Facing a DWI in Texas is overwhelming, and all DWI charges are not created equal. Additional penalties are imposed for those who were arrested for DWI with a 0.15% BAC, which can intensify your situation. Do not take a chance with your case by going through this stressful situation unprepared. Just because your alcohol concentration is alleged to be 0.15 or higher does not mean you will be convicted or face the enhanced penalties.
When you contact The Wilder Law Firm, you can rest assured that over 25 years of DWI experience will be put to work for you. We have the skill and dedication to guide you through this process and defend your rights and fight for your future. The prosecution will only tell half of the story – the half that benefits them. You need someone to tell the whole story so your side is presented. That is how you will be most effectively represented and we are the right law firm to do that. Contact us immediately at 214-741-4000 so we can start defending you today.
What is DWI With 0.15 BAC or Higher?
A person can be charged with DWI in Texas if they operate a motor vehicle in a public place with a blood alcohol content (BAC) of 0.08 or higher, according to Texas Penal Code Section 49.04(a). Also according to statute, “if it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor” (Section 49.04(d)).
An alcohol concentration of 0.15 or higher means that you face more serious penalties than you would for a DWI where your BAC was less than 0.15.
You Need a Professional Defense
If you face an enhanced DWI accusation or charge, you need to establish a defense as soon as possible. The best way to do this is by contacting The Wilder Law Firm. I have presented hundreds and hundreds of successful and unique DWI defenses during my tenure as a criminal defense lawyer. I am familiar with the defenses available and will develop the most effective one for you. A few common issues that I look for when preparing your defense are:
- If you should really be charged with DWI with .15% BAC.
- Was the contact legal?
- Improper police conduct.
- Sobriety testing issues.
- Blood/breath testing issues.
- What is normal?
Reducing/Dismissing Your Charge
When establishing your defense, I will always attempt to reduce your charge from DWI with a .15% BAC or higher to a regular DWI charge. There are many ways that a BAC can be inaccurately recorded due to law enforcement errors, improper machine calibrations, and factors that have nothing to do with alcohol consumption. I will explore these options to see if we can have the charge reduced to a regular DWI or totally dismissed.
Was the Contact Legal
Every aspect of a DWI investigation will be investigated, and this starts by ensuring the police contacted or stopped you legally. Police officers must have “reasonable suspicion” to contact or pull you over. Reasonable suspicion could include traffic violations (not using your turn signal to change lanes) or defective equipment (burned out license plate light). Sometimes, however, the basis for being pulled over is not so clear. Some traffic stops require the officer to render an opinion that a violation occurred, such as following someone too closely. If the officer cannot factually support their opinion, the stop could be illegal.
Without having reasonable suspicion to make a stop, doing so would be illegal. The legality of the contact or stop can be fought in court which could result in the judge suppressing all evidence against you. We have successfully defended many people where the case ended in a dismissal or acquittal just by contesting the legality of the stop alone. In those cases, my clients’ alleged intoxication was never an issue.
While we are brought up to believe that the police are there to help us, this is not always the case. The police have their own prejudices and agendas in mind when dealing with the public, and as a result, you can be the victim of improper police conduct. One common form of improper police conduct related to DWIs is an invalid stop of your car. Police must have reasonable suspicion in order to pull you over or approach your vehicle. I can help you determine if the police truly had reason to stop your car or not.
Sobriety Testing Issues
The police will oftentimes ask you to perform standardized field sobriety tests if they suspect that you are under the influence of alcohol or drugs. What most people don’t know is that these tests are designed to make you fail, and it is very easy to administer or score them improperly. I will carefully review any field sobriety tests that you have taken to determine if they are valid.
Blood/Breath Testing Issues
The police also may ask you to take breath or blood tests to determine your blood alcohol content. Again, many issues could arise in administering these tests or getting their results. I will put my knowledge of these tests and machines to work for you to find issues with the evidence against you.
What is Normal
Our society has a very clearcut, zero-tolerance view of drinking and driving. However, the truth is not so black and white. People react to alcohol differently, and what may be dangerous for one person may be normal for another. Even if you are stopped by the police or if an accident occurred, this doesn’t necessarily mean that alcohol played a role. I will determine what is normal for you and consider these factors in your defense.
These are just a few examples of how I will defend you against a DWI with .15% BAC or higher. Contact my office to learn more.
Penalties You Could Face
The penalties for DWI with an alcohol concentration of 0.15 or higher can be severe. For a first offense, the penalties include:
- A jail sentence of up to a year.
- A fine up to $4,000.
- A “Super Fine” of $6,000, regardless of the court fine assessed.
- A suspension of your driver’s license from 90 days to one year.
- Installation of the ignition interlock device on your vehicle.
- A DWI conviction listed on your permanent criminal record.
- An increase in auto insurance rates.
- Immigration issues.
- Child custody issues.
- A hard time obtaining or keeping certain professional licenses.
- A hard time obtaining or keeping certain jobs.
- A hard time furthering your education.
Our #1 Goal is Protecting Your Future
Facing a DWI with .15% BAC or higher is frightening and overwhelming. The Wilder Law Firm has the skill, ability, and dedication you need fighting for you during this difficult time. We know that this is an overwhelming time, which is why we are here to help. Don’t trust your case and future to just any lawyer or firm. Contact us now at 214-741-4000 and we will get started on your defense.