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Allen drunk driving defense attorney

If you thought getting charged with a DWI was bad enough, consider the consequences of a DWI with a child passenger. Should you be accused of such a crime, even if it is the first time you have ever been accused of any crime, you could still face significant consequences, including substantial fines, jail time, probation, and other penalties, not to mention child endangerment allegations that could put your child’s custody in jeopardy. If you or someone you know is facing DWI with a minor passenger charge, hiring a skilled criminal defense attorney should be your first step in figuring out an effective defense strategy.

What an Attorney Can Do for You 

Many states across the country do not target child endangerment charges for DWI/DUI with a minor passenger as strictly as Texas. In fact, for years, only three states other than Texas made such a charge an automatic felony. So, if you have to tackle DWI with a child passenger charges, you might not only be charged with the DWI itself but also child endangerment, which could make the charges and punishments much more serious. That is why you need professional legal representation to help you with such charges.

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Prosper criminal defense attorney DWI

If you were pulled over for driving while intoxicated (DWI), and you know you are guilty of that crime, that does not make it an open-and-shut case. You still have the right to legal representation, and your attorney can fight for you in such a way that you may be not found guilty, the case may be dismissed, or the charges may be reduced. In fact, criminal defense attorneys are able to discover things that you—and possibly the prosecution—are unable to see about your case. As they collect, research, and study these details, they are able to undermine the prosecution’s case against you. Here are all the reasons why you should seek an attorney even if you were driving drunk:

The Benefits of Hiring a Lawyer

Ultimately, the most important reason you need an attorney if you are facing DWI charges is that, even if you know you are guilty of the crime, all sorts of things could have happened during the legal process. This can include the procedures followed when police officers first arrested you and collected evidence or the ways the prosecutor makes an argument against you. For example, your criminal defense attorney can assist with the following issues:

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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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Prosper DUI defense attorney

In some states, DWI (driving while intoxicated) and DUI (driving under the influence) are considered synonymous. However, in Texas, DWI and DUI are actually two distinctly separate charges. That is because DUI involves underaged drinking, whereas DWI can apply to anyone who is of legal drinking age. The two charges are legislated, enforced, litigated, and penalized differently. Below is a closer look at these offenses and their corresponding consequences.

DUI: Definition and Enforcement

DUI is a charge brought against anyone under the age of 21 who is found to be operating a motor vehicle or boat while under the influence of drugs or alcohol. Unlike DWI, blood alcohol content (BAC) levels are unnecessary in proving that someone has consumed alcohol for these charges. A police officer can claim that a young person is “under the influence” by merely smelling alcohol on his/her breath. In addition, the driver does not need to be drunk or otherwise impaired to be charged with a DUI.

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Allen DWI defense attorney prescription drugs

Even though you may not have had an ounce of alcohol all day, it is still possible to be pulled over by a police officer who accuses you of driving while intoxicated (DWI). You may believe you are safe from any criminal charges; however, if you recently consumed something else that might have impaired your driving, you may face legal consequences. This is because in Texas, to meet the requirements for a DWI charge, a driver does not necessarily have to exceed the legal limit of .08 percent blood alcohol concentration (BAC). If you are operating a vehicle and do not have full use of your physical and mental abilities due to the effects of a controlled substance, then you may still be charged with a DWI, such as a prescription drug DWI.

Other Causes of Impairment

Alcohol is not the only substance that can cause intoxication and impair your ability to drive. For instance, any of the following could contribute to a weakened capacity for driving in Texas:

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Collin County intoxication manslaughter lawyerIf you are facing charges of intoxication manslaughter, you might be wondering if this is a completely indefensible offense that cannot be adequately challenged in court. Of course, it is natural to have all of these worries and fears when this type of tragedy happens. You might even feel an overwhelming sense of guilt as you struggle to see a way out. However, the truth is that with the right criminal defense attorney, you could be found not guilty, have the case dismissed, or have your charges significantly reduced. Your lawyer can help you determine the best defense strategies that will allow you to achieve a positive outcome to your situation.

Effective Defense Strategies With Intoxication Manslaughter

While it might seem as if a charge of intoxication manslaughter cannot be overcome in court, there are a variety of ways to challenge or defeat these charges, including:

  • Suggesting Faulty Sobriety Tests — As with a DWI case, one of the best ways to achieve success is to establish reasonable doubt by calling into question the validity of the sobriety tests. If your lawyer can instill uncertainty and skepticism in the jury about the overall effectiveness of the sobriety tests, then it might lead them to believe that you were not intoxicated at the time of the accident.

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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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Proper DWI defense attorney

Driving under the influence of alcohol is extremely dangerous, and it is illegal in all 50 states. Alcohol impairs the human senses and slows reaction times, making drunk drivers deadly to themselves and others on the road. Throughout most of the country, 0.08 percent is the legal limit for blood alcohol content (BAC). In other words, motorists who are driving over this limit are breaking the law and can face harsh criminal charges in addition to making an irreversible mistake that could cost them their life. 

How Do I Know if I Have Reached My Limit?

This 0.08 number can mean nothing to the average person, making it impossible to accurately measure your legal ability to drive before getting behind the wheel. What you think might be a safe amount of alcohol can land you behind bars. While you may not be able to adequately measure your BAC, having an understanding of how many drinks can set put you over the legal limit can make you think twice before grabbing your keys.

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