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The Ultimate Guide to DWI Defense in Texas
Fort Worth DWI Defense – With So Much at Stake You Need the Best DWI Lawyer on Your Side!
Have you, a friend or a loved one been arrested for driving while intoxicated (DWI)? If so, you must act fast to prevent losing your driver’s license. If you have been arrested for a DWI and have received a Notice of Suspension regarding your driver’s license, you only have 15 days from the date of your arrest to schedule an Administrative License Revocation (ALR) hearing. Contact us now to secure your license by calling 817-877-5200 or read more about ALR after DWI and how and why you need to take action immediately to save your driver’s license.
Why Hire a Lawyer Focusing on DWI Defense?
If you have been charged with a DWI or DUI in Tarrant County it is important to realize that hiring a general practice attorney may not provide you the experience necessary to ensure that you are adequately represented during your DWI case.
It is common practice in Tarrant County for the District Attorney’s Office to assign a team of prosecutors to prosecute your case at trial. At The Hampton Law Firm, we even the odds for those charged with driving while intoxicated in Fort Worth by ensuring that if your case goes to trial, you will be defended by an experienced defense attorney that has both misdemeanor and felony DWI experience.
⇒Together We’ve Tried Over 100 DWI Jury Trials⇐
What is Considered a DWI Crime Under Texas Law?
In Texas, a person can be charged with DWI if, during the operation of a motor vehicle, they have lost the normal use of their mental or physical faculties by reason of the introduction of alcohol or drugs into their body. A person can also be charged with DWI if their blood alcohol concentration (commonly referred to as BAC) is .08% or higher at the time of driving. Regardless of the exact circumstances surrounding the charges, drunk driving charges are serious and we recommend hiring a DWI lawyer as quickly as possible following your arrest. An experienced defense attorney for drunk driving charges like Jeff Hampton should be contacted immediately to start building your defense early and hopefully secure your driver’s license.
The same penalties for someone convicted of driving a motor vehicle while intoxicated also apply to convictions for boating while intoxicated (aka BWI), driving a golf cart while intoxicated, flying while intoxicated, and operating amusement park or passenger rides while intoxicated.
Consequences of a DWI Conviction in Texas
The consequences of a drunk driving conviction in Texas can be life changing. Many professional licenses can be revoked and job possibilities eliminated forever should you get convicted of DWI. Occupational licenses for medical professions like physicians, nurses, medical assistants, and nursing assistants can be revoked if you are found guilty. Commercial Driver’s Licenses (CDLs) can also be revoked permanently in some cases.
Other ramifications include social stigma that can last a lifetime, loss of independence from the inability to drive, loss of job because of incarceration, and not being able to take care of your family or drive your kids to school. DWI fines, penalties, and terms for license suspension after a charge vary by how many prior convictions you have, how far over the limit you are, whether you have children in the car, and whether you seriously injured or killed someone.
⇒Fines for DWI Conviction
- 1st DWI — Up to $2,000
- 2nd DWI — Up to $4,000
- 3rd DWI — Up to $10,000
- DWI with a Child Passenger (1st offense) — $10,000
In addition to these fines, people convicted of a DWI that wish to retain a driver’s license must pay an annual fee on a sliding scale that increases with the number of convictions.
⇒Jail Time & Incarceration for DWI Conviction
- 1st DWI — 3 to 180 days in confinement
- 2nd DWI — 30 days to a year in confinement
- 3rd DWI 2 years minimum, 10 years maximum confinement in a Texas TDCJ prison
- DWI with Child Passenger (1st offense) — 6 months minimum, 2 years maximum confinement in a Texas State Jail
⇒Classification Level of DWI Crimes in Texas
- 1st DWI — Class C Misdemeanor
- 2nd DWI — Class A Misdemeanor
- 3rd DWI — 3rd Degree Felony
- DWI with Minor Passenger — State Jail Felony
⇒Length of License Suspension by Type of DWI Charge
- 1st DWI — 90 day minimum, 1 year maximum suspension
- 2nd DWI — 180 day minimum, 2 year maximum suspension
- 3rd DWI — 18- days minimum, 2 years maximum
- DWI with Child in Car — 90 day minimum, 2 year maximum
⇒Ignition Interlock Devices After DWI Conviction
When it comes to interlock devices that require you to blow 0% alcohol in order to operate a vehicle, even a first time DWI conviction can mean the installation of this device at the car owner’s expense. There is no specific law in Texas that gives mandatory installation for a first, second, or third drunk driving conviction. The law simply states that an ignition interlock system could possibly be required for every conviction. That means that in Texas the judge has full discretion. The judge decides whether or not you should have a breathalyzer installed in your vehicle following a guilty verdict.
Is a DWI Conviction Serious?
DWI is a serious criminal charge that carries substantial financial and long-term consequences. If you are convicted of DWI, you stand to lose thousands of dollars in increased insurance premiums and in fines imposed upon you by the Texas Department of Public Safety. Even first time DWI offenders could face up to $2,000 in fines, 72 hours to 180 days in jail and the suspension of one’s driver’s license for a period of 90 days to 1 year. Call a reputable DWI defense lawyer as soon after your arrest so that they can begin building your defense.
What Are the Most Common and Successful Defenses Used in DWI Cases?
Some of the most common defenses used by attorneys in DWI cases include illegal traffic stop, failure to Mirandize, defective breathalyzer equipment; improper storage and/or BAC testing procedures; incomplete disclosure of prosecutor’s evidence; blood, alcohol, or field sobriety tests conducted by an improperly trained member of law enforcement; witness testimony refuting the officer’s allegation of intoxication; law enforcement pursuing your arrest from an anonymous tip; and improper breathalyzer reading from diabetes or acid reflux disease.
There are many more defenses for DWI charges; call DWI lawyer Jeff Hampton at the Hampton Law Firm to discuss the details of your case confidentially.
If you have been charged Driving While Intoxicated, you need the help of an experienced and aggressive DWI attorney that will ensure your rights are protected. That’s where Jeff Hampton comes in.
Why Choose Jeff Hampton as Your Defense Attorney?
“While serving as a prosecutor at the Tarrant County District Attorney’s Office, I gained invaluable experience
and training in dealing with various DWI charges and DWI trial situations. My experience on both sides of the aisle gives me a unique vantage point, enabling me to anticipate and prepare for any curve balls the prosecution might throw our way during the trial. I use every shred of doubt and capitalize on every opportunity to prove my client’s innocence. Call me and I will show you how I can help. “
Schedule a Free Case Review With our DWI Law Firm
If you have been charged with a DWI, contact The Hampton Law Firm now to have your case reviewed. Our legal team will work with prosecutors to determine if your case is a candidate to be reduced, the charges should be dropped, or dismissed altogether. When you’re facing serious criminal charges like drunk driving, too much is at stake to trust your future to just any DWI lawyer.
If you or a loved one is accused of DWI in Tarrant County, contact the Hampton Law Firm now at (817) 877-5200 or via the contact form on the right for a free consultation to learn about your rights. We will discuss your situation and determine your legal options during this difficult time. We answer the phone 24/7 for emergencies.
Texas DWI FAQs
- What Happens After You’re Arrested for DWI in Texas?
- Are Breath Test Refusals Legal and am I Considered Guilty if I Refuse a Breathalyzer in Texas?
- What If My BAC Taken from a Breathalyzer Test Was 0.08 or higher?
- Do I Have to Install a Breathalyzer Interlock Device in My Car for DWI Probation?
- How Can You Be Charged with a Drug DWI for Driving Under the Influence of Medication?
- What is an ALR Hearing and Do I need a Defense Lawyer?
- How and When Can DWI Blood Tests be Administered in Texas?
- What are Texas Laws Regarding Breath Tests for DWI & BAC?
- Which Texas Laws Outline DWI Punishment for Convictions?
- Will My License Be Suspended After a DWI Arrest in Tarrant County?
- How Serious are DWI with Child Passenger Charges in Texas?
- Field Sobriety Tests
- False/Illegal DWI Arrest – Protect your Rights Call Now!
- Felony DWI
- Illegal Stop and DWI Arrest
- Intoxication Manslaughter Defense Lawyer
- Portable Breath Test Request & Information
- Going to Trial for DWI
- Horizontal Gaze Nystagmus (HGN) Test
- How Long Does a DWI Stay on Your Record in Texas
- Occupational Driver’s License Request
- One Leg Stand Test
- Stages of a Criminal DWI Prosecution
- The Importance of Your DWI Defense Attorneys Reputation
- Walk and Turn Test
- What can a DWI attorney do for me
- What can a DWI defense attorney do for me
- What to Do Once You Have Been Arrested For a DWI
- When do You Need a DWI Attorney
How To Get Started On Your Defense
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