Driving While Intoxicated (DWI) charges in Texas are serious legal matters that can have far-reaching consequences. In Texas, a DWI charge is not just a traffic violation; it is a criminal offense that can result in severe penalties, including heavy fines, loss of driving privileges, and even jail time. Texas law is stringent when it comes to impaired driving, and understanding the legal landscape is crucial for anyone facing such charges. A DWI charge is defined under Texas Penal Code § 49.04 as operating a motor vehicle in a public place while intoxicated. Intoxication can be proven in two ways: by demonstrating a blood alcohol concentration (BAC) of 0.08% or higher or by showing that the driver has lost the normal use of mental or physical faculties due to the consumption of alcohol, drugs, or a combination thereof.
PROTECTING YOUR RIGHTS AND FUTURE Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
Criminal Defense Attorney
Douglas Wilder
The penalties for a DWI conviction can vary depending on several factors, including the driver’s prior criminal record, the presence of minors in the vehicle, and whether any accidents occurred as a result of the impaired driving. For a first-time offense, the penalties can include fines up to $2,000, jail time ranging from three to 180 days, and a license suspension for up to one year. Subsequent offenses carry even harsher penalties, with second offenses resulting in fines up to $4,000, jail time from one month to one year, and a license suspension for up to two years. Third and subsequent offenses are classified as felonies, with even more severe consequences, including substantial fines, extended prison sentences, and long-term or permanent license revocation.
Initial Steps After a DWI Arrest
The moments following a DWI arrest in Texas can be overwhelming and confusing. Knowing the appropriate steps to take immediately can significantly impact the outcome of the case. First and foremost, it is essential to exercise the right to remain silent. Anything said to law enforcement officers can be used as evidence in court. It is advisable to politely decline answering any questions until legal representation is present. Upon arrest, the driver will be taken to a local law enforcement facility for booking, which includes photographing and fingerprinting. During this process, the police may request the driver to submit to a chemical test, such as a breathalyzer or blood test, to determine BAC levels. Texas has an implied consent law, meaning that by driving on Texas roads, drivers have implicitly agreed to submit to chemical tests if suspected of DWI. Refusal to take the test can result in an automatic license suspension, separate from any criminal penalties.
After the booking process, the driver will have the opportunity to post bail and be released from custody. It is critical to contact a DWI attorney as soon as possible to discuss the case and begin formulating a defense strategy. The attorney will review all aspects of the arrest, including the legality of the traffic stop, the administration of sobriety tests, and the procedures followed by law enforcement officers. This review is crucial for identifying any potential violations of the driver’s rights that could be leveraged in building a defense.
PROTECTING YOUR RIGHTS AND FUTURE Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
Criminal Defense Attorney
Douglas Wilder
Challenging the Legality of the Traffic Stop
One of the most effective strategies in defending against a DWI charge in Texas is challenging the legality of the initial traffic stop. Law enforcement officers must have reasonable suspicion to pull over a vehicle. Reasonable suspicion means that the officer must have specific, articulable facts indicating that the driver has committed, is committing, or is about to commit a crime. In the context of a DWI stop, this could include observing erratic driving behaviors such as swerving, speeding, or failing to obey traffic signals. If the defense can demonstrate that the officer lacked reasonable suspicion to initiate the traffic stop, any evidence obtained during the stop, including the results of sobriety tests and chemical tests, may be deemed inadmissible in court. This can significantly weaken the prosecution’s case and increase the likelihood of a favorable outcome for the defendant.
To challenge the legality of the traffic stop, the defense attorney will carefully review the police report and any available dashcam or bodycam footage. The attorney will look for inconsistencies in the officer’s account and any indications that the stop was conducted without the necessary legal justification. If the defense can show that the stop was unlawful, they can file a motion to suppress the evidence obtained as a result of the stop. If successful, this motion can lead to the dismissal of the charges or a significant reduction in the severity of the penalties.
Questioning the Administration of Field Sobriety Tests
Field sobriety tests are commonly used by law enforcement officers to assess a driver’s level of impairment. These tests typically include the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test. However, the accuracy and reliability of these tests can be called into question, and challenging their administration is another viable defense strategy. Field sobriety tests are highly subjective, and their results can be influenced by a variety of factors unrelated to alcohol consumption. For example, medical conditions, fatigue, nervousness, or even uneven road surfaces can affect a driver’s performance on these tests. Additionally, the tests must be administered according to specific protocols established by the National Highway Traffic Safety Administration (NHTSA). Any deviations from these protocols can compromise the validity of the test results.
Better call Doug!! Doug is the best lawyer you can find for DWI or DUI cases in Dallas. I read many reviews before choosing Doug for representing my case. Doug handled DWI and DUI cases for last 25 years, He has good relationships with DA office and is Well respected in the community. I have peace of mind with plea bargain today for my case. He also won other case filed on my license suspension. Amy (Paralegal) will help you through out the case. She is very persistent and detailed about the case details. You will never go wrong for chosing Doug. Goodluck. !!” - Anil Lingutla I was charged with a DWI and resisting arrest. Knowing Mr. Wilder previously, I went with the Wilder Law Firm to help me out. Their office was able to get my resisting charge thrown out and reduced my DWI charge for me. This result and lesser sentence allows me a better opportunity to recover from the mistake I made. I appreciate Megan being so kind and patient with me during my process. I would recommend her 10/10." - Isaac Harrell After being arrested for DUI, I contacted Doug Wilder upon recommendation. Mr. Wilder and his entire staff were amazing with their professional handling of my case from start to finish. Every time I rang with questions someone answered the phone, no long waits for a return call. This was important to me considering a DUI is so stressful. Mr. Wilder and his staff not only got my case dismissed but also guided me through the process and offered utmost care. I cannot thank them enough and highly recommend the Wilder Firm." - JJ Canter
A defense attorney will examine the circumstances under which the field sobriety tests were conducted to identify any potential errors or irregularities. This examination includes reviewing the officer’s training records, the environmental conditions at the time of the tests, and any physical or medical conditions that the driver may have had. If the defense can demonstrate that the tests were not administered correctly or that the results are unreliable, they can argue that the tests should not be used as evidence of impairment. This can further weaken the prosecution’s case and increase the chances of a favorable outcome for the defendant.
Contesting the Results of Chemical Tests
Chemical tests, such as breath, blood, or urine tests, are used to measure a driver’s BAC and are often a critical component of the prosecution’s case in a DWI charge. However, the accuracy of these tests can be challenged on several grounds. Breathalyzer tests, in particular, are prone to errors. Factors such as the calibration of the device, the administration of the test, and the presence of certain substances in the driver’s mouth can affect the test results. For example, residual alcohol from mouthwash or certain medical conditions such as acid reflux can lead to falsely elevated BAC readings. Blood tests, while generally more accurate than breath tests, can also be contested. The defense can challenge the procedures followed in collecting, storing, and analyzing the blood sample. Issues such as improper handling, contamination, or delays in testing can compromise the integrity of the sample and lead to inaccurate results.
To contest the results of chemical tests, the defense attorney will scrutinize the procedures followed by law enforcement and any medical personnel involved in the testing process. This scrutiny includes reviewing maintenance and calibration records for breathalyzer devices, chain of custody documentation for blood samples, and any protocols followed during the testing process. If the defense can identify any procedural errors or factors that could have affected the accuracy of the test results, they can argue that the results should not be considered reliable evidence of impairment. This can significantly undermine the prosecution’s case and increase the likelihood of a favorable outcome for the defendant.
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Exploring Alternative Explanations for Impairment
In some cases, it may be beneficial for the defense to present alternative explanations for the driver’s apparent impairment. There are numerous medical conditions, medications, and other factors that can mimic the signs of intoxication and affect a driver’s performance on field sobriety tests and chemical tests. For example, conditions such as diabetes, neurological disorders, or even a recent head injury can result in symptoms that resemble those of alcohol impairment. Certain prescription and over-the-counter medications can also produce side effects that affect a driver’s coordination, balance, and cognitive functions. In such cases, the defense can present medical evidence and testimony to explain the driver’s condition and cast doubt on the prosecution’s claim of intoxication.
The defense attorney will work closely with medical professionals to obtain the necessary documentation and testimony to support these alternative explanations. This collaboration may involve reviewing the driver’s medical history, obtaining statements from treating physicians, and consulting with medical specialists who can provide insight into how specific conditions or medications could have affected the driver. By presenting credible alternative explanations for the driver’s behavior, the defense can create reasonable doubt in the minds of the jurors and increase the likelihood of an acquittal or a reduction in charges.
Negotiating Plea Bargains
While vigorously defending against a DWI charge is often the preferred approach, there are situations where negotiating a plea bargain may be in the defendant’s best interest. Plea bargains involve the defendant agreeing to plead guilty to a lesser charge or to accept a reduced sentence in exchange for avoiding the risks and uncertainties of a trial. Plea bargains can be particularly advantageous in cases where the evidence against the defendant is strong or where the potential penalties of a conviction are severe. By negotiating a plea deal, the defendant may be able to avoid jail time, reduce fines, and minimize the long-term impact on their driving record and personal life.
The defense attorney will assess the strength of the prosecution’s case and the potential risks of going to trial before advising the defendant on whether to pursue a plea bargain. If a plea bargain is deemed to be the best course of action, the attorney will negotiate with the prosecutor to achieve the most favorable terms possible. This negotiation may involve advocating for reduced charges, such as pleading to a lesser offense like reckless driving, or seeking alternative sentencing options, such as probation, community service, or participation in a substance abuse treatment program. By effectively negotiating a plea bargain, the defense can help the defendant achieve a more favorable outcome while avoiding the uncertainties and potential severe consequences of a trial.
Preparing for Trial
If a plea bargain is not in the defendant’s best interest or if the prosecution is unwilling to offer favorable terms, the case may proceed to trial. Preparing for a DWI trial requires a thorough and strategic approach to presenting a compelling defense. This preparation includes gathering and organizing all relevant evidence, identifying and interviewing witnesses, and developing a persuasive narrative that highlights the weaknesses in the prosecution’s case. The defense attorney will work closely with the defendant to ensure they are fully prepared for trial. This preparation involves reviewing the details of the case, discussing potential defense strategies, and rehearsing testimony and cross-examination questions. The attorney will also file any necessary pretrial motions, such as motions to suppress evidence or to dismiss the charges, to strengthen the defense’s position.
During the trial, the defense attorney will present a well-organized and persuasive case to the jury. This presentation includes cross-examining the prosecution’s witnesses to expose inconsistencies or weaknesses in their testimony, presenting witnesses to challenge the reliability of the evidence, and delivering a compelling closing argument that emphasizes the reasonable doubt in the prosecution’s case. By effectively preparing for and executing the trial strategy, the defense attorney can maximize the chances of achieving a favorable outcome for the defendant.
Defending Your Rights
Defending against a DWI charge in Texas requires a comprehensive and strategic approach to navigate the complexities of the legal system. At The Wilder Firm, we understand the serious implications of a DWI conviction and are committed to providing dedicated and experienced legal representation to protect your rights and achieve the best possible outcome for your case. If you or a loved one is facing a DWI charge in Texas, do not hesitate to contact us. Our team will work tirelessly to build a strong defense, challenge the evidence, and advocate on your behalf. Contact The Wilder Firm today to schedule a consultation and take the first step toward defending your future.