If you have been arrested for DWI in West Texas, you need a skilled DWI attorney. Navarrete & Schwartz. P.C. in Midland is the place to find one. With 15 years of experience and a well-deserved reputation for successful outcomes, our legal team has the skills and determination to protect your rights.
DWI vs. DUI in Texas
Although other states use the terms DWI and DUI interchangeably, they have distinct applications in Texas. DWI is the more serious Class B misdemeanor charge, referring to impairment by either alcohol or drugs (or both).
DUI, on the other hand, is a Class C misdemeanor charge, applied only to minors under the legal drinking age of 21. Notably, if a DUI case is complicated by drugs, the penalties may enhanced.
Criteria Defining DWI in Texas
A person is considered intoxicated if they [1] have a blood alcohol concentration (BAC) of 0.08 percent or higher or [2] are impaired by alcohol or drugs or alcohol, regardless of their BAC. It is worth noting the number of drinks it will take for you to reach the BAC that is used as a standard differs according to your weight, gender, the strength of the drinks you’ve imbibed, and the length of time it took you to drink them.
The Typical Steps Involved in a DWI Arrest in Texas
You can expect the following if you are picked up for drunk driving on a Texas road:
1. A police officer pulls you over after witnessing signs of impairment, such as driving between lanes or having your lights turned off in the dark.
2. The officer asks you to step outside the vehicle and administer a field sobriety test which may include walking a straight line or standing on one foot.
3. The officer administers a breathalyzer test. You should be aware that refusing to take a breathalyzer test can lead to automatic suspension of your driver’s license and may also be used as evidence of impairment in court.
4. The officer may evaluate you for drug use with a blood or urine test if drug use is suspected.
Penalties for DWI Convictions in Texas
The penalties for DWI convictions will depend in large part on whether you have been convicted of a DWI offense previously, whether you have been involved in an accident (particularly an accident involving injury) or whether you have a child in your vehicle.
DWI First Offense:
- A fine of up to $2,000
- From 3 to 180 days in jail
- Loss of your driver’s license for up to 1 year
- Annual fee of up to $2,000 for 3 years to retain your driver’s license
Second Offense:
- A fine of up to $4,000
- One month to 1 year in jail
- Loss of driver’s license for up to 2 years
- Annual fee of up to $2,000 for 3 years to retain driver’s license
Third Offense:
- A fine of up to $10,000
- 2 to 10 years in prison
- Loss of driver’s license for up to 2 years
- Annual fee of up to $2,000 for 3 years to retain driver’s license
Note: If you are arrested for DWI with a child under the age of 15 in the car, you will be charged with a state jail felony for which you may face between 180 days to 2 years in a state jail facility, a fine of up to $10,000 and a suspension of your driving privileges.
Our Attorneys Know How to Craft a Strong DUI And DWI Defense
At Navarrete & Schwartz, we are adept criminal defense lawyers. We know tried and true defense strategies and how best to adapt them to fit the specifics of your situation. On your behalf, we may:
- The question is whether the traffic stop was legitimate, whether the officer had a valid reason to stop you, and/or whether you were being racially, ethnically, or otherwise profiled.
- Challenge whether the Field Sobriety Test was administered correctly and without bias.
- Question how and when laboratory tests were performed and whether samples may have been contaminated.
- Investigate when the breathalyzer used on you was calibrated recently and properly maintained and whether all pertinent protocols were followed.
- Question whether a prescribed medication could have affected the results of your sobriety test or BAC readings.
- Make the court aware that you have a particular medical condition that may mimic intoxication or impairment, such as cerebral palsy, balancing issues, diabetes hypoglycemia, epilepsy, stroke, or brain injury.
Contact Our Experienced DUI And DWI Attorneys Today
Like the state of Texas, we take DWI arrests very seriously. We are acutely aware of the potential negative impact of a DWI conviction on your pocketbook, your relationships, your ability to work, your reputation, and your freedom. That’s why we will begin strategizing your defense as soon as you get in touch with us. Contact us now so you can feel the relief that comes from having a powerful attorney protecting your rights.