Being arrested for a DWI (driving while intoxicated) in Texas is a stressful, surreal, and humiliating experience. Texas drunk driving laws have gotten tougher over the past decade, and there has been a significant increase in DWI investigations, arrests, prosecutions, and convictions. By far the most common criminal charge prosecuted in DFW courts (Collin County, Dallas county, Tarrant county, and Denton) is driving while intoxicated – or DWI.
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If you have been arrested for DWI in Collin county or the greater DFW area, realize that hiring a knowledgeable and aggressive DWI attorney is the best way to avoid stiff drunk driving penalties and ensure that your rights are secured. Nowadays, it is almost to the point where being arrested for DWI can happen to anyone- whether intoxicated or not. At Peveto Law, we are dedicated to providing you with the resources, information, and quality DWI defense representation needed to successfully fight Texas DWI charges and obtain the best legal outcome possible.
In 48 of the 50 United States, there is no such thing as a “DWI” – only “DUI” (Driving Under the Influence). In Texas, however, we have both DWIs and DUIs. But, it is our DWI laws in Texas that most closely resemble the DUI laws of other states. In other words, think of a Texas DWI charge as what you would call a DUI in any other state – and a “DUI” charge in Texas refers specifically to a fine only class C misdemeanor offense that can only be committed by minors (under 21 years old).
A Texas DWI charge may be classified as either a misdemeanor or a felony, depending on several factors – including existence of a prior conviction, whether there was a child in the car, and the amount of alcohol in your system. The legal limit in Texas is .08 for alcohol. But, intoxication does not necessary mean by alcohol. It can mean other substances such as illegal and prescribed medications.
Generally, if you are stopped and the police officer believes that you may be intoxicated you will be asked to perform a number of road side test, including giving a breath sample. If the police officer reasonably believes you to be impaired due to alcohol or some other substance, you will be arrested for DWI. The officer will make his determination as to your relative impairment based on analysis of mental and physical faculties, your performance on field sobriety tests, and ultimately your blood alcohol concentration (BAC) as measured by a breath test or blood test.
With all the resources, money, and attention Texas dedicates to DWI arrest and prosecution, anyone charged with a DWI in the DFW area should anticipate facing a variety of expensive DWI penalties and punishments – especially if you fail to hire a good Dallas DWI attorney to defend your case. Recent drunk driving laws have enhanced the minimum punishments for Class A, Class B, and felony DWI convictions as follows:
In addition to possible jail time and fines, the negative impacts of a DWI conviction are so widespread that it is difficult to catalog ALL of the potential collateral damage. Perhaps the most significant consequence under the Texas drunk driving laws, however, is that you cannot get deferred adjudication on a DWI charge. Unless your attorney can win your case, have the charges dismissed, or negotiate a reduction in charges, straight DWI probation is your only option. This means that a DWI conviction would appear on your permanent criminal record that could not be expunged or non-disclosed in the future. Additional repercussions of a Texas DWI arrest include: having to arrange for jail release and the posting of a bond, loss of your driver’s license, $3,000 – $5,000 in DPS surcharges, mandatory alcohol counseling, community service, an ignition interlock device, expensive DWI education classes, and possibly a mandatory 72 hours in jail.
There are many factors that the police must consider before making a DWI arrest. Local attorney Andrew Peveto knows Texas DWI laws inside and out – and he knows that you will need a competent, respected Texas drunk driving attorney if you were arrested for DWI in Dallas, Collin County, or the greater DFW area. At Peveto Law, we take every client’s DWI case seriously and work relentlessly on your behalf to obtain the best possible results.
Over the past 7 years, Andrew Peveto has successfully represented hundreds of satisfied DWI clients in Collin County, Dallas, Denton and Tarrant counties.
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