The Lasting Consequences of a DWI Conviction in Texas

A charge of driving while intoxicated (DWI) in Texas can be very stressful to deal with. If convicted of this charge, you face not only the threat of incarceration, but the suspension of your license as well. However, an accusation of DWI does not necessarily mean that you are guilty. A Cooke County, TX drunk driving defense lawyer can help you fight these charges, exploring different legal strategies suited to your case. At Magaña & Van Dyke, we have prior experience handling allegations of DWI, and we have successfully gotten charges dismissed for a repeat DWI. You can count on our firm to provide you with strong counsel and representation throughout your case as we seek the best possible outcome. Three Possible Defenses for a Drunk Driving Charge in Texas The best defense for a drunk driving charge should be carefully tailored to your individual circumstances. Our firm can meet with you to discuss the details of your case and develop an individualized defense strategy. Unlawful Traffic Stops Police need to follow certain procedures to pull motorists over for traffic stops. When these procedures are not followed, it could constitute a violation of your rights. In Texas, police need reasonable suspicion in order to pull you over. This essentially means that the officer needs to have reason to believe that you committed or were in the process of committing a crime. If the officer cannot articulate his or her reason for the traffic stop, like witnessing you swerving between lanes or speeding, it might be deemed an illegal stop, and any evidence obtained from the stop could be suppressed. Lack of Evidence In a DWI case, keep in mind that the prosecutor needs to prove your guilt beyond a reasonable doubt. The case against you could be dismissed if there is not enough evidence to suggest that you were either driving with a blood alcohol concentration of .08 percent or more or driving while your physical or mental faculties were impaired by drugs or alcohol. Additionally, the statute for DWI ( Texas Penal Code Sec 49.02) also specifies that you can only be charged with this offense while operating a motor vehicle in a public place. If you can demonstrate that you were not in a public place or that you were not actually driving the vehicle, the prosecution’s case could be weakened. Inaccurate Test Results Law enforcement officers use field sobriety tests and chemical blood or breath tests to gauge a driver’s degree of intoxication. However, the validity of these tests can be scrutinized and challenged by a skilled DWI defense lawyer. A driver’s performance of field sobriety tests can be skewed by external factors like sleet or poorly maintained roads. Similarly, chemical testing equipment needs to be properly calibrated and regularly maintained. Even if the BAC readings are only slightly off, there is a significant difference between a result of .06 percent and .08 percent. Contact a Denton County, TX Criminal Defense Lawyer If you have been accused of driving while intoxicated, do not hesitate to seek legal representation. Our Cooke County, TX drunk driving defense attorneys are here to stand up for you in court. Call Magaña & Van Dyke at 940-382-1976 to schedule a free consultation today.

Usually, the term " driving while intoxicated " is associated with alcohol. However, it can also apply to dangerous controlled substances that can impair your faculties. If you are accused of driving while intoxicated by drugs, you could face serious penalties in a court of law. With the help of a Texas criminal defense lawyer, you can fight a drug DWI charge. If you have been arrested on DWI charges, you should get in contact with a qualified legal professional at the earliest opportunity. At Magaña & Van Dyke, we have experience handling difficult, high-stakes cases, including charges of DWI. What Is the Legal Definition of Driving While Intoxicated in Texas? According to the Texas Penal Code, you can be considered legally intoxicated if you do not have "the normal use of mental or physical faculties" due to some combination of alcohol, a controlled substance, or a drug in your system. DWI is simply defined as operating a motor vehicle while intoxicated in a public place. The punishments for DWI vary depending on the severity of the act. By itself, DWI is charged as a Class B misdemeanor, carrying a sentence of up to 180 days in jail. However, the statute for DWI specifically mentions that a conviction carries a minimum of 72 hours behind bars. You can also face enhanced penalties under certain circumstances, such as if there was a child passenger in the vehicle. Is Evidence Different in Drug DWI Cases? In a "standard" alcohol DWI case, police use a metric called blood alcohol concentration (BAC) to determine if a driver is drunk or not. At a BAC of .08 percent or higher, you can be considered legally intoxicated. In drug DWI cases, there is no real equivalent to BAC. Chemical testing can reveal the presence of a controlled substance in your body, but drugs can linger in your system for days or even weeks. As such, the prosecution may have a more difficult time proving that you were intoxicated at the time you were pulled over. Instead, the prosecution might focus on your behavior at the time of your arrest. Can I Be Charged With a Crime for Driving While Intoxicated by a Prescription Drug? Some prescription medications – like medical cannabis products – can impair your normal faculties. Though you may have a legal right to possess or use these medications, it is not a defense against DWI charges in Texas. This is stated clearly in the Texas Penal Code, which provides that you can still be prosecuted even if you are "entitled to use" a controlled substance or drug. If you have been charged with DWI resulting from a prescribed drug, you should seek out an attorney as soon as possible. At Magaña & Van Dyke, we can employ different legal strategies, such as challenging the legality of the traffic stop. Contact a Cooke County, TX Drug DWI Defense Lawyer Though there may be a different investigative process in a drug DWI case, the penalties are no less severe. Our Denton County, TX intoxicated driving defense attorney can represent you in court and aggressively protect your rights. Call our offices at 940-382-1976 to arrange a free consultation today.

A charge of driving while intoxicated (DWI) can be frightening to deal with – especially if you were mistakenly accused of being impaired at the wheel. A Texas DWI conviction can have immediate consequences, ranging from jail time to the suspension of your license. Worse, the long-term effects of a criminal conviction could follow you for years to come. With this in mind, it is important that you challenge any false accusations of DWI. A Texas DWI defense lawyer can provide you with aggressive representation in court, exploring all avenues to support your case. At Magaña & Van Dyke, our criminal defense attorneys are here to fight for your rights, as we treat every client as an individual deserving of respect and dignity. Medical Conditions Mistaken for Drunkenness Can Lead to DWI Charges There are a whole host of medical conditions that an unaware police officer might mistake for impairment. For instance, a pronounced speech impediment could be interpreted as intoxication-related slurred speech. If you have been arrested and charged with DWI for a medical condition that is out of your control, our attorneys are ready to advocate for you. We can help compile documentation about your condition and present it for the court’s consideration, making a case for your rights. Rising BAC Can Give False Positives for DWI Police officers often use blood alcohol concentration (BAC) as evidence for DWI cases. At .08 percent BAC, you are legally considered intoxicated. While BAC is a more scientific measure of sobriety, it is not always accurate. In some cases, a driver’s blood alcohol concentration can be skewed by his or her most recent drink. This can lead to BAC readings that might not reliably indicate the driver’s real degree of impairment. Suppose that you were pulled over and arrested on suspicion of DWI. Your BAC could have risen over the legal limit by the time you were tested at the police station. At Magaña & Van Dyke, we can closely examine the results of chemical testing as well as the timing of your arrest and the test. Poor Conditions for Field Sobriety Tests Field sobriety tests allow police officers to obtain evidence to justify a DWI arrest. If a driver exhibits unstable balance or poor coordination during a field sobriety test, the results of the tests could be used against him or her. However, field sobriety tests are rarely administered in ideal conditions. Low light, fog, rain, sleet, or other factors can easily cause a sober person to fail a field sobriety test. Our lawyers will review the procedures used by the officers during the tests to see if the results hold up. Meet With a Cooke County, TX DWI Defense Lawyer Have you been accused of DWI while not actually drunk? If so, seeking out legal representation is in your best interests. At Magaña & Van Dyke, our Denton County, TX DWI defense attorneys have years of experience representing clients who were falsely accused of drunk driving. We will prepare a legal strategy for your defense, accounting for the specific circumstances of your arrest. Call us at 940-382-1976 to schedule a free consultation today.