Under Texas law, DWI involves operating a vehicle while intoxicated with alcohol or drugs. A DWI case begins when a traffic officer stops your vehicle on suspicion of intoxication or at a legal checkpoint. The officer will assess your condition and perform different tests before arresting you for driving while intoxicated.

Intoxicated drivers lack the necessary mental capacity to make safe decisions, which can endanger them and other road users. A conviction for DWI attracts severe legal penalties. They include incarceration, fines, probation, and driver's license suspension. Additionally, the conviction will stain your criminal record, which can impact multiple aspects of your life.

If you face DWI charges, you must fight them aggressively to avoid conviction. Texas DUI laws are complex. Therefore, expert legal insight will go a long way for you. Whether you need a lawyer for a DWI charge in Texas depends on the circumstances of the case.

A skilled lawyer can help you navigate the legal system and protect your rights. Additionally, they will guide you through building a solid defense against your DUI charges for a reduction or dismissal.

Factors That Influence Your Decision to Hire a DWI Defense Attorney

The consequences of a conviction for driving while intoxicated in Texas are severe and can last a lifetime. Therefore, when you face charges for this offense, you must aggressively fight them. Working with a lawyer is not mandatory. However, the following factors can help you determine whether you need legal representation:

  • Your Criminal History

Texas law treats repeat offenders harshly. Therefore, the stakes are high for DWI defendants with prior convictions for driving while intoxicated or related offenses. Since DUI is a preferable offense, your previous convictions will impact sentencing in your case. Under these circumstances, you will need a skilled lawyer to help you beat the charges.

  • Whether or Not Your DWI Resulted in an Accident

Driving while intoxicated increases the risk of auto collisions. You could face felony DWI charges if you cause an accident and injuries to another person due to intoxication. Facing a felony charge means you will spend more time behind bars and face more severe collateral consequences.

If you are in this predicament, you should not navigate the DUI case without the guidance of an attorney.

  • Your Blood Alcohol Content Level

The legal BAC limit for drivers with standard driver's licenses in Texas is 0.08%. A vehicle with a higher BAC exceeding the limit attracts DWI charges. The severity of your DWI case increases with the increase in your BAC. Operating on a BAC of 0.15% or more is an aggravating factor that can attract severe legal penalties.

Therefore, if this and other aggravating factors exist in your case, you must hire a reliable attorney.

Why You Need a DWI Defense Lawyer

The insight of a knowledgeable DWI defense lawyer is invaluable when you or a loved one faces charges for driving while intoxicated in Texas. The roles of your attorney in the case will include:

Evaluating the Prosecutor's Evidence

The primary role of a DWI defense attorney in Texas is to evaluate the evidence against you. The prosecution will gather various pieces of evidence to support their case. Before trial, the court allows a discovery phase. During this period, your attorney can review the evidence the prosecution seeks to present. It includes:

  • BAC test results. Your attorney will review the accuracy and legality of the testing procedures. Errors in test administration, equipment maintenance, or calibration issues could provide a defense.
  • Field sobriety test results. Officers may administer field sobriety tests (FSTs) at the scene of your arrest. Your defense lawyer will assess whether the officers administered the tests correctly. The attorney can use the facts to build your defense if errors or external factors affect the results.
  • Video footage. Many police officers wear body cameras that record traffic stops. A defense attorney will request this footage and scrutinize it for potential violations of your rights. Your attorney can use the footage to check for a breach of your constitutional rights and use it for your defense.
  • Witness testimonies. Your DWI lawyer can examine the testimonies of any witnesses or police officers involved in your case. You can challenge the prosecutor's case if any inconsistencies or contradictions exist.

Identify Procedural Errors and Misconduct in the DUI Arrest and Investigation

Several procedural errors can occur during a DWI arrest and investigation and impact your case. Your attorney can use these errors to challenge the prosecutor's case and help you avoid conviction. They include:

  • Improper Administration of Field Sobriety Tests

Field sobriety tests are an essential part of a DUI investigation. Your attorney can challenge the test results if the officer fails to follow standardized procedures.

  • Failure to Read the Miranda Rights

Police officers must read you your Miranda rights before questioning you. Failure to do so makes your statements inadmissible in court.

  • Lack of Probable Cause for the Stop

Texas law requires officers to have probable cause to stop a vehicle. The stop is unlawful if an officer pulls over a driver without a valid reason. Any evidence obtained after an illegal stop is inadmissible.

  • Improper Administration of Breath or Blood Tests

 Breath or blood tests measure blood alcohol concentration. Texas law has strict protocols that officers must follow when administering the tests. If the officers violate the protocols, your attorney can challenge the prosecutor's case.

Negotiate for Plea Deals

If the prosecution has strong evidence against you, your defense attorney can negotiate for a plea bargain. Under Texas DWI law, a plea bargain can involve reducing charges or a more lenient sentence. In exchange, you will plead guilty to a lesser offense, such as reckless driving.

Your attorney's role in this process includes:

  • Assessing the strength of the prosecution's case and advising you on available pleas
  • Negotiating with the prosecution to secure the most favorable plea. A plea deal can mean reduced fines, a shorter license suspension, or avoiding jail time.
  • Providing you with guidance on whether a plea deal is in your best interest based on your circumstances.

Accepting a plea deal is not always in your best interests. If the prosecutor's case against you is weak, you can go through trial and defend against the charges. Your attorney will prepare to go to trial if the terms offered by the prosecution are unfavorable.

Build a Solid Defense Against the Charges

Not all arrests for driving while intoxicated will result in a criminal conviction. Your lawyer will assess the relevant defenses and present them for your case. They include:

  • Unlawful Traffic Stop

A traffic officer must have probable cause to stop your vehicle for a DUI investigation. Your attorney can help you avoid a conviction for DWI by arguing that the stop was unlawful.

  • Improper Administration of Sobriety Tests

Before testing your breath or blood for alcohol or drugs, the traffic officer must administer a field sobriety test. There is a strict protocol for the administration of field sobriety tests. If the officer did not administer the tests correctly, your attorney could ensure the court dismissed the test results.

  • Inaccurate Breathalyzer Results

Your blood and breath tests play a significant role in your DWI case. Before your arrest for DWI in Texas, an officer will administer the breathalyzer test to determine your blood alcohol content. Officers must ensure proper maintenance and calibration of the breathalyzer machines. Your lawyer can challenge the results if the officer uses a faulty machine to test your BAC.

  • Medical Conditions or Medications

Certain medical conditions or medications can cause symptoms that mimic intoxication. These symptoms include slurred speech or difficulty balancing. A skilled attorney can help prove that your symptoms of intoxication resulted from other circumstances and not alcohol or drug use.

  • Involuntary Intoxication

You could avoid a DWI conviction by arguing that your intoxication was involuntary. Involuntary intoxication can occur when you are a victim of drugging.

Consult Expert Witnesses

In DWI cases, an expert witness can either counter or enhance the evidence secured against the defendant by the state. These experts can include:

  • Toxicologists. A toxicologist may testify about blood alcohol content (BAC) testing. The expert will determine the accuracy of breathalyzer or blood tests, factors influencing BAC results, and the potential for error.
  • Forensic psychologist. Sometimes, a forensic psychologist might testify to your ability to perform field sobriety tests. The expert interprets how your mental or physical conditions could have affected your performance regardless of intoxication.
  • Experts on accident reconstructions. Sometimes, intoxicated driving causes fatal accidents. Your attorney can hire an accident reconstructionist to determine what happened. The expert might explain how alcohol can impair a person's ability to operate safely. The testimony of an accident reconstructionist is critical when proving a lack of impairment.

Your attorney can use these expert testimonies to create reasonable doubt in the prosecutor's case.

Protecting Your Driver's License

A suspension or revocation of your driver's license is the most dreaded consequence of a DWI arrest and conviction. In Texas, a DWI arrest results in an automatic administrative license suspension. Within 15 days of your arrest, you must request an Administrative License Revocation (ALR) hearing. At this hearing, you can contest the suspension of your driver's license.

The ALR is a less formal hearing separate from the trial. Before suspending your license, the prosecution must prove that you drove while intoxicated. The standards of evidence needed for this hearing are lower than those necessary in a criminal proceeding. If you lose the ALR hearing, you could suffer a license suspension. However, a win in the ALR hearing allows you to continue driving while awaiting your DWI trial.

The ALR hearing is less formal and does not affect the outcome of your criminal case. However, hiring an attorney is critical. Your DWI defense attorney plays the following roles:

  • Requesting the ALR hearing. You must request an ALR hearing within fifteen days of your DWI arrest. Failure to request the hearing within the required time frame can result in an automatic license suspension. Your attorney will request the hearing to ensure you have a chance to defend your license.
  • Arguing against the suspension. Your attorney can challenge the suspension based on the facts of your case. They include the traffic stop's legality and the breathalyzer test's accuracy.
  • Fighting for an occupational license. If you face a license suspension, your lawyer can assist you in obtaining an occupational license. You can drive to work, school, or doctor's appointments if you have an occupational license.

By contesting the suspension or obtaining an occupational license, your lawyer ensures the DWI will not interfere with your life.

Offering Guidance During the Case

Dealing with a DWI charge is challenging. Throughout your case, your lawyer will offer crucial practical and emotional support by:

  • Explaining the procedure. The DWI regulations in Texas are complicated. Nonetheless, your lawyer can explain the procedure and ensure you comprehend your case's possible results.
  • Offering emotional support. Facing an arrest and charges for DWI is a stressful experience. A competent attorney will listen to your concerns and inform you at every stage.
  • Providing legal guidance. In addition to legal expertise, an experienced defense attorney can advise you on handling your case. Legal guidance goes a long way when you prepare to face questioning from offices and prepare for your case.

Representing You in Court

If your case goes to trial, your DWI defense attorney will represent you before a judge and jury. They present a solid defense strategy and challenge the prosecution's evidence. Their role in court could involve:

  • Cross-examining witnesses. Your attorney will cross-examine the witnesses presented by the prosecution, including the police officers. By cross-examining the witnesses, the lawyer can cast doubt on their credibility.
  • Presenting defense evidence. A skilled attorney will present evidence to support your innocence. The evidence could include expert testimony on the accuracy of breathalyzer tests. Additionally, they can show evidence of medical conditions that affected your sobriety tests.
  • Making legal arguments. At your trial for DWI in Texas, your defense attorney can make legal arguments to absolve you of the liability for the offense. The legal arguments involve challenging the prosecution's interpretation of the law and seeking the exclusion of some evidence from the case.

The prosecution must prove all the elements of DWI beyond a reasonable doubt before your conviction. Therefore, legal representation aims to create reasonable doubt in the jury's minds and help you avoid a DWI conviction.

Exploring Alternative Sentencing Options

Even after a conviction for DWI, there are alternative sentencing options available. A DWI defense attorney will help you explore these alternatives to reduce the impact on your life. They include:

  • Deferred adjudication. This is a form of probation, after which the court will dismiss your charges. However, if you violate the probation terms, the court can reopen your case and proceed to sentencing.
  • DWI education programs. Completing a DWI education course may also reduce penalties for first-time offenders.
  • Community service. Some­times, the court permits community service instead of jail time.
  • Rehabilitation programs for alcohol or drugs. If it sees evidence of substance abuse, the court can transfer you to a treatment program instead of sending you to jail.

Your lawyer will review your case and decide if any alternative sentencing options apply to your case. They will also negotiate on your behalf to get the best possible outcome.

Advising You on Post-Conviction Options

The consequences of a DWI conviction go beyond incarceration and fines. The conviction enters your permanent record and can affect your life. Fortunately, you can explore some forms of post-conviction relief to reduce the impact of your conviction. They include:

  • Appealing the verdict. You can appeal the judge's decision on your DWI case. With the guidance of a skilled DWI defense attorney, you can identify errors made during the trial and use them as a basis for your appeal. They include improper jury instructions or the exclusion of significant evidence.
  • Expungement or Nondisclosure. If you face a DWI conviction, your attorney can help you explore options for clearing your record. Options for clearing your record include filing for an expungement or seeking a non-disclosure order. Filing for an expungement is a complicated process in Texas. Your lawyer will make sure you qualify and follow the proper procedure.

Find a Reliable DWI Defense Attorney Near Me

Texas law is strict on drivers who operate motor vehicles while intoxicated with drugs or alcohol. Whether you face a misdemeanor or felony charge, the stakes are high. Your conviction will compromise your freedom and leave a permanent criminal record. Hiring and retaining a DWI defense attorney in Texas is essential when you face DWI charges.

It ensures a fair and thorough defense in your case. Your lawyer will examine the evidence, challenge the legality of the stop, and negotiate plea bargains. Additionally, they will explore alternative sentencing options and represent you in court. Hiring an experienced attorney gives you the knowledge and expertise to navigate the Texas legal system.

Your choice of legal representation can make a difference in the outcome of your case. Therefore, you must choose a legal team that meets the qualifications you seek. At Fort Worth DWI Defense Lawyer, we will offer the guidance and representation you need to ensure a favorable case outcome and protect your future. Contact us at 817-470-2128 from Fort Worth, TX, to discuss your case.