Drivers convicted of DWI charges can face years of jail time, thousands of dollars in fines and fees, the loss of driving privileges, and potentially even their livelihood. With so much at stake, it is always worth fighting a DWI charge, no matter what the circumstances of your arrest.
- Can a DWI be dismissed in Texas? DWI charges are dismissed everyday in courtrooms across Texas. Charges are not dismissed through goodwill or luck, rather they are dismissed because a powerful defense forced the State prosecutors to dismiss the charge. Challenging evidence is a critical part of obtaining a dismissal.
- What are the odds of getting a DWI dismissed in Texas? The chances of getting a DWI dismissed in Texas are directly tied to the effort and action of the defense. You can’t win if you don’t fight. Challenging evidence is the most effective way to dismiss a DWI charge in Texas. DWI arrests are warrantless arrests, therefore everything must be challenged. If a judge suppresses evidence, the State cannot use it to prosecute.
- How to get rid of a DWI in Texas? DWI charges can be dismissed in Texas. Getting rid of a DWI case often involves challenging the reason for the stop and attacking the administration and results of the standardized field sobriety tests (SFSTs). If the reason(s) for arrest are invalidated, the arrest and all evidence that follows after, like a breath or blood result, are suppressed.
HOW LONG DOES A DWI STAY ON YOUR RECORD IN TEXAS?
DWI charges stay on the record forever in Texas – even if the charge was dismissed. However, DWI charges dismissed without probation can be expunged and deleted. DWI charges dismissed after probation may, in limited circumstances, be sealed. DWI convictions can also be sealed in limited circumstances.
- Is jail time mandatory for 1st DWI in Texas? Jail is not mandatory for a 1st DWI in Texas. Aggravating factors, like an open container in the vehicle, can result in mandatory jail time.
- Is jail time mandatory for 2nd DWI in Texas? Yes, jail time is mandatory for 2nd DWI in Texas!Texas DWI 2nd Offense carries a mandatory 3 days jail as punishment even when resulting in probation. Those facing a second DWI offense in Texas should do everything possible to secure a dismissal or a reduction to avoid jail.
WHAT CAN A DWI BE REDUCED TO IN TEXAS?
Yes, an enhanced DWI offense can be reduced. A first-time DWI charge may be elevated to a Class A Misdemeanor or, in some circumstances, a State Jail Felony. The State has the power to “waive” the enhancement, and proceed on a Class B Misdemeanor DWI.
- Possibility of a first offense DUI plea bargain in Texas? It is possible to work out a plea bargain on a first offense DWI or DUI in Texas. Every person charged with DUI or DWI in Texas is eligible to apply for Community Supervision. Commonly referred to as probation, Community Supervision is an opportunity to avoid incarceration as punishment for DWI. Texas has severe DWI consequences. Everyone charged with DWI, even a first offense, faces jail time. Community Supervision is a safe and preferable alternative to the nightmare that is incarceration.
WHAT HAPPENS WHEN YOU GET A DWI?
When getting a DWI in Texas, most people are arrested, taken before a magistrate judge, and then released. However, in more limited circumstances, no arrest is made, and police provide a person with a document that says they are under investigation for DWI.
- How much is bail for a DWI in Texas? Bail for first-time DWI charges in Texas is normally a few thousand dollars. The five types of bond in Texas are attorney, cash, personal recognizance, property, and surety. Surety bonds are the most common form of bond.
- What is the Statute of Limitations for DWI in Texas? The statute of limitations for DWI charges in Texas is two years for misdemeanors and three years for felonies. Prosecutors have the full amount of time to prepare and formally file charges. When charges are filed, notice is not provided to the individual, and an arrest warrant is issued.
WHAT TO DO AFTER GETTING A DWI IN TEXAS?
Retaining legal counsel is the single most important thing to do after being charged with DWI. Everyone facing a DWI charge is facing incarceration. Even first-time offenders can face up to one year in jail. The stakes are high, and you cannot afford to fight alone.
- Do I need a lawyer for a DWI in Texas? Yes. Texas has some of the harshest penalties in the nation for DWI and other intoxication offenses. If you have been charged with DWI it is critical to hire an attorney. Your choice in representation can make the difference between a temporary inconvenience and a lifelong criminal conviction.
- How much does a first-time DWI cost in Texas? The maximum fine for a first or second DWI offense in Texas is $6,000.00. While being charged with DWI is expensive, being convicted can be financially devastating. It’s impossible to put a price on what it’s worth to avoid incarceration and the potential of a permanent criminal conviction.
- How much does a DWI lawyer cost in Texas? Fighting a DWI costs thousands of dollars. A powerful defense can be expensive, but well worth it to avoid the severe penalties, and potentially lifelong consequences of a criminal conviction.
IS IT WORTH FIGHTING A DUI CHARGE IN TEXAS?
DUI is a very serious charge. In Texas, minors found to be operating a motor vehicle with any detectable alcohol in their system can be cited or arrested for either Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). The ramifications are severe in either case, with administrative penalties and life-long consequences.
- What is a Class A Misdemeanor DWI first offense? A DWI charge categorized as a Class A Misdemeanor is either a DWI 1st with a blood alcohol concentration (BAC) of 0.15 or higher, or a DWI 2nd. Both are punishable by a maximum of 365 days in a county jail.
- What is a Class B Misdemeanor DWI first offense? A DWI charge categorized as a Class B Misdemeanor is either a DWI 1st with a BAC of 0.14 or lower, or DWI 1st with an Open Container (DWIOC). Both are punishable by a maximum of 180 days in jail, however, DWIOC has a minimum jail requirement of 6 days.
- What is a Class C DUI first offense? DUI is a class C misdemeanor that only applies to minors under the age of 21. The legal limit for a DUI charge is 0.0. Minors are prohibited from operating a motor vehicle with any detectable alcohol in their system.
TOP-RATED TEXAS DWI LAWYERS
Arrested for DWI in Texas? It is always worth fighting your DWI charge. If it’s your first offense and you have a clean record, you are facing 6 months in jail, and up to 1 year if your blood result is high. Prosecutors don’t care if you’ve never had a speeding ticket. They don’t care if you were polite to the police. Prosecutors seek convictions. The team at Trey Porter Law fights for dismissals. We request and attack the evidence. We challenge probable cause. We’ve won cases all over Texas and we’re ready to stand up for you.
