DWI in Texas: Know Your Rights!
You are being watched.
A driving while intoxicated (DWI) conviction in Austin can turn your life upside down. In addition to losing your license, you could face heavy fines and jail time, not to mention court fees and mandatory counseling programs. Anyone who has been accused of driving while intoxicated in Texas could face serious consequences that affect their lives financially, socially, and professionally.
If you are facing a DWI charge in Texas, you may feel as if a guilty plea is your only option, especially if you are a first-time offender with no prior record. You just want to be done with it so you can get back to your life. However, you may not return to the life you had before the arrest. The penalties, even for a first-time offense, can be devastating, and that is why you should get in touch with an experienced Austin defense attorney at Peek Toland & Castañeda PLLC We have the knowledge and resources to provide you with exceptional legal representation. Call us today at (512) 474-4445 to learn more about your rights and options.
Texas DWI Laws
In Texas, you are considered to be driving over the legal limit when you have a blood alcohol concentration (BAC) of .08 percent or greater. Depending on your food intake, your body mass, and the type of alcohol you have consumed, it is possible to reach illegal BAC levels after only a couple of drinks. If you have been drinking, hand your keys to a trusted friend or call a taxi. The best way to avoid a DWI is to not get behind the wheel at all if you have been drinking.
If You Have Been Pulled Over
There are many reasons why an officer may pull you over. It is not advisable to panic or to discuss specific details about where you were or what you were doing. Make sure you are polite during the traffic stop and answer basic questions calmly and concisely. If you are asked about how much you have had to drink, you have the right to refuse to answer. Your refusal, however, may result in additional questioning. If requested, you also have the right to refuse to participate in field sobriety tests. You will face charges, however, if you refuse to take a blood alcohol test at the station after being arrested.
After an Arrest
Under the state’s implied consent law, you must submit to a chemical test after you have been lawfully arrested. If you refuse, you will face a lengthy license suspension and you could still be charged with a DWI. The prosecution will likely use your refusal as evidence that you knew you were intoxicated and are therefore guilty of driving while intoxicated.
It is important to treat your DWI arrest as you would other serious criminal offenses. Do not answer questions about your arrest and request to speak with an attorney right away. It may be possible to fight the charges, but your chances of successfully having the case dismissed could be diminished if you incriminate yourself.
The Consequences of a Conviction
A first-time DWI offender in Texas will face between three and 180 days in jail, a fine of up to $2,000, and a license suspension between 90 and 365 days. A second offense can result in a jail sentence between 30 days and one year, a fine of up to $4,000, and a license revocation for between 180 days and two years. Furthermore, being convicted for driving while intoxicated in Austin can have long reaching financial, social, and professional consequences.
If you are facing DWI charges, make sure you take your situation seriously by being proactive in building your defense. The first step is to contact the law offices of Peek Toland & Castañeda PLLC Your future hinges on the quality of legal representation you are able to attain. With one of our excellent attorneys by your side, you will have a fighting chance in court.