohibited from driving with any detectable amount of alcohol in their system, while the BAC limit for commercial drivers is .04 percent.

While the facts of each case differ, an investigation typically begins when law enforcement officers collect evidence of intoxication or impairment. All individuals who operate a motor vehicle are subject to the implied consent rule. This means that you agree to be chemically tested - by a breathalyzer or blood analysis, if you are suspected of driving under the influence of drugs or alcohol.

By refusing to undergo such testing, you may lose your license. In Texas, you have 15 days from the date of your arrest to request a license suspension hearing. If not, your license will be automatically suspended on the 40th day following the date of your arrest. It is crucial to contact our experienced DWI attorneys as soon as possible. We will send a request to contest the suspension, obtain certified copies of the evidence, and present your case before a hearings judge. If the court suspends your license, we will advise you of your driving options.

Even if a test reveals that your BAC does not exceed the legal limit, you can still be arrested for probable cause based on observations by police about your appearance or behavior, if the odor of alcohol is detected or there is an open container in the vehicle, or by failing field sobriety tests.

DWI Penalties

The penalties for DWI in Texas can be harsh and depend on a variety of factors, including your BAC at the time of your arrest and whether you have prior convictions.

A conviction for a first time DWI is a Class B Misdemeanor which can result in a prison sentence of up to 180 days in county jail and/or a fine not to exceed $2,000. A second DWI is a Class A misdemeanor with a range of punishment of up to one year in county jail and/or a fine not to exceed $4,000. A third conviction for DWI is a third degree felony which can lead to two-ten years in state prison and a fine up to $10,000. If an analysis of an individual's blood or breath reveals a BAC of .15 or more, even a first time DWI is raised to a Class A misdemeanor.

For each offense, your license may also be suspended for up to two years and you may be required to pay an annual surcharge of $2,000 for three years to keep your license. Depending on the circumstances, you may also be required to install an ignition interlock device on your vehicle and complete a DWI intervention or education program.

Other DUI and DWI Offenses

An individual who commits DWI with a passenger in the vehicle under 15 years of age can be charged with a state jail felony and face a prison sentence of 180 days to 2 years and a fine not to exceed $10,000.

The most serious charges arise when drunk driving results in injuries or death. An individual who operates a vehicle while intoxicated and causes serious bodily harm to another person will be charged with intoxication assault, a third degree felony. A conviction can lead to two-ten years in state prison and a fine up to $10,000.  

Lastly, a person who kills another while driving drunk can be charged with intoxication manslaughter in Texas. A conviction can lead to a prison sentence of two-twenty years, a fine up to $10,000 as well as community service of at least 240 days.  

Contact A DWI/DUI Defense Attorney

If you have been arrested for drunk driving and the police have obtained a breath or blood sample, this does not necessarily mean you will be convicted. The experienced DWI attorneys at Navarrete and Schwartz can help you fight the charges. It is vital to quickly gather evidence to determine if there is a viable defense. We will obtain and review police reports, affidavits of probable cause, medical records and related reports and videos. We are prepared to win an acquittal, but will help you decide if a plea bargain is a better course of action. If you are facing DWI charges, call our office today (432) 279-1479 for a consultation.

Located in Midland, Texas the law firm of Navarrete and Schwartz, P.C. serves clients in Odessa as well as Ector, Andrews, Martin, Howard, Winkler and Crane Counties.