Judges, prosecutors, and the police consider driving while intoxicated a considerable public safety concern; a motorist’s impaired physical abilities and judgment pose a threat to other road users. A third-time DWI conviction carries severe penalties, including losing your driver’s license, serving time or probation, paying hefty fines, paying higher insurance premiums, and having a permanent criminal record. If you are facing criminal charges, seeking immediate legal representation to protect your freedom and rights would be in your best interest.

Texas Third Driving While Intoxicated Law

It is a crime to operate a car in a public place while impaired by a controlled substance, alcohol, or a combination of both. Intoxication means failing to use your physical and mental abilities after drinking alcohol or ingesting intoxicating substances.

The law also bans operating a watercraft or aircraft while drunk.

Per Se Driving While Intoxicated Law

The law considers you intoxicated/drunk if your blood alcohol concentration is at least 0.08%. The BAC limit is known as per se law (meaning by itself).

If the police conduct chemical tests like breath, urine, or blood tests and find the BAC is above 0.08 percent, you will be charged with DWI. The criminal charges apply even when you are operating your motor vehicle well and do not look drunk. Evidence of the BAC is all the prosecuting agency requires to file drunk driving charges against you.

Implied Consent

Once a law enforcer thinks you are driving your car while drunk, they will request you to undergo several tests, like field sobriety tests and preliminary breathalyzer tests. After your arrest, the officer will request that you take chemical tests to verify the BAC.

Under implied consent law, you have agreed to take chemical tests by driving your car within Texas. While you can refuse to submit to preliminary breath tests without facing criminal penalties, that is not true with chemical tests. A first refusal can lead to the Texas Department of Public Safety suspending your driver’s license for six months, while a second refusal carries a two-year license suspension.

Criminal Penalties

According to Texas PC 49.09b, a DWI crime is a felony of the third degree if you have two previous drunk driving convictions.

Unlike some states, Texas does not have a look-back period where a previous conviction counts towards a subsequent crime if the prior DWI occurred within a given duration. The third-time DWI conviction is a felony if you have two previous drunk driving convictions, regardless of how long ago.

The felony conviction carries the following potential penalties:

  • A maximum of ten thousand dollars in fine
  • Suspension of your driver’s license for two years
  • Up to ten years in prison

Sometimes, the judge might require you to serve probation. Serving probation means if you abide by your supervised release or program and avoid violating another crime, you could avoid serving most of your sentence. Even with a plea bargain probating your sentence, you must serve at least ten days in jail as part of your deal. The judge cannot probate or waive your ten-day sentence.

If you are eligible for probation, the prosecution should offer it as part of your plea bargain agreement, which the judge must approve. To complete your probation requirement, you must fulfill the following:

  • Complete community service
  • Engage in a DWI intervention program
  • Enroll in substance abuse classes or counseling

Legal Defenses to Fight Your Criminal Charges

Your skilled defense attorney should listen to your version of the story, collect and analyze evidence, and develop a practical legal strategy to help you obtain the most favorable case outcome. Effective defenses to a DWI charge can include the following:

Lack of Probable Cause

Probable cause means the legitimate reason a police officer may have to make a DWI traffic stop. If there was no probable cause in your case, that could be a strong defense to beat the charge.

Successfully contesting the availability of probable cause may result in the exclusion of crucial evidence, potentially leading to a dismissal of the DWI charge.

Inaccurate Blood Tests or Breathalyzer Results

Chemical tests have a significant role in DWI cases. Nevertheless, their accuracy depends on proper administration and appropriate preparation for testing equipment. Errors during the testing procedure, handling of samples, or equipment preparation may lead to unreliable results.

Contesting the accuracy of those tests is a formidable defense; false BAC readings could question the validity of the DWI charges.

Faulty Field Sobriety Tests

Police administer field sobriety tests (FSTs) at DWI traffic stops. Some of the FSTs include standing on one leg and walk-and-turn tests. Nevertheless, these tests may be inherently flawed because their accuracy is based on different factors, including an individual’s physical fitness or environmental conditions. The tests are also subject to the arresting officer’s interpretation, hence susceptible to potential bias.

Unprofessional Police Procedures

This might be a solid defense if the arresting officer did not adhere to professional conduct and procedures while conducting the drunk driving tests. You can win the case by demonstrating that the officers did an unlawful search or did not read your Miranda rights.

Rising BAC Theory

Rising BAC means that an individual’s BAC content may continue to increase. Your BAC could continue to rise even after you have stopped drinking. The defense challenges the accuracy of BAC readings taken during the arrest.

What to Expect During Your Administrative License Revocation Hearing

Police use chemical tests to determine whether you are drunk. If you fail or refuse the test, they will seize your driver’s license and issue you a temporary license instead.

You have 15 days from your arrest date to request an Administrative License Hearing with the Department of Public Safety. The hearing differs from your criminal charges and focuses on your driver’s license fate.  

If you fail to request the hearing, the DPS will suspend your license for two years. The suspension will be effective after 40 days following your arrest.

After submitting your request, the DPS will respond with a letter that includes the location, time, and date of your hearing.

An Administrative License Hearing (ALR) is an opportunity to formally challenge your license’s suspension. The hearing also allows your lawyer to start preparing for your drunk driving criminal case. The ALR hearing is a mini-trial before an Administrative Law Judge. You and the state prosecutor can make arguments, present evidence, and cross-examine witnesses.

Things to expect during an ALR hearing include the following:

Defense Arguments

Your lawyer’' task is to persuade the ALJ why they should not withdraw your driving privileges. Their arguments could be successful if they have a strong defense, like there was a violation of your rights or the chemical testing results were invalid.

Your arguments to challenge the administrative case could yield a favorable outcome.

The State’s Arguments

The state could dispute your lawyer's arguments, but achieving the intended effect could be difficult if your lawyer has presented strong case evidence in your defense.

Witness Testimony

Before your hearing, your attorney will ask for all the evidence of your DWI case. The evidence can include video footage, arresting officer’s notes, and statements.

If the arresting police officer is present at the hearing, your lawyer will cross-examine them. The officer should defend or explain any inconsistencies found during evidence analysis.

Remember, if the arresting police officer does not appear in court, your odds of winning the ALR case increase significantly. With the officer's appearance, the prosecution may satisfy the burden of proof.

Deliberations Phase

The ALJ will review both parties' arguments and testimonies, present evidence carefully, and then render a verdict.

If the judge rules in your favor, you will keep your license. If you lose the case, the DPS will suspend your driver’s license.

Ignition Interlock Device

An ignition interlock device (IID) is a mini-breathalyzer equipment installed on a car's steering.

Before starting the vehicle, you have to first blow into the equipment and submit an alcohol breath sample. If the ignition interlock device detects alcohol content levels, you cannot start the car.

If you successfully start the vehicle, the IID will require you to provide random samples within 5 (five) to fifteen minutes of starting your car and then every fifty-five minutes.

If you fail the alcohol test following the start of your vehicle, you could still drive your car. However, the ignition interlock device will record a failed alcohol test that is eventually relayed to the court.

Remember, an ignition interlock device detects your breath's alcohol content. It does not record an individual’s blood alcohol concentration (BAC) directly.

Interlock ignition devices can detect:

  • All breath results
  • Whether you or another person is tampering with the device
  • Engine start-ups and stops

Texas is a judicial ignition interlock state, and the judge determines how long you should install the IID. Following your DWI conviction, you should install the IID for a year or two.

The cost of an IID is from $70 to $100 monthly. The service provider might also charge you an installation fee of $75.

How to Install an IID

You require a certified service provider to install the IID.

Once the judge orders you to install the IID, the state will give you a list of authorized service providers. After choosing your preferred service provider, you should schedule an appointment. The provider will require you to provide more information like your criminal case number, car model, make, registration information, and court order.

After installing the IID, your service provider should optimize their connectivity to your car’s ignition, offer a breath sample, and perform the necessary calibration for the IID to give correct BAC results.

Finally, the company should train you to perform breathalyzer tests, take subsequent retests, and monitor your breathalyzer information.

A Breakdown of How Much Facing a DWI Charge Will Cost

Here are the additional costs of facing a DWI criminal charge:

Attorney Fees

Your legal counsel fees could be between $3,000 and $15,000.

The cost varies significantly based on the complexities of your case, which can impact the total lawyer fees. Simple DWI cases can result in fewer lawyer fees than more complex cases.

An example is a third-time DWI offender who did not cause an accident in the offense but was arrested for driving recklessly. In this case, your attorney fees may be lower because your lawyer will assist you in achieving a case resolution promptly with fewer billable hours.

In contrast, if you refused to take chemical tests because you believe officers made the traffic stop without any probable cause and your field sobriety test results fail to prove that you were intoxicated, Under those circumstances, your lawyer will work extensively to assist you in contesting the DWI charges. They will prepare for the trial by filing pre-trial motions, working with field sobriety tests (FST) experts, and interviewing witnesses before representing you in court.

The listed case preparations require more time, generating multiple billable hours and higher lawyer fees.

The costs may increase further if your DWI causes an accident, harm, or death.

Vehicle Insurance Premiums

Different factors can increase insurance rates following a DWI, including:

  • Your insurance policy
  • Your accident history
  • Your DWI arrests
  • Whether anyone got injured in the accident
  • Whether you have any previous DWI convictions
  • The number of points on your driving record

But your premium rates may increase further if:

  • Your arrest occurred while you had other DWI convictions
  • Your driver’s license has been previously suspended
  • Your arrest occurred in an area considered for high insurance rate increases

What Should You Do If Arrested for DWI?

The steps you take after your arrest determine whether you will obtain a favorable case outcome. These measures could include the following:

Do Not Overshare Information About Your Charges

The 5th Amendment to the U.S. Constitution guarantees the right to remain silent, protecting you against self-incrimination.

The purpose of police interrogation is not to determine your innocence or guilt but to gather evidence that could result in prosecution. So, exercising this right until you seek legal assistance ensures you do not compromise your defenses. The approach does not mean you admit guilt but is a measure to protect your interests and rights. The prosecution team could use every statement you make to the police against you.

Do Not Decline a BAC Tests

While you have the legal right to decline field sobriety tests, you should not refuse chemical tests. Refusing to submit to chemical tests could reflect poorly on you and significantly harm your chances of beating the DWI case.

Document Everything

Details are crucial in a DWI case because a case can be won or lost based on a seemingly insignificant event. Therefore, you should make an effort to record everything that occurred. The best method would be to write everything, including where, when, and why the arresting officer made the traffic stop and the tests they administered.

Hire a Lawyer

An arrest can leave you frustrated and confused. That is where a defense lawyer comes in. Speaking with the police, posing bail, and filing the relevant paperwork is overwhelming. Additionally, getting the steps wrong could lead to additional criminal penalties. Here are the benefits of consulting an attorney:

  • They understand the legal jungle — Legal systems have complicated procedures and laws. An experienced lawyer demystifies it and can offer you strategic guidance and clarity. They can also help you know your criminal charges and develop strong defense strategies.
  • They can save you money and time — Since the legal process can be time-consuming, you can benefit when you partner with a skilled lawyer who can pay attention to the case’s legal aspects, allowing you to work and spend time with your loved ones. They could also benefit your finances by mitigating fines and accelerating court hearings, reducing court costs.
  • Engage in plea bargain negotiations — The prosecutor might offer you a plea bargain. It is a chance to plead guilty to a reduced criminal charge in return for a lesser sentence. However, before taking the prosecutor’s offer, your lawyer will review your legal defense to check whether your charges could be dismissed.
  • Prepare for your case trial — If your DWI case proceeds to trial, your lawyer will develop solid defense strategies. That way, they can answer all questions the prosecution might ask, increasing your chances of obtaining more favorable case outcomes. 

Request an ALR Hearing

If you fail to ask for an ALR hearing following your arrest, your driver’s license will receive a suspension automatically. Requesting the ALR hearing prevents the suspension, and you can continue enjoying driving privileges until the DPS determines your license’s fate.

Find Competent Legal Representation Near Me

Being arrested for DWI can be an intimidating, demeaning, and confusing experience. From the police pulling you over to being handcuffed, you might find yourself in a nightmare that you cannot seem to wake up from. Consequently, you need a defense lawyer and access to legal information about your constitutional rights and how to defend yourself against criminal charges.

For years, the Fort Worth DWI Defense Lawyer has helped many clients handle ALR hearings and criminal court proceedings. We can help you navigate the complicated criminal judicial process, fight for your rights, and offer you aggressive and proactive legal representation to fight your charges, ultimately helping you obtain the best possible case results. Please call us at 817-470-2128 to schedule your free, confidential, and no-obligation case review.