If you find yourself facing DWI charges in Fort Worth, Texas, it is essential to consider seeking legal assistance immediately. A Fort Worth criminal defense lawyer will offer invaluable guidance through the complex Texas DWI laws and make sure you have the best chance at beating your charges.
Trying to handle this on your own is setting yourself up for failure. For help with a DWI charge in Fort Worth, TX, contact Cofer Luster Criminal Defense Lawyers at 682 777 3336 to schedule a free consultation with a Fort Worth DWI lawyer.
How Cofer Luster Criminal Defense Lawyers Can Help If You Get Arrested for a DWI
If you’ve been arrested for a DWI in Fort Worth, TX, Cofer Luster Criminal Defense Lawyers is ready to defend your rights and guide you through the legal process.
Here’s how our Fort Worth criminal defense lawyer can assist you:
- We offer a free consultation and will listen to your side of what happened. This consultation helps us identify strengths, weaknesses, and potential defenses.
- When appropriate, we will negotiate with prosecutors to reduce charges or lessen the penalties you are facing.
- We will evaluate whether any evidence against you was obtained lawfully and move for its exclusion if your rights were violated.
- Many cases are handled out of court through plea deals, but if your case goes to trial, we are always prepared to represent you before a judge and jury.
If you need legal assistance because you’ve been arrested for driving under the influence in Fort Worth, Texas, contact Cofer Luster Criminal Defense Lawyers to schedule a free consultation to discuss your case.
Overview of DWI in Texas
In Texas, driving under the influence is more specifically termed “driving while intoxicated” (DWI), but you may still hear “DUI” used colloquially. Under Texas law, it is illegal to operate any motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above.
However, you can be charged with and convicted of a DWI even if your BAC is below .08. This can happen if it is determined that you are impaired due to alcohol, drugs, or other substances to the point where you don’t have normal control over your faculties, and is also considered driving under the influence.
For drivers under 21 years old, Texas enforces zero-tolerance laws prohibiting them from driving with any detectable amount of alcohol in their system.
You Can Be Charged With a DWI Even if You Aren’t Driving
You might assume that to receive a driving while intoxicated (DWI) charge, you need to be caught in the act of driving. However, under Texas law, being in control of a vehicle’s functions is enough for a DWI.
“Operating,” as interpreted by Texas courts, involves any actions that could enable or influence the functioning of your car. This could include:
- Sitting behind the wheel with keys in hand
- Starting up the engine
- Adjusting general controls like lighting or windshield wipers
- Moving it slightly
Even though these acts alone don’t always comprise full-fledged ‘driving’, they do represent control over its function and use, which could lead to a DWI conviction.
What Are the Penalties For DWI in Fort Worth, Texas?
Understanding the penalties is critical for defendants facing DWI charges in Fort Worth, Texas. Different offenses carry different consequences and reflect the seriousness of repeat offenses.
First Offense DWI
The law is quite firm, even for first offenses, where you face the following penalties:
- Jail: You may serve jail time ranging from the minimum of 72 hours up to six months. If your BAC was above .15%, incarceration could extend up to a year.
- Fine: Expect fines reaching $2,000. However, if you are caught with a BAC at or over .15%, that fine may double to as much as $4,000.
- License Suspension: Your driving privileges can be suspended for between 3 months and 1 full year.
- Ignition Interlock Device [IID]: An ignition interlock device may be mandated when seeking an “occupational license” during the suspension.
Contact us for more information about first-offense DWIs and how we can help.
Second Offense DWI
For those with previous convictions within five years, the penalties include:
- Jail: A conviction might lead to a 30-day minimum and up to one year behind bars.
- Fine: You can be fined as much as $4,000.
- License Suspension: The suspension period for your driver’s license ranges from 180 days up to 2 years.
- Ignition Interlock Device: If you have a previous DWI conviction within the past five years, you will need an IID for at least twelve months.
As offenses add up and the penalties get more severe, you may benefit even more from the help of an experienced lawyer.
Third Offense DWI
Repeat offenders face significantly steeper penalties with their third DWI offense in Texas:
- Jail Time: A third DWI offense is punishable by 2-10 years of imprisonment.
- Fine: Fines escalate quite a bit, reaching upwards of $10,000.
- License Suspension: Driver license suspension lasts anywhere from 180 days to 2 years.
- Ignition Interlock Device: Similar to the second offense, with priors within five years, installation of an IID for at least one year is mandatory.
Beyond these standardized penalties for DWI offenses in Fort Worth, there are certain aggravating factors that will enhance them. For example, if a minor is present in the vehicle or bodily injury occurred due to drunk driving, the repercussions are more severe.
What Defenses Can Be Raised If I’m Arrested for a DWI?
If you’ve been arrested for a DWI, there are several defenses your attorney might consider to challenge the charge against you. Here is an overview of various defenses that can be used in DWI cases:
Improper Stop
A DWI defense often starts with the validity of the initial traffic stop. Your lawyer may argue that law enforcement lacked a lawful reason to pull you over in the first place. If it’s established that there was no reasonable suspicion for the stop, any evidence gathered as a result may be deemed inadmissible.
Faulty Testing Equipment or Procedures
Challenges to BAC testing procedures are common and can be powerful defenses. Defense arguments might point out issues such as improper handling of blood samples, inaccuracies due to faulty breathalyzer calibration or operation, and lack of proper licensing on testing equipment.
Inaccurate Field Sobriety Test (FST) Results
Poor performance on field sobriety tests doesn’t always indicate intoxication; factors like medical conditions, weather-related mistakes, or nervousness could affect results. Questioning their accuracy–especially if they were conducted under challenging conditions—can weaken DWI charges associated with FST performance.
Violation of Rights
Your defense attorney could contend that a violation of your constitutional rights occurred during the arrest process. This might include failure to read Miranda rights, conducting an unlawful search and seizure, or not allowing you to contact a lawyer promptly after being detained. Proving such violations may lead to the dismissal of the charges or the exclusion of evidence essential to the prosecution’s case.
Medical Conditions
Certain health issues can produce symptoms similar to intoxication or falsely elevate BAC readings, a fact your attorney can highlight in court. For instance, if you have diabetes or suffer from conditions like GERD (Gastroesophageal Reflux Disease), it could potentially interfere with breathalyzer results and undermine their reliability as accurate indicators of real impairment levels.
Challenging Blood Alcohol Concentration (BAC) Levels
Finally, questioning the validity and timing of BAC testing is another possible angle for defense. You could argue that while your BAC was over the legal limit when tested at the police station, it wouldn’t have been over the limit while you were actually driving. If enough time elapsed between driving and testing, it may not accurately reflect your state while operating a vehicle.
Addressing a DWI charge in Fort Worth requires an understanding of legal defenses and the ability to effectively challenge the evidence presented. It’s essential to work closely with your defense attorney so they can determine the best option for you and your case.
Schedule a Free Case Evaluation With Our Fort Worth DWI Lawyer
Dealing with a DWI charge can be incredibly overwhelming, as your freedom and future are at stake, not to mention the financial consequences of this charge. Fortunately, you don’t have to handle it alone. An experienced defense attorney can stand by you and fight for your rights and future. If you’re facing DWI charges in Fort Worth, take action now – contact Cofer Luster Criminal Defense Lawyers to schedule a free consultation with a Fort Worth DWI lawyer.
