Being charged with driving while intoxicated (DWI) in Houston Texas is life-changing. Anyone can end up with this type of charge without a simple poor judgment call. The effects of a DWI can extend long after any probation or jail time. A DWI charges defense attorney from the Law Offices of Diana E. Sims can help you or a loved one facing these charges immediately after being arrested. In Texas, the two terms are not interchangeable. DWI refers to an arrest where an officer determines that a person has consumed alcohol and/or drugs to the extent they aren’t a safe driver. A DUI is a charge that applies to those under 21 who have consumed any alcohol, whether or not they are actually impaired.
Our Houston Texas DWI lawyer can raise many issues at your trial or motions to help you to get the upper hand in your case. We can determine whether the officer had a legal reason to stop you and if the field sobriety tests were given properly. Our DWI defense team can also challenge these tests. We are always ready to represent you at any hearings and will protect your legal rights every step of the way. We are committed to helping you to retain your right to drive a vehicle.
Our DWI defense team can investigate different defenses to help you to get reduced or dismissed charges. Some possible defenses include breathalyzer errors (misuse or malfunction), no probable cause (the police can only detain you if they have probable cause someone is drunk), and not driving.
The DWI When You Have A Child in Your Vehicle charge in Texas applies to anyone younger than the age of 15 years of age. You can be charged with this even if no one is injured during your operation of a vehicle. This involves a form of child endangerment, which means that Texas Department of Family Services can obtain custody of your children.
An investigation is done separate from the criminal process. Jail time of 180 days in county jail up to two years can be given to those charged with this crime. Fines of up to $10,000 and mandatory DWI education classes and up to 1,000 hours of community services are other possible penalties as well as the installation of an ignition interlock device in your vehicle as well as a 180-day license suspension. Our DWI charges attorney can work toward probation if you have been found guilty of this charge.
Penalties associated with DWI charges are extreme. They can includedriver’s license suspension, drug and alcohol abuse treatment requirement, fines, imprisonment, community service, ignition interlock device requirement, and license restrictions too. The first DWI you’re charged with can lead to 3 to 180 days in jail, fines of up to $2,000, one year of driver’s license suspension, possible community service, and even substance abuse treatment program admission. Fines can be doubled for those testing over .15. A second DWI offense can lead to mandatory 30 days to a year in county jail, two years of a license suspension, fines of up to $4,000, and community service.
There are four different felony DWIs that you can be charged with in Texas including DWI with a child passenger (mentioned above), third DWI, intoxication assault, and intoxication manslaughter. If you have two prior DWI convictions, you are charged with a felony DWI. This can range from two to ten years in prison. Intoxication assault is a third-degree felony that someone causes serious bodily injury to someone by accident or mistake. Intoxication manslaughter, a second-degree felony DWI, is an offense where the death of another person results from an accident when someone is under the influence.
If you’ve been charged with a DWI or DUI in Texas, call to schedule a free consultation with an experienced attorney in Houston today. The legal experts at the Law Office of Diana E. Sims are ready to defend your case and get you the minimum possible sentencing possible. We offer free legal consultations where we can learn the details of your case and answer all of your questions regarding the legal process. To schedule this free legal consultation, call us at (713) 236-9800 today and allow us to help you keep your freedom and record intact.