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Collin County DWI defense attorney

As you prepare for Thanksgiving, it is important to be aware of the increased risk of being arrested on suspicion of drinking and driving. Holiday get-togethers often involve alcohol consumption, and because of this, police officers will be on the lookout for intoxicated drivers during the extended holiday weekends in November and December. Those who expect to consume alcohol will want to understand the steps they can take to avoid being arrested for driving while intoxicated (DWI) in Texas.

Operation CARE and No Refusal Weekends

The Texas Department of Public Safety (DPS) has stated that it will be increasing its enforcement efforts over the Thanksgiving weekend, lasting from Wednesday through Sunday. During this time, officers will be conducting more patrols than normal and looking specifically for drivers who are suspected of drunk driving, as well as other traffic violations, such as speeding and driving without a seat belt.

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Collin County DWI defense attorney CDL

Like many other states, Texas takes the crime of drunk driving seriously. A DWI arrest or conviction can be difficult for anyone to overcome, but it is especially challenging for truck drivers and other holders of a commercial driver’s license (CDL) who rely on their driving privileges in order to make a living. If you are a commercial driver facing DWI charges, you need an experienced attorney who can provide the best possible defense so that you have a chance of avoiding criminal penalties that can impact your livelihood.

Additional Restrictions for CDL Drivers in Texas

Under Texas law, if the driver of a passenger vehicle is pulled over under suspicion of driving under the influence and registers a blood alcohol concentration (BAC) of more than 0.08 percent, he or she can be arrested and charged with DWI and face an Administrative License Revocation (ALR) for 90 days or more while awaiting trial. A driver who refuses to submit to a blood or breath test can be subject to an ALR for 180 days or more.

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Collin County criminal defense attorney underage DWI

Driving while intoxicated (DWI) is treated as a serious criminal offense for Texans of any age, but underage drinkers are subject to even more stringent penalties. Texas not only has separate laws for driving under the influence (DUI) that apply to drivers under the age of 21 with any amount of alcohol in their system, but several other underage drinking offenses can also result in the loss of driving privileges. If you or your child has been arrested on an underage drinking charge, you should know about the potential legal consequences. An experienced criminal defense attorney can help protect your rights and driving privileges.

Texas Underage Drinking Laws

In Texas, underage drivers can be arrested for DUI if they have consumed any alcohol before driving. A police officer can make an arrest based on a blood alcohol content (BAC) test, even one with a result below the legal limit of 0.08 percent, or based on smelling alcohol on the driver’s breath. Texas law also prohibits someone under the age of 21 from purchasing, possessing, and consuming alcohol in most situations, as well as being drunk in public. A person arrested for the first time for any of these offenses may face Class C misdemeanor charges.

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Fairview DWI defense attorney

DWI (driving while intoxicated) is a serious charge in Texas, but DWI with a child passenger can be even more serious, carrying with it particularly severe consequences, both in terms of criminal law and civil law. From jail time and fines to loss of child custody, the effects of these allegations can completely change your life. To better prepare you if you are facing these charges, the following information outlines the legal definition of DWI with a child passenger, as well as the penalties associated with this criminal offense.

What Is DWI With a Child?

If it is determined that you were driving while intoxicated (a BAC of .08 percent or higher), and you had a child under the age of 15 in your car at the time, then you could be charged with DWI with a child passenger in Texas. You can still face this charge even if the child did not get injured or harmed in any way.

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Proper, TX DWI defense attorney

Under Texas law, there are multiple different offenses regarding driving while intoxicated (DWI), and you could be charged with a misdemeanor or a felony, depending on the circumstances. Ultimately, which crime you are charged with depends on your history and your BAC level. Here is a closer look at each type of charge related to DWI:

Definition and Penalties for Class A DWI Charges

A Class A DWI charge is more severe than a Class B offense, because it can imply repeat offenses of a similar crime or a stronger case for the prosecution due to sobriety test results. In particular, if someone is charged with a Class A DWI offense, the following might be true:

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McKinney intoxication manslaughter defense attorney

One of the most serious offenses related to DWI is intoxication manslaughter. This is the primary reason people are pulled over for driving while intoxicated in the first place: to ensure that deaths resulting from impaired drivers do not take place. With Texas leading the nation in traffic fatalities and the country itself seeing an increase in such tragedies by nearly one-third over the last decade, you or someone you know could be faced with the consequences of intoxication manslaughter if you are involved in an accident. Therefore, it is important to know how Texas law defines this crime and its potential penalties.

Manslaughter Versus Murder

Before understanding intoxication manslaughter, it is helpful to know the difference between manslaughter and murder. While both manslaughter and murder result in someone’s death as a consequence of actions taken by the defendant, in the case of murder, the accusation implies that the defendant had malicious intent. With the crime of murder, the prosecution alleges that it was the defendant’s goal to kill the other person; however, with manslaughter, the death is considered a result of alleged recklessness on the part of the defendant. In regard to intoxication manslaughter, a death in a car accident while a person is impaired is typically not considered murder. Instead, it is usually considered manslaughter, since the majority if not all of these cases lack malicious intent.

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Posted on in DWI

Plano DWI defense lawyerIf you were pulled over for drunk driving, a lot of questions may go through your head. What if I go to jail? What if they take away my license? How am I going to find the right lawyer? Is my life ruined and over as I know it? Although these worries may seem legitimate, the truth is that the majority of them are driven by anxiety, not truth. With the proper attorney representing you, you may walk out with a “not guilty” verdict. While there are plenty of ways to win your DWI case, including the employment of a wide variety of defense strategies, there are a few basic principles that are commonly used when developing a legal plan for DWI defense. 

Elements of a Winning DWI Defense

There are numerous ways that a lawyer can successfully defend you in a DWI case. If your lawyer makes the right argument and provides convincing evidence from the start, the case could be settled or dismissed. In fact, very few DWI cases actually go to trial. In the instance that your case does take place in the courtroom, here are a few things that your lawyer should be doing on your behalf:

  1. Establishing — and Reiterating — “Innocent Until Proven Guilty”: The jury must know that this is not an open-and-shut case against you — DWI cases are rarely that simple. There are many ways that information gathered by the government in its prosecution could be disproven. Additionally, there could be new findings and discovered evidence throughout the trial that might weaken the prosecution’s argument and work in your favor.
  2. Exposing the Government’s Mistakes: As previously stated, the government is not infallible in their collection of evidence, their treatment of the accused, or even their approach to the trial. There are countless ways that the seeds of doubt can be planted in the jury’s mind about the strength of the argument against you. Your attorney should take all means necessary to weaken these preconceived notions and prove any wrongdoing by the government throughout your trial.
  3. Raising Concerns About the Validity of BAC and Sobriety Tests: Contrary to popular belief, these types of tests are not that accurate. There are various factors that could affect the test results, thus invalidating them. Alcohol content in food can cause inaccurate readings with a breathalyzer, and anxiety can influence one’s ability to adequately complete a “walk-and-turn” test. Your attorney should highlight these testing inconsistencies to use as a defense tactic for your case.
  4. Jury Selection: Choosing the right jury can make or break a criminal case — and this is usually even more true with DWI cases. The insurmountable bias that surrounds those accused of DWI can cause the jury to make a decision before they step foot in the courtroom. People presume guilt, especially when tests have allegedly proven drunkenness or when safety issues might have revealed supposed recklessness. However, the right lawyer will be able to convince the jury that their presumptions of guilt are in opposition to their legal duties as jurors and that official alcohol and sobriety tests lack the definitive validity that they assume to be true. Finding a jury that is most devoted to the legal process itself and not their preconceived notions regarding DWI cases and those accused of DWI is critical to the success of your case.

Contact a Collin County DWI Lawyer

Being accused of a crime does not mean you are guilty. An experienced DWI defense attorney can prove your lack of guilt and reveal the impropriety within the system. At the Law Offices of Biederman & Burleson P.L.L.C., our lawyers are well-versed in DWI defense strategies, and we can provide you with the proper defense that you deserve. Contact our Plano DWI defense attorneys at 469-333-3333 for a complimentary consultation. We want to inform you of what you are up against and help you achieve the results and resolution you seek.

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