Cleburne DWI Defense Attorney – (817) 645-6600
If you have been arrested for and charged with driving while intoxicated (DWI) in Texas, you need to act right away to protect your rights and keep your driving privileges. Our Cleburne criminal defense attorney at The Law Office of Robert E. Luttrell III understands the urgency of your situation and works quickly to get your defense case started. The sooner you retain legal counsel, the better your chances will be against the prosecution or during an administrative hearing.
Contact us at your first opportunity to start your DWI defense case.
Blood Alcohol Concentration (BAC) Limits in Texas
Highway patrol officers in Texas will base the majority of DWI arrests on the reported blood alcohol concentration (BAC) level of the suspect. This allows them to use “solid evidence” against the suspect if the charges are contested later. BAC levels can be measured with breath, blood, or urine tests that use varying devices.
In Texas, the following BAC levels constistute a DWI, regardless of a person's apparent sobriety:
- 0.08% for adults 21-years of age or older
- 0.04% for an adult driving a commercial vehicle
- 0.0001% or any detectable amount for someone younger than 21-years of age
It should be noted that Texas police can use their own discretion when making a DWI arrest and effectively ignore BAC levels tested roadside. If a driver seems intoxicated and could be a danger to others on the road, the arrest is allowed, even if a pocket breathalyzer test shows that person's BAC level is below the legal limit.
DWI Penalties in Texas
The legal penalties for being convicted of a DWI in Texas are considered quite severe compared to many other states. You do not want to concede to the criminal justice system and let it penalize you as it finds fitting. It is always worth discussing your options with a criminal defense attorney.
For just a first-time DWI in Texas, penalties can and likely will include:
- $2,000 fine
- 3 days to 180 days of incarceration
- 2-year license suspension
- $2,000 annual surcharge after license is restored 9may be applied up to three times)
- Completion of mandatory DWI education course
- Installation of ignition interlock device (IID)
Penalties will only continue to escalate if there are previous DWI offenses on a person's record. Additionally, the Texas Department of Public Safety will use Administrative License Revocation (ALR) if you fail or refuse to take a BAC test that is mandatory. This revocation automatically strips away your license for 180 days, even if you are found to have been sober and avoid a conviction. Call (817) 558-6939 to talk to our attorney right away to learn how we can help you request an ALR hearing and attempt to stop this automatic revocation.
Stand Up for Your Freedom of Mobility
Perhaps the most damaging consequences of a DWI conviction is losing your freedom to go where you choose and when you choose. You may even lose your job if you cannot find a way to get to work after your license is taken away. Act right now to start shielding yourself from the harsh scrutiny of the law by contacting our Cleburne DWI defense attorney and requesting a FREE defense consultation.