If you have been charged with driving while intoxicated (DWI) in Fort Worth, Texas, you may be feeling scared and uncertain about what to expect. A DWI conviction can result in jail time, a loss of your driver’s license, and hefty fines.
But it is important to know that you have rights and options when it comes to defending yourself against these charges. An experienced Fort Worth Criminal Defense Attorney can help you understand the charges against you and develop a strong defense strategy. This guide will give you an overview of what to expect from the DWI process in Fort Worth and how a lawyer can help you protect your rights. What Is DWI? In Texas, DWI is defined as operating a motor vehicle while intoxicated. This can be done by either having a blood alcohol concentration (BAC) of .08% or higher or by being under the influence of drugs to the point where you are unable to safely operate a vehicle.
DWI is a serious offense in Fort Worth, and it is important to understand the potential consequences if you are convicted. A first DWI offense is a Class B misdemeanor, which carries a maximum sentence of 180 days in jail and a fine of up to $2,000. You will also have your driver’s license suspended for 90 days. A second DWI offense is a Class A misdemeanor, which carries a maximum sentence of one year in jail and a fine of up to $4,000. Your driver’s license will also be suspended for one year. If you are convicted of a third DWI offense, it is a felony offense punishable by two to 10 years in prison and a fine of up to $10,000. You will also have your driver’s license suspended for two years.In addition to the potential criminal penalties, a DWI conviction can also result in other consequences.
Your insurance rates will likely increase, and you may have difficulty finding a job or renting an apartment. Fort Worth DWI attorney James Gill can help you understand the charges against you and work to get the best possible outcome in your case. How Does Fort Worth Handle DWI Cases? If you are arrested for DWI in Fort Worth, you will be taken to the Fort Worth jail, where you will be processed and held until you can post bail or see a judge.
You will have your mugshot and fingerprints taken, and you will be asked to take a breath or blood test to determine your BAC. It is important to know that you have the right to refuse this test, but if you do, your driver’s license will be automatically suspended for 180 days. If you are released on bail, you will be given a court date for your arraignment.
At your arraignment, the charges against you will be read and you will be asked to enter a plea of guilty or not guilty. If you plead guilty, you will be sentenced immediately. If you plead not guilty, your case will proceed to trial.It is important to note that you only have 15 days from the date of your arrest to request a driver’s license hearing.
If you do not request a hearing within this time frame, your driver’s license will be automatically suspended. Fort Worth DWI lawyer James Gill can help you navigate the complex legal process and ensure that your rights are protected at every step. What Are Some Possible Defenses of DWI Charges? There are a number of possible defenses that an experienced Fort Worth DWI Lawyer can raise on your behalf. Some of the most common defenses include:- The stop was illegal: If the police did not have probable cause to pull you over, any evidence obtained as a result of the stop may be suppressed.-
The test was inaccurate: Breath and blood tests are not always accurate, and there may be a number of factors that can affect the results of these tests.- You were not intoxicated: Even if your BAC is above .08%, you may still be able to prove that you were not actually intoxicated at the time you were driving. What Should I Do If I Have Been Charged With DWI? If you have been charged with DWI, it is important to contact an experienced Fort Worth criminal defense attorney as soon as possible. James Gill has extensive experience handling DWI cases in Fort Worth, and he will work tirelessly to ensure that your rights are protected throughout the legal process. Contact us today to schedule a free consultation.
The second case is your DWI criminal case. Here the state of Texas, through a district attorney, is trying to convict you (find you guilty) of driving while intoxicated. To do this the DA must prove to you:
- A motor vehicle
- In a public place
- While intoxicated
Each of these elements has a specific legal meaning. For example, intoxicated does not mean “drunk.” It means not having the normal use of your mental or physical abilities due to the consumption of alcohol, drugs, dangerous drugs, a controlled substance, any combination of these, or any other substance. And as you can see, you can be arrested and convicted of DWI even if you have not had a drop to drink. As one Court of Criminal Appeals Judge put it, “Under current law, if a person eats too many M&Ms either alone or in combination with alcohol, drugs, water, or whatever such that his mental and physical faculties are impaired, he may be prosecuted for DWI.”
If you have been charged with DWI, especially DWI while taking prescription medications, you need the help of an experienced DWI Lawyer. The lawyers at Westfall Sellers have won dismissals and Not Guilty verdicts in cases involving prescription drugs, blood tests, and breath tests. Call us today to see if we can help you avoid the consequences of a DWI conviction.Our Fort Worth criminal defense attorneys Kyle Whitaker have the experience and skill to handle your case. We understand the science behind DWI cases, and we know how to challenge the evidence against you. Contact us today for a free consultation.