When facing a DWI (Driving While Intoxicated) charge in Texas, the stakes are incredibly high. No one plans to see the flashing red and blue lights in their rearview mirror, but proper legal guidance is paramount when it happens. At Barbieri Law Firm, P.C., we understand the anxiety and uncertainty accompanying these charges. Our approach combines detailed legal knowledge with a personal commitment to each client, ensuring that your rights, freedom, and future are vigorously defended.
Understanding Texas DWI Laws
Driving under the influence of alcohol or drugs in Texas is a serious offense that carries strict consequences. The state has established clear legal thresholds for what constitutes driving while intoxicated:
- Blood Alcohol Concentration (BAC) for Adults: If you are 21 years or older, a BAC of 0.08 percent or higher is grounds for a DWI charge. This level is considered the standard for legal intoxication across many states, and Texas strictly enforces this limit.
- Commercial Drivers: The BAC threshold for those holding a commercial driver’s license (CDL) is set at 0.04 percent. This lower limit reflects commercial drivers’ increased responsibility in operating larger vehicles and transporting goods or passengers.
- Underage Drivers: Texas has a zero-tolerance policy for underage drinking and driving. Any detectable amount of alcohol in drivers under the age of 21 can result in a DUI charge. This policy is intended to discourage underage drinking and promote road safety.
In addition to alcohol, Texas law also penalizes driving under the influence of drugs. This includes both illegal drugs and prescription medications that can impair a driver’s ability to operate a vehicle safely. Here are key points regarding drug-related DWI charges:
- Illegal and Prescription Drugs: Driving while impaired by any unlawful drug or by prescription medications that impair your driving can lead to a DWI charge. The presence of drugs is typically confirmed through blood tests during a traffic stop or following an accident.
- Combination of Alcohol and Drugs: If you are found to have a combination of alcohol and drugs in your system, you can be charged with DWI even if your alcohol BAC is below 0.08 percent. The combined impairing effects of drugs and alcohol make this a serious offense.
- Implied Consent Law: Texas operates under an implied consent law, which means that by driving on Texas roads, you have impliedly consented to chemical testing (breath or blood) if you are arrested for suspected DWI. Refusal to submit to testing can result in automatic license suspension and other penalties.
Penalties for DWI Offenses in Texas
The consequences of a DWI conviction in Texas escalate with the nature of the offense:
- First Offense: Considered a Class B misdemeanor, potential penalties include up to 180 days in jail, a fine up to $2,000, and a driver’s license suspension for up to a year.
- Second Offense: This is Class A misdemeanor and can result in jail time ranging from 30 days to one year, a fine up to $4,000, and up to two years of driver’s license suspension.
- Third Offense: This is a third-degree felony, and the penalties can include a prison term of two to ten years, a fine of up to $10,000, and a two-year license suspension.
Each case’s specifics can influence the penalties, making individualized legal strategy crucial.
Your Rights During a DWI Stop
If you’re stopped for a suspected DWI in Texas, knowing your rights can significantly impact the outcome of your case.
- Field Sobriety Tests: Participation in these tests is voluntary. While refusing may lead to an arrest, performing them can provide additional evidence for the prosecution.
- Chemical Tests: Under Texas’ implied consent law, refusal to submit to a breath or blood test post-arrest can lead to automatic license suspension.
Understanding these rights is critical to protecting yourself during a DWI stop.
Defending Your Case with Barbieri Law Firm, P.C.
At Barbieri Law Firm, P.C., we tailor our defense strategies to the unique aspects of each DWI case. Our team of experienced attorneys brings a comprehensive approach to each situation:
- Thorough Case Review: We meticulously analyze every detail of the evidence and the circumstances surrounding your arrest.
- Strategic Defense Development: We leverage our extensive knowledge of Texas DWI laws to build robust defenses with the goal of reduced or dismissed charges.
- Persistent Advocacy: From challenging the prosecution’s evidence to negotiating favorable terms, we advocate relentlessly for your best interests.
Contact Barbieri Law Firm for DWI Defense in Texas
A DWI charge can be daunting, but you don’t have to face it alone. With Barbieri Law Firm, P.C., you gain a team committed to defending your rights and securing your future. Our detailed and aggressive defense strategies are designed to handle the complexities of DWI cases effectively.
For a confidential case evaluation and to start building your defense, call us today at 972-424-1902 or visit our website at Barbieri Law Firm, P.C.