Drunk Driving Convictions Come With Lifelong Consequences
Drunk driving charges can easily turn into a DWI/DUI conviction if you are not represented by an
experienced criminal defense lawyer. A conviction will affect all aspects of your life, including your ability to pursue certain careers. Rather than put your future at risk, let our Brazoria County DUI lawyers provide you with a dedicated, highly experienced defense.
DWI is prosecuted heavily in Texas. You need someone on your side who knows the defenses against first-time and repeat DWI charges and knows how to develop a strategy that effectively counters the prosecution.
Our DWI/DUI attorney handles a broad range of cases involving:
- Aggravated DWI: Repeat DWI offenses or DWI with a blood alcohol content (BAC) level of .15% or higher
- Repeat DWI/felony DWI: Multiple DWI convictions in Texas are considered a felony offense
- Breath test/blood test refusal: If you refuse a breath or blood test with DWI charges, you will automatically lose your license
Contact us now to schedule a consultation with a skilled Brazoria County DWI/DUI attorney!
1st Offense Texas DWI Complications, Charges and Penalties
Driving under the influence of drugs or alcohol is a serious crime, and if convicted, you could face severe penalties and fines. A first-time DWI charge is classified as a Class B misdemeanor, which carries an incarceration period of up to 180 days. First-time DWI charges are written at a minimum penalty level but can be leveled up based on criminal enhancements once evidence is reviewed. Several enhancements apply in DWI cases, and these additional factors can result in harsher penalties, fees and longer incarceration periods.
- BAC of .15% and Above: When drivers submit to a breathalyzer or blood test, their blood alcohol content (BAC) will be assessed. For BACs of .15% or more, charges against the driver can be enhanced from a Class B misdemeanor to a Class A. Convictions at the enhanced level mean higher fines and a greater likelihood of jail time.
- Child Passenger: If an intoxicated driver is stopped on suspicion of drunk or influenced driving and there’s a child under the age of 15 in the car, there is an enhancement. The leveled charge escalates to a felony, which carries a fine of up to $10,000 and a longer incarceration period of up to two years in state jail.
- Manslaughter: If an intoxicated driver kills someone while driving under the influence of drugs or alcohol, the charge is enhanced to a second-degree felony with a fine of up to $10,000 and an incarceration period of up to 20 years in prison.
Do not take your DWI/DUI lightly. It is critical you retain a lawyer in a timely manner to ensure your rights are protected. Call us at 979-431-1268 to schedule your consultation.
Commercial Driver’s License DWI/DUI In Texas
We also represent people with commercial driver’s licenses (CDL) who have been charged with DWI/DUI. A conviction could mean losing your license and your ability to keep your job. These charges need an attorney’s attention in a timely manner. We will begin working on building a strong defense on your behalf, and we’ll work to make certain you do not risk getting your license suspended or revoked.
Aggravated DWI In Texas
Recent changes in Texas DWI laws have now made the consequences of drunk driving even more serious. You can now be charged with aggravated DWI if your blood alcohol content (BAC) level is at .15% or higher. This can be considered a Class A misdemeanor or even a more serious offense if other circumstances are involved.
A Repeat Offense Could Mean A Felony On Your Record
Second, third, and further DWI offenses can be felony offenses. In Texas, felonies carry the harshest punishments – with the possibility of jail time and having a permanent mark on your record. If you are charged with DWI, the first thing to do is to contact a defense attorney.
Jeff Gilbert has been representing clients with DWI charges in Texas for more than 30 years. As an experienced criminal lawyer, he knows that the defenses for repeat DWI are more complex than for first-time offenders. Given the fact that repeat offenders have much more on the line, he is committed to taking an aggressive approach to defending his clients.
Can You Refuse To Take A Breathalyzer Test In Texas?
Refusing to take a blood test or a breath test can make your DWI/DUI case more complicated. When you are initially arrested under suspicion of DWI, you are given the option to take a blood or breath test. If you refuse, your license is suspended.
Even if your license is suspended, you do have the right to request a hearing in an effort to get your license back. This is called the Administrative License Revocation (ALR) hearing, and it must be requested within 15 business days of the arrest. Failure to request the hearing within this time means that you have waived your right to the hearing.
Can You Lose Your License From A DUI/DWI?
If you are convicted of drunk driving in Texas, you may lose your license and face a whole host of other penalties. It is in your best interests to talk to a criminal defense attorney as soon as possible following your DUI arrest.
Here are some reasons why you may lose your license in regard to Texas DUI law:
- If you refuse to take a blood alcohol test or breathalyzer test, your license will be automatically suspended for 180 days.
- If you are convicted of drunk driving for the first time, you may lose your license for up to one year.
- If you are convicted of drunk driving for the second or third time, you may lose your license for up to two years.
License suspension is just one of the many penalties you face if convicted of DUI in Texas. Other penalties include fines, jail or prison time, and more. There are civil and criminal portions of a drunk driving case. Driver’s licensing matters are civil and handled during an Administrative License Revocation proceeding, which must be scheduled within 15 days of the DUI arrest.
Attorney Jeff Gilbert can help you deal with the civil and criminal portions of your case and help you explore your options for getting your license back. You may be eligible for a restricted license, which would allow you to drive to and from work and for other essential purposes.
How Can A DWI/DUI Lawyer In Brazoria County Help You?
Did you recently get charged with a DUI? If so, it’s crucial that you receive the legal support and assistance that you need to thoroughly protect your rights and your future. Without a reputable DUI lawyer there to guide and represent you in court, you may be risking a favorable legal outcome for your case.
Your DUI attorney will be responsible for the following:
- Investigating your charges and the evidence being used against you and checking whether it is illegitimate.
- Collecting evidence to create a strong legal strategy to support your case.
- Being there to guide you and answer any questions that you have throughout the legal process.
- Provide you with strong court representation, and fight for a favorable legal outcome on your behalf.
- What is the Penalty for DWI with a Child in the Car?
- Can My DWI Case Be Expunged in Texas?