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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 criminal defense attorney DWI

Drunk driving is illegal, and a person can face criminal charges for driving while intoxicated (DWI) by alcohol or drugs. In many cases, DWI charges occur because of a lapse in judgment or because a person believed that it was safe to drive without realizing that he or she was above the legal limit for blood alcohol content (BAC). 

Being convicted of DWI in Texas can have a variety of serious consequences, including driver’s license suspension, thousands of dollars in fines, time in prison, probation, community service, participation in DWI education programs, and the requirement to use an ignition interlock device (IID). In many cases, a person will face DWI charges after being pulled over by a police officer, but unfortunately, some cases involve serious car wrecks that may result in the injury or death of others. In these cases, a person who is being charged with DWI should be sure to understand the charges that may apply and the potential penalties he or she could face.

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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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Plano criminal defense attorney DWI with child

When you get behind the wheel after having a few drinks, you generally understand the risks of doing so. While you may not be thinking about the risks at the time, you almost certainly realize that it is dangerous to drink and drive. You probably know that alcohol impairs both your mental and physical faculties, which increases your chances of being involved in an accident. There is also the danger of getting pulled over and arrested for driving while intoxicated (DWI)—the consequences of which can be quite severe.

Drinking and driving puts others on the road in danger, of course, but what about those in the car with the drunk driver? More importantly, what happens if there is a child riding in the car with a driver who has been drinking? Under Texas law, DWI with a child passenger is a serious criminal offense, and if you are convicted on such a charge, there is a good chance that you will go to jail.

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Plano criminal defense attorney DWI

If you were asked to do so right now, with no advance warning, could you stand on one foot while holding the other foot slightly off the ground for a full 30 seconds? Could you walk in a straight line—putting your foot heel to toe with every step—then turn around and come back on the same line, possibly without being able to look down at the line? If you were to have trouble with either of these exercises, federal authorities say that there is roughly an 80 percent chance that you are intoxicated.
Obviously, this was intended to be an exaggerated scenario, but in reality, the tests mentioned above are actually used by the police every day to test drivers who might be impaired by drugs or alcohol. The results of such tests are often presented as evidence against defendants facing charges for driving while intoxicated (DWI), despite the fact that these tests are not nearly as accurate as law enforcement officials would have you believe.

Standardized Field Sobriety Tests

There are three tests that are recognized by the National Highway Transportation Safety Administration (NHTSA) as effective in determining a driver’s level of impairment. Together, these three assessments comprise the Standardized Field Sobriety Tests (SFSTs). In addition to the one-leg stand and the walk-and-turn tests, the SFSTs also include the horizontal gaze nystagmus (HGN) test, in which the driver is asked to follow an object, such as the officer’s finger or a pen, with only eyes. In this test, the officer is looking for an involuntary jerking or movement of the eye, usually at the peripheral range, that is often seen as an indicator of intoxication. The three tests are typically administered together, and courts throughout the United States tend to accept the test results as proof—albeit rebuttable proof—that a driver is intoxicated.

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Allen criminal defense attorney DWI

Driving while under the influence of alcohol or drugs is a serious offense in Texas. If you are pulled over by a police officer, asked to take a breathalyzer or field sobriety test, and arrested for driving while intoxicated (DWI), you will want to understand the types of criminal charges you may face, the potential consequences of a conviction, and whether you will lose your driver’s license. However, your first priority will likely be to find out how you can be released from custody. 

If you are arrested and booked at a local police department or a county jail, the procedures followed can be confusing, and you may not understand whether you will be required to appear before a judge or post bail before you can be released. Fortunately, by working with a lawyer, you may be able to get out of jail more quickly through an attorney writ bond.

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Allen DWI defense attorney

Hundreds of Texans are killed in car accidents involving alcohol each year, and in order to reduce this risk, Texas enforces a driver’s license suspension for many motorists who are arrested for or convicted of driving while intoxicated (DWI). However, these suspensions are usually not permanent, and drivers have the right to apply for reinstatement of their license when the time period of their suspension has passed. With the help of a DWI defense attorney, you can demonstrate to the state that you can drive safely in the future and get your license back as soon as possible.

When Can Your License Be Suspended in Texas?

If you are arrested for an alcohol-related driving offense, your license may be suspended under any of the following circumstances:

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Plano criminal defense attorney marijuana DWI

For many people, alcohol is the first substance that comes to mind in relation to the offense of driving while intoxicated (DWI), but Texas law defines intoxication as having one’s mental and physical capacities impaired by the use of any drug or substance. As some states continue to legalize or decriminalize marijuana and THC products, many drivers are being arrested on DWI charges related to these specific substances. In Texas, where recreational marijuana use and possession remain illegal and medical marijuana is highly regulated, motorists may face harsh penalties for driving under the influence of marijuana. If you are facing marijuana DWI charges, you need a skilled criminal defense attorney who can help you contest and reduce the charges or avoid a conviction altogether.

Defense Strategies for Marijuana DWI Cases

While Texas specifies a blood alcohol concentration (BAC) of at least 0.08 percent for alcohol intoxication, there is no clear standard when it comes to marijuana or THC. This means that marijuana DWI charges and sentencing often come down to the testimony of law enforcement officers against the testimony of the defendant. A lawyer who has experience with marijuana cases can pursue defense strategies that may help you persuade the jury of your innocence. These strategies include:

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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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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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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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