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Denton DWI Attorney

Denton DWI Lawyer | Magaña & Van Dyke

Denton County DWI Lawyer Serving Denton

A DWI conviction can ruin your life. Being found guilty of a first offense can result in jail time, probation, fines, and/or a driver's license suspension. The punishments increase substantially for each subsequent conviction. Regardless of whether this is your first charge or a subsequent one, the information stays on your criminal record forever, which can have a profound impact on your life for years. Employment, housing, government aid, and other important decisions can be influenced by your history. However, it may be possible to get charges dropped or the case dismissed. To do this, you need the help of an experienced criminal defense lawyer who can work toward minimizing penalties.

At Magaña & Van Dyke, our Denton DWI attorneys have over 20 years of combined experience and have handled thousands of cases. With our extensive knowledge and our empathetic approach, we can effectively guide you through your case and explain the process, allowing you to fully understand what's entailed and make informed decisions about how to proceed. Our team understands the stresses involved in a DWI matter, which is why we will make ourselves personally available to you and be there when you need us.

For an honest assessment of your case, call us at 940-382-1976 or submit an online contact form. We offer a free initial consultation.

DWI Matters We Handle in TX

What Is a DWI in Texas?

In Texas, a person can be charged with DWI (driving while intoxicated) if they get behind the wheel after consuming alcohol and/or drugs.

Specifically, the law provides that a person commits a DWI when they are:

  • Intoxicated
  • While operating a motor vehicle
  • On a public road

Texas Penal Code § 49.01 defines intoxication as either having an amount of alcohol and/or drugs in a person's system that compromises their mental or physical faculties, or having an alcohol concentration at or above the legal limit of .08%. Alcohol concentration is determined by measuring a sample of the person's blood, breath, or urine.

Can a DWI Be Reduced or Dismissed in Texas?

DWI charges are serious, but it may be possible for the charge to be reduced or dismissed altogether. Several defenses can be raised to challenge the State's allegations and cast doubt on the evidence. A skilled Denton DWI attorney will look at the entirety of the situation to build a legal strategy for each particular case.

A DWI charge can be challenged at various parts of the process, including:

  • The stop: Typically, a DWI charge stems from a traffic stop. A police officer must have a valid reason to pull a driver over. For instance, they must have observed some violation of the law, such as the driver running a red light. An officer can't just stop a motorist because they saw the person come out of a bar and they have a hunch that the person is drunk. If the cop does not have probable cause to make the stop, it may be deemed unlawful, and the case could be dismissed.
  • The field sobriety tests: Before an officer can make a DWI arrest, they must have a justifiable reason to do so. Generally, that reason comes from the driver's performance on field sobriety tests, which include a horizontal gaze nystagmus test, a one-leg stand test, and a walk-and-turn test. Although these measurements have long been used to determine whether or not a driver is drunk, they are not perfect assessments. Many factors can result in a "fail," such as health conditions or the officer's inability to properly administer the test. By evaluating the circumstances, an attorney can argue that the results of the test did not accurately reflect the driver's state at the time they were administered. Also, if the video from the officer's patrol car shows that the driver passed the tests, it's possible that the case may be dismissed.
  • The chemical tests: After making a DWI arrest, the officer will request that the driver provide a sample for a blood, breath, or urine test to determine the level of alcohol in their system. The results may indicate that the alcohol concentration level was above the legal limit, but several factors could have produced a false positive. For instance, if the specimen wasn't stored correctly or the machine wasn't properly calibrated, the results may have been skewed. If this is the case, the DWI charge may be reduced or dismissed.

Is a DWI a Misdemeanor or a Felony in Texas?

In Texas, a DWI can be charged as either a misdemeanor or a felony.

Several factors will determine what level the offense is charged at, including, but not limited to, whether:

  • A child under 15 years of age was present in the vehicle.
  • The defendant has any prior DWI convictions.
  • The driver caused an accident resulting in injury or death.

Consult With a Denton County DWI Defense Attorney Today

If you have questions about your DWI charge and need aggressive defense, reach out to Magaña & Van Dyke. We are direct and upfront, and we will help you understand your legal options. Our Denton DWI lawyers will fight aggressively and seek a favorable result in your case.

For the legal representation you need in Denton County, call Magaña & Van Dyke at 940-382-1976 or contact us online and arrange a complimentary consultation.

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