Parking While Intoxicated Attorney in Plano, TX
Do I Need an Attorney if I Was Parked While Intoxicated in Plano, Collin County?
Most people want to be responsible citizens. This extends even to driving while intoxicated. The vast majority of people who are arrested for DWI have never received a ticket before, and only about 25% of people with a DWI will go on to reoffend. Regardless, due to increased concerns about road safety, the State of Texas has recently begun a more aggressive push to crack down on alcohol-related traffic violations. This includes parking while intoxicated, also known as PWI.
For many people who believe they’ve “had one too many,” or who realize after getting behind the wheel that it’s unsafe for them to drive, the solution appears easy. Simply pull over to the side of the road or sit in your parked car to sober up or “dry out.” While the majority of people who decide to sober up will take their own decision seriously, many law enforcement officers do not see it that way. As long as you are in a vehicle and have the ability to drive that vehicle away, you may be arrested for parking while intoxicated. You may be arrested even if you had no intentions of driving the vehicle. This means that, under Texas law, a person making a concerted effort not to drive under the influence can still be arrested and tried as though they were still making a dangerous decision. At the Wilder Law Firm, we find this personally distasteful. We don’t believe someone trying to be a responsible citizen and not drive while impaired should be arrested and tried as though they were engaging in reckless behavior.
If you’ve found yourself on this page, it’s likely that you’re in need of legal assistance following an arrest for parking while intoxicated (PWI). We understand the stress and uncertainty that can accompany such a situation, and our team is here to offer you guidance and support during this challenging time. With our free consultations, you can rest assured that we will help you understand your options and develop a strategic plan for your defense.
What is Parking While Intoxicated (PWI) in Texas?
Being arrested for parking while intoxicated (PWI) in Texas can lead to serious legal consequences. The charges can vary depending on the circumstances of the offense, but common penalties can include hefty fines, potential jail time, the possibility of a criminal record, and the suspension of your driver’s license. Navigating the complex court and administrative proceedings can be overwhelming, and it’s crucial to have a knowledgeable legal team on your side to ensure that your rights are protected and that you have the best chance for a successful outcome.
PWI is defined under Texas Penal Code Chapter 49, Title 10, covering intoxication and alcoholic beverage offenses. Many people are confused when consulting the criminal code because the phrase “parking while intoxicated” does not literally appear in the penal code. This is because PWI is not an “official” offense. Rather, people who are found to be parked while intoxicated are still charged with DWI. This can be confusing because being parked necessarily means you were not driving at the time. The reason for this confusion is that, in order to be charged with a DWI, you do not have to be actually driving the vehicle at the time. Rather, DWIs are issued for people who are in control of a motor vehicle. This means that, even if you were not actively driving at the time, you have the ability to drive the vehicle. This means that even if you are not actively driving a vehicle, but you have the keys in your pocket or in the ignition, and you are intoxicated, you may still be charged with PWI. You may be charged with PWI even if:
- You Were Asleep in the Car, but the Keys Were in the Ignition
- You Were Outside Your Vehicle on the Side of the Road with Keys in Your Possession
- You Were Sitting in the Front Seat with the Keys in your Lap
In each of these scenarios, a police officer may argue they have reasonable suspicion that you had either just finished driving while intoxicated or were taking steps to drive under the influence. Further, an officer could argue that it was a reasonable step for public safety to place you under arrest. This means that someone actively attempting not to drive while impaired can still find themselves under arrest. This is why if you or a loved one has been arrested for parking while intoxicated in Collin County, contact our experienced and compassionate defense attorneys.
What are Some Common Charges Associated with DWI/PWI in Texas?
Someone charged with DWI/PWI faces a variety of charges depending on the precise circumstances, including whether you have ever been charged with a DWI/PWI before, whether anyone was harmed in conjunction with your case, where the offense took place, and who was with you at the time. DWI/PWI offenses committed in certain areas, like school zones, carry heavier penalties. You may also face harsher penalties and additional jail time if a minor were present in the vehicle with you.
Some potential charges facing a person arrested for PWI include, but are not necessarily limited to:
First Offense DWI/PWI
A first-time DWI offense can result in fines up to $2,000, a potential jail sentence of up to 180 days, and a driver’s license suspension for up to one year.
Subsequent DWI/PWI Offenses
Repeat offenses can lead to significantly harsher penalties, including increased fines, longer jail time, and an extended driver’s license suspension.
Intoxication Assault
If an individual causes serious bodily injury to another while operating a motor vehicle under the influence, they can face charges of intoxication assault, which is a third-degree felony in Texas.
Intoxication Manslaughter
Accidents resulting in the death of another individual can lead to charges of intoxication manslaughter, which is a second-degree felony with severe penalties, including a potential prison sentence ranging from 2 to 20 years.
We understand the importance of thoroughly examining the details of your case to identify any potential procedural errors or violations of your rights. Our goal is to minimize the impact of the charges on your life and future opportunities. With a proactive and strategic approach, we aim to secure the most favorable resolution possible, whether through plea bargaining, exploring alternative sentencing options, or fighting for an acquittal in court.
What are Some Common Mistakes to Avoid After a PWI Arrest in Texas?
Facing a PWI charge in Texas can be a daunting experience, and it’s essential to approach the situation with caution and awareness. In the aftermath of an arrest, certain actions can potentially harm your case and lead to more severe consequences. Understanding the common mistakes to avoid can be crucial in protecting your rights and building a strong defense.
Admitting Guilt Without Legal Counsel
One of the most critical mistakes individuals make after a PWI arrest is admitting guilt or providing self-incriminating statements to law enforcement without the guidance of a qualified attorney. It’s important to remember that you have the right to remain silent and the right to legal representation. Speaking with an experienced PWI attorney from Wilder Law Firm can help you navigate the legal complexities and ensure that your rights are protected throughout the process.
Neglecting to Understand the Implications
Failing to grasp the full legal implications of a PWI charge can be detrimental. It’s essential to understand the potential consequences, including fines, license suspension, and the possibility of a criminal record. Consulting with our knowledgeable Plano and Collin County PWI attorneys at Wilder Law Firm can provide you with the necessary insights to make informed decisions and pursue the best possible outcome for your case.
Delaying Legal Action
Procrastinating in seeking legal representation after a PWI arrest can limit your options and weaken your defense. Time is of the essence in building a robust case and exploring all available avenues for a favorable resolution. Contacting Wilder Law Firm promptly allows us to assess your case, gather evidence, and develop a comprehensive strategy to defend your rights effectively.
What Are Some Common Defenses to PWI in Plano, Collin County?
Building a strong defense involves demonstrating to the court that you had no intention of driving under the influence, and that the circumstances under which you were arrested were not strong enough to support this belief. This is why, if someone has been drinking, there are certain steps to take to avoid a potential PWI arrest. For example, if you place the keys in the glove box of your car and then get into the back seat to sleep or rest, an attorney could successfully argue that this proves you had no intention of leaving soon. Similarly, if you are in front of a vehicle but have placed the keys in a difficult-to-reach or inaccessible location, such as the glove box or the trunk (if you can manually open the trunk from inside the vehicle), an attorney may successfully argue that this proves a lack of intent.
If you have been drinking and even think you may become intoxicated, even if you are not intoxicated at the time you leave, it’s best to stay on the premises. For example, say you were at a work function and drank alcohol. At the time the function ends, you do not feel intoxicated, and decide to leave. On the way home, it “hits you” and you feel unsafe to drive. Even if you pull over to the side of the road to “wait it out” or simply assess the situation, you may still be arrested. Staying in a parking lot or at the scene of a social function helps reduce the evidence that can be used to establish that you intended to drive.
These are a few potential strategies to avoid charges. If you have been charged, one of the attorneys at the Wilder Law Firm can review your case and build a strong defense strategy to protect you.
Frequently Asked Questions (FAQs) – Plano Parking While Intoxicated Attorneys
Here, we address some of the common questions individuals who have recently been arrested for parking while intoxicated in Texas might have. If you find yourself in this situation, it’s essential to have accurate information and guidance from an experienced attorney. Wilder Law Firm is here to help you navigate the legal process and provide answers to your questions.
Parking While Intoxicated Client Story
In the heart of Plano, Texas, a man named Roy found himself in a predicament he had never imagined. One evening, after a gathering with friends, he made a fateful decision to get behind the wheel while under the influence. It was a decision that would change his life, setting him on a path where the consequences of his actions loomed large.
Roy soon faced the daunting reality of a parking while intoxicated (PWI) charge, and his future hung in the balance. As the weight of the situation pressed down on him, he knew he needed guidance, someone who could navigate the complex legal system and help him find a way out of this dark chapter.
That guiding light appeared in the form of Douglas Wilder, a dedicated attorney at Wilder Law Firm. Roy’s first encounter with Douglas was a turning point in his journey through the legal maze. With a compassionate yet determined demeanor, Wilder listened to Roy’s story, understanding the fear, anxiety, and remorse that Roy was feeling.
Wilder’s reassurance was a beacon of hope for Roy. He explained the legal process, the potential consequences of a PWI conviction, and most importantly, the strategies they could employ to clear Roy’s name. It wasn’t just about the law; it was about helping Roy rebuild his life.
Together, they embarked on a challenging journey to prove Roy’s innocence. Douglas scrutinized every detail of the case, leaving no stone unturned. He interviewed witnesses, studied the evidence, and fought relentlessly to expose any weaknesses in the prosecution’s arguments. Roy wasn’t just another case for Douglas; he was a person with dreams, hopes, and a future that deserved a second chance.
As the days turned into weeks and the court proceedings unfolded, Douglas’s experience and commitment shone brightly. He stood by Roy’s side, guiding him through the complexities of the courtroom and ensuring that every aspect of the case was thoroughly examined. Roy was no longer alone in his struggle; he had a tireless advocate in Douglas Wilder.
The day of the verdict was a pivotal moment in Roy’s life. The weight of the trial bore down on him, and he couldn’t help but feel anxious. As the judge pronounced the words “not guilty,” a wave of relief washed over him. His life was given a second chance, and the future now held new possibilities.
What Should I Do if I’ve Been Arrested for PWI in Plano?
In your time of uncertainty and legal challenges, Wilder Law Firm stands as a beacon of support for those who have found themselves facing parking while intoxicated (PWI) charges in Texas. Our experienced team of Plano parking while intoxicated attorneys is dedicated to guiding you through this difficult chapter and pursuing the best possible outcome for your case.
When you choose Wilder Law Firm, you’re not just hiring legal representation; you’re gaining a committed advocate who will fight for your rights and work tirelessly to help you overcome the hurdles in your path. We understand the anxieties and worries that come with a PWI arrest, and we’re here to offer you a reassuring hand throughout the legal process.
Our firm offers free consultations because we believe in providing you with the information and guidance you need to make informed decisions about your defense strategy. We’ll take the time to listen to your unique situation and answer any questions you may have.
As your Collin County PWI attorneys, we will leave no stone unturned in our pursuit of justice. We will develop a strategic defense plan tailored to your case, explore every available avenue to secure the best possible outcome, and stand by your side through every step of the legal proceedings.
We understand that facing PWI charges can be overwhelming, but you don’t have to go through it alone. With Wilder Law Firm, you have a dedicated partner who will work relentlessly to protect your rights, your future, and your peace of mind.
If you or someone you know has been arrested for parking while intoxicated in Plano, don’t hesitate to reach out to Wilder Law Firm. Contact us today, and let us help you find your way to a brighter tomorrow. Your future is worth fighting for, and we’re here to help you do just that.
Don’t hesitate; if you or a loved one has been arrested for parking while intoxicated (PWI/DWI) in Collin County, call 214-949-4687 to schedule your free consultation.
