Can you beat a North Texas DWI charge?
Jonathan M. Apgar, DWI Attorney
There are many ways an experienced criminal defense attorney can win your Texas DWI case and keep a conviction off your criminal record. We've got you covered, and will be by your side the entire way.
First, if our review of the evidence shows that the police officer had no legal reason to pull your vehicle over, then all the evidence in your case might be thrown out of Court, and the DWI case would be dismissed.
Second, if the evidence is weak, then we will aggressively push for a dismissal or reduction of the charge to keep the DWI off your record.
Third, we can seek a resolution of your DWI charge that does not result in a conviction, which may allow you to seal the arrest and court records from the public and from employment background checks.
Finally, if no acceptable resolution can be reached, we can take your case to trial. The State must prove your guilt beyond a reasonable doubt, which is the highest burden of proof under the law.
We have achieved all these successful results, time and time again, all for an affordable legal fee. That's why we have a perfect 5-star rating from our clients. So contact us today using the form below, or send a text message to us at (214) 681-7900. We will receive and respond to your message 7 days a week, including evenings and holidays. Let's schedule a free consultation to talk about your options and how to win your case.
DWI laws in Texas
Under Texas law, a person commits a DWI offense if "the person is intoxicated while operating a motor vehicle in a public place.”
Texas law defines intoxication as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.”
In other words, there are three different ways to prove intoxication, and you can still be found guilty of a DWI even if there is no breath or blood test to show your alcohol concentration at the time of driving. In fact, contrary to popular belief, you can even be found guilty of a DWI if your breath or blood test is UNDER the legal limit!
Punishment for DWIs
A first-time DWI charge is a Class B misdemeanor if the breath or blood test shows an alcohol concentration under 0.15. If the breath or blood test shows an alcohol concentration of 0.15 or greater, a first-time DWI charge is enhanced to a Class A misdemeanor.
A Class B misdemeanor carries a punishment of up to 180 days in jail and a fine of up to $2,000.00, while a Class A misdemeanor carries a punishment of up to 365 days in jail and a fine of up to $4,000.00.
A second DWI charge is a Class A misdemeanor, and requires a minimum jail sentence of 30 days. Furthermore, if placed on probation for a second DWI, you are required to serve a minimum of 3 or 5 continuous days in jail as a condition of your probation, and this mandatory jail time cannot be waived or excused by the Judge.
Evidence in DWI cases
There are many types of evidence used against you in a DWI case, which may include the following:
- Testimony of police officers regarding your driving behavior prior to being pulled over, and whether you had an odor of alcohol on your breath, bloodshot or droopy eyes, slurred speech, and/or unsteady balance;
- Any statements or admissions you made prior to or after your arrest regarding how much you drank, how intoxicated you felt, etc.;
- Results of field sobriety tests performed at the scene and/or at the jail after you were arrested, and results of a breath or blood test administered after you were arrested
We will review and analyze all these things to find any inconsistencies or other problems that may lessen the credibility of the evidence against you. Remember, field sobriety tests are sometimes administered incorrectly, and poor performance on those tests can be explained by things other than intoxication.
Breath or blood test results are not 100% accurate, and sometimes they are administered hours after you were operating your vehicle. Therefore, if a breath or blood test result is over the legal limit, it does not always mean your alcohol concentration was above the legal limit when you were driving your vehicle hours before the breath or blood sample was taken.
Driver's license suspension
When you are arrested for a DWI offense, the Texas Department of Public Safety (DPS) will file a separate administrative case against you, seeking to suspend your license if you failed or refused the breath or blood test.
For a first-time DWI offense, you will be facing a driver’s license suspension of 90 to 180 days. If you are facing a repeat DWI charge, the period of suspension can increase significantly.
We will request a hearing, receive and review the evidence produced by DPS, and do everything possible to BEAT your DPS case so you do not face a suspension of your license. However, even if your license does gets suspended, we have a way to let you continue to drive for essential needs during any period of suspension.
The clock is ticking!
You have only 15 calendar days from the date of your arrest to submit a written request for an administrative hearing regarding the suspension of your driver's license.
If we don’t request the driver's license hearing by that deadline, you will face an automatic suspension of your driver’s license, with NO opportunity for a hearing to contest your suspension. Therefore, it is crucial you contact us immediately to avoid missing that deadline!
Contact us today so we can do everything possible to protect your driver's license from a lengthy suspension.
Experienced representation, proven success
Our managing partner, Jonathan M. Apgar, has nearly 20 years of courtroom experience defending thousands of DWI and other intoxication cases, and was named a "Rising Star" Super Lawyer and a "Top 100" Criminal Defense Attorney in North Texas.
He has handled DWI cases in every county in the greater Dallas-Fort Worth area, and in dozens of other courts throughout Texas. Many of these DWI cases have resulted in dismissals, a reduction of the charge, or a "Not Guilty" verdict.
Contact us today to get started
As previously noted, there are strict deadlines that must be met shortly after a DWI arrest to prevent an automatic suspension of your driver's license charge, and we must act quickly to preserve your rights. Our schedule fills up fast, so contact us today to request your free consultation. During your consultation, we will discuss the facts of your case, and then explain to you the strategy we use to defend DWI charges.
Don't let this charge ruin everything you've worked hard to achieve. Request a free consultation today using the contact form above, or send a text message to us at (214) 681-7900. We will respond to your message 7 days a week. Let us help solve this problem for you!