Were you arrested for driving while intoxicated and need a Tarrant County DWI lawyer? Cofer Luster Criminal Defense Lawyers represents people facing DWI charges throughout Tarrant County, Texas. Our team can examine the evidence, challenge questionable testing procedures, and help you build a defense. Contact us today at (682) 777 3336 to schedule a confidential consultation.
A DWI conviction in Texas can result in jail time, fines, driver’s license suspension, and a criminal record. Penalties may increase when the offense involves prior convictions, a high blood alcohol concentration, a child passenger, or an accident causing serious injury. The possible consequences depend on the circumstances of the arrest, the evidence, and the specific charges filed.
Why Choose Cofer Luster Criminal Defense Lawyers for Help After a DWI Arrest in Tarrant County, TX?
DWI cases can involve far more than the result of a breath or blood test. Police observations, body-camera footage, field sobriety exercises, laboratory procedures, and the reason for the traffic stop can all become important. Cofer Luster Criminal Defense Lawyers brings substantial criminal defense experience to cases in Tarrant County, TX.
Our Tarrant County criminal defense attorneys offer:
- More than 60 years of combined criminal law experience
- Former prosecutors, a former federal public defender, and a former magistrate judge
- Two attorneys Board Certified in Criminal Law by the Texas Board of Legal Specialization
- A law professor
- Attorneys with experience handling DWI and other misdemeanor and felony cases in Texas courts
Our team can review how the investigation began, what testing was performed, and whether there are grounds to challenge the state’s evidence. Contact us to arrange an initial consultation with a Tarrant County DWI attorney.
What Is DWI in Texas?
Under Texas Penal Code § 49.04, a person commits driving while intoxicated if they are intoxicated while operating a motor vehicle in a public place.
Texas law generally defines “intoxicated” in two ways. A person may be considered intoxicated if they:
- Do not have the normal use of their mental or physical faculties because of alcohol, drugs, a controlled substance, another substance, or a combination of substances
- Have an alcohol concentration of 0.08 or more
This means the state does not always need a breath or blood alcohol result of 0.08 or higher to pursue a DWI charge. Prosecutors may rely on other evidence in an attempt to show that a person had lost the normal use of their faculties.
What Are the Penalties for a First DWI in Tarrant County, Texas?
A first DWI in Texas is generally a Class B misdemeanor. A conviction can carry up to 180 days in jail, a fine of up to $2,000, and a minimum confinement term of 72 hours. An additional fine of up to $3,000 may also apply.
Certain circumstances can lead to more serious charges. An alcohol concentration of 0.15 or higher at the time of testing generally elevates the offense to a Class A misdemeanor. A DWI involving a passenger younger than 15 is generally a state jail felony.
Prior convictions can also increase penalties. One qualifying prior DWI conviction can elevate a new offense to a Class A misdemeanor, while two qualifying prior intoxication-related convictions can support a third-degree felony charge. A Tarrant County DWI lawyer can review your record and challenge improper enhancements.
Can a DWI Affect My Driver’s License in Texas?
Yes. A DWI arrest can create driver’s license issues that are separate from the criminal prosecution.
For example, refusing or failing certain alcohol-concentration testing may result in an administrative driver’s license proceeding. Because the administrative process operates separately from the criminal case, a person can face licensing consequences even before the DWI charge itself is resolved.
You generally have 15 days after receiving notice of a proposed administrative suspension to request an ALR hearing. Missing this deadline can limit your ability to challenge the suspension.
What Defenses Can Be Raised Against a DWI Charge?
An arrest does not establish that a person was legally intoxicated. The available defenses depend on how the stop, investigation, testing, and arrest occurred.
Issues that may be raised in a Tarrant County DWI case include:
- The traffic stop: Police generally need a lawful basis for stopping a vehicle. Evidence obtained after an unlawful detention may be subject to challenge.
- Field sobriety testing: Road conditions, footwear, injuries, medical conditions, fatigue, and the way the exercises were administered can affect performance.
- Breath testing: Calibration, maintenance, administration, and other testing issues may affect the reliability or admissibility of a breath result.
- Blood testing: The defense may examine how the sample was obtained, stored, transported, and tested, and whether the blood draw complied with applicable legal requirements.
- Whether the state can prove intoxication while driving: A later alcohol-concentration result does not always establish a person’s condition at the precise time they were operating the vehicle.
- Police observations: Slurred speech, red eyes, balance problems, or other observations may have explanations unrelated to intoxication.
The importance of any issue depends on the evidence in the particular case.
Schedule a Confidential Consultation With a Tarrant County DWI Lawyer Today
A DWI case can turn on details that are easy to overlook, including why the vehicle was stopped, how field sobriety exercises were administered, when a breath or blood sample was taken, and how the resulting evidence was handled.
Cofer Luster Criminal Defense Lawyers represents clients accused of DWI throughout Tarrant County, TX. Contact us today to schedule a confidential consultation with a Tarrant County DWI attorney and discuss the evidence, potential penalties, and issues that may affect your case.
