Waco DWI Defense Attorney

Below are the potential punishments for a third DWI:

• Fines of up to $10,000
• Imprisonment for 2 to 10 years
• Driver’s license suspension for up to 2 years

The consequences can extend beyond the legal and financial. They can also impact your reputation, relationships, and future opportunities. Such profound implications reinforce the value of having experienced and skilled legal representation when facing these charges.

It is important to note that Texas has an "implied consent" law, meaning that if you are arrested for DWI, you must submit to a chemical test to determine your blood alcohol concentration (BAC). If you refuse to take the test, you can face additional penalties, including the automatic suspension of your driver's license.

Our Waco DWI lawyer can work to minimize the potential consequences of a DWI charge and negotiate with prosecutors to reduce the charges against you or secure a plea deal that results in less severe penalties.

When Is DWI a Felony in Texas?

In Texas, driving while intoxicated (DWI) is generally charged as a misdemeanor offense. However, there are certain circumstances where a DWI can be charged as a felony.

Here are some situations in which a DWI in Texas may be charged as a felony:

• If you have been previously convicted of DWI three or more times, a subsequent DWI offense can be charged as a third-degree felony.
• If you caused an accident while driving intoxicated, and someone was seriously injured or killed. As a result, you could be charged with intoxication assault or manslaughter, both of which are felonies.
• If you were driving while intoxicated with a child passenger in the vehicle, you might be charged with a felony offense known as child endangerment.

It is important to note that these are just a few examples of circumstances in which a DWI in Texas may be charged as a felony. The specific charges and penalties you may face will depend on the specifics of your case and your criminal history. If you have been charged with a DWI and are facing the possibility of a felony conviction, you must speak with an experienced felonies attorney as soon as possible.

Bring Your Case to Our Skilled Waco DWI Lawyer

When facing DWI charges, get skilled legal help from an attorney who cares about your future. A DWI conviction will give you the barrier of a permanent criminal record that can jeopardize your job, any future employment, and many other life opportunities. The time to fight a conviction is now – start with a case analysis by our Waco DWI attorney. Learn more about your case, how the law impacts it, and how we can help in a free consultation. 

DWI Defense FAQs

Navigating the complexities of DWI cases in Waco, Texas, can be daunting, and it's only natural to have questions and concerns. To assist you in gaining a better understanding of the process and the legal implications, we've compiled a list of frequently asked questions. We aim to provide clear, straightforward answers to these common queries, empowering you with the knowledge you need to make informed decisions during this challenging time.

Do You Need a Lawyer for a DWI Case?

DWI laws in Texas are complex, and the consequences for a conviction are severe. A knowledgeable DWI defense attorney can scrutinize the nuances of your case, challenge the prosecution's evidence, and help protect your rights.

Having an experienced DWI lawyer by your side can significantly affect the outcome of your case. They can evaluate the procedures followed during your arrest, the breath or blood test accuracy, and identify any potential defenses. Furthermore, depending on the circumstances, they can negotiate for lesser charges or even attempt to get the case dismissed.

What Are Potential Defenses Against DWI Charges?

A lawyer can explore several potential defenses against DWI charges. Some of these strategies include the following:

• Questioning the legality of the traffic stop: Law enforcement must have a valid reason to stop you. If it can be shown that the officer lacked reasonable suspicion to pull you over, the evidence collected may be inadmissible in court.
• Validity of field sobriety tests: FSTs are not always reliable indicators of impairment. Factors such as physical health conditions, nervousness, or even weather conditions can affect the results. If it can be demonstrated that these tests were improperly conducted or their results misinterpreted, they may not hold up in court.
• Breath or blood test accuracy: Breath and blood tests must be conducted using correctly calibrated equipment by trained personnel. Moreover, the tests must follow certain protocols. If any of these procedures were not followed to the letter, the results may be disputed.
• Rights during the arrest process: If your rights were violated during your arrest, such as not being read your Miranda rights, any evidence obtained could be thrown out.

What Are the Long-Term Consequences of a DWI Conviction?

A DWI conviction in Texas can have several long-term consequences that go beyond the immediate legal penalties. One of the most significant impacts is on your driving record, which can affect your car insurance rates. Most insurance companies consider a DWI a high-risk behavior, leading to significant premium increases. Furthermore, a DWI conviction can also affect your employment opportunities. Many employers conduct background checks, and a criminal record could limit job prospects, especially in fields requiring a clean driving record or a certain level of personal responsibility.

Beyond financial and career impacts, a DWI conviction can also impact personal relationships. The experience of arrest and conviction can strain relationships with family and friends. Seeking help from a dedicated defense attorney can be crucial in minimizing these long-term effects, and is committed to providing guidance and strategies to help navigate these challenges.

How Is a DUI Different from a DWI in Texas?

In Texas, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably, but there are key differences. A DWI is a charge for operating a vehicle with a BAC of 0.08% or more and is applicable to drivers 21 and older. A DUI, however, applies to drivers under the age of 21 who have any detectable amount of alcohol in their system, adhering to the state's zero-tolerance policy for underage drinking and driving.

Understanding these distinctions is crucial for formulating an effective defense strategy. The penalties for DUI may differ and often include license suspension and alcohol education programs specifically designed for minors. Our firm is experienced in handling both DWI and underage DUI cases, guiding clients through the nuances of Texas law to seek the most favorable outcomes.

How Does a Prior DWI Conviction Affect the Penalties for a Subsequent DWI?

A prior DWI conviction in Texas can significantly impact the severity of the penalties for a subsequent DWI. Texas law takes repeat offenses very seriously, and the punishments become more severe with each subsequent conviction.

In addition to increased fines and longer jail sentences, repeat offenders may also face additional consequences such as mandatory substance abuse education or treatment programs and the requirement to install an ignition interlock device in their vehicles. These tougher penalties underscore the importance of seeking legal assistance from qualified professionals who can potentially mitigate the severity of the consequences. Attorneys knowledgeable about DWI cases in can work to explore plea arrangement opportunities or identify elements of the arrest or case that can be challenged to reduce the potential future impact of prior convictions.