What to Do If You’re Charged with DUI or DWI
Facing a charge of driving under the influence (DUI) or driving while intoxicated (DWI) is a serious matter. These charges can lead to hefty fines, license suspension, and even jail time. As with any criminal defense in Texas, defending yourself in a court of law is part of your way of safeguarding your rights as a citizen.
It’s essential to know how to respond effectively to protect your rights and minimize the potential impact on your life. From us here at The Torres Law Firm, here’s a comprehensive guide on the steps to take if you’re in this situation.
Understand the Consequences of a DUI or DWI Charge
In Texas, DUI and DWI charges carry significant penalties. A DWI charge typically applies to drivers with a blood alcohol concentration (BAC) of 0.08% or higher. However, drivers can still face charges if their ability to operate a vehicle is impaired, regardless of their BAC. For those under 21, a DUI applies to any detectable amount of alcohol in their system.
The penalties for a first offense can include:
A fine of up to $2,000
Jail time ranging from three to 180 days
License suspension for up to a year
An annual surcharge of $1,000 to $2,000 for three years to retain your license
Subsequent offenses lead to harsher penalties, including longer jail sentences and higher fines. Texas also has strict rules for aggravated offenses, such as driving with a child passenger, having an extremely high BAC, or causing injury or death.
Additional penalties for these offenses can include felony charges, significant prison time, and longer license suspensions.
Beyond legal penalties, a DUI or DWI conviction can impact your personal and professional life. From increased insurance rates to challenges finding employment, the long-term consequences can be severe. It’s critical to address these charges promptly and with a clear plan of action.
Exercise Your Right to Remain Silent
If you’re stopped and suspected of DUI or DWI, remember that you have the right to remain silent. Anything you say to law enforcement can be used against you in court. Politely provide your name, driver’s license, and insurance information, but refrain from answering questions about where you’ve been or how much you’ve had to drink.
It’s equally important to decline field sobriety tests, as these are subjective and can lead to incriminating evidence. While Texas has implied consent laws requiring you to submit to chemical testing, you can refuse roadside tests without immediate consequences.
However, refusing a breath or blood test at the station can result in automatic license suspension. We often advise clients on how to handle these situations to minimize any additional legal issues.
Request Legal Representation Immediately
The moment you’re charged, request legal representation. Facing DUI or DWI charges without a criminal defense attorney puts you at a significant disadvantage. An experienced attorney can examine the circumstances of your arrest and identify any procedural errors, such as improper administration of sobriety tests or lack of probable cause for the stop.
Our approach always begins with reviewing the evidence against you. From scrutinizing the breathalyzer results to challenging the legality of the traffic stop, our focus is on protecting your rights and building the strongest defense possible.
Here at The Torres Law Firm, we understand that each case is unique, and we work closely with you to determine the best course of action based on the details of your situation.
Attend All Required Court Dates
Missing a court date can worsen your situation, leading to additional penalties and even a warrant for your arrest. Texas courts take DUI and DWI cases seriously, and failing to appear demonstrates a lack of respect for the legal process.
It’s crucial to stay informed about your hearing schedule. We always work with our clients to prepare them for each appearance, making sure they understand what to expect and how to present themselves. Whether it’s an arraignment, pre-trial motion, or sentencing hearing, preparation with a criminal defense attorney is key to achieving the best possible outcome.
Explore Plea Options or Fight the Charges
Every DUI or DWI case is unique, and there are different strategies for resolving these charges. In some cases, it might be in your best interest to negotiate a plea deal. Plea deals can result in reduced charges or lighter penalties, particularly if it’s your first offense or the evidence against you is strong.
However, fighting the charges in court may be the best approach if there are flaws in the prosecution’s case. For example, breathalyzer tests are not infallible and can yield false positives due to factors like improper calibration or medical conditions. As your legal team, we thoroughly evaluate every aspect of the evidence to determine the most effective strategy.
It’s also worth considering alternative sentencing options that Texas courts may offer. For instance, a deferred adjudication program can help eligible defendants avoid a conviction on their record by completing probationary requirements. These alternatives can make a significant difference in the long-term impact of a DUI or DWI charge.
Comply With Post-Conviction Requirements
If you’re convicted, the court may impose various requirements, such as attending alcohol education classes, completing community service, or installing an ignition interlock device in your vehicle. Failing to comply with these requirements can lead to additional penalties, including license suspension or extended probation.
We guide our clients through post-conviction obligations, helping them fulfill all requirements efficiently. Our priority is to support you in regaining control of your life after a DUI or DWI conviction. By meeting these obligations promptly, you demonstrate to the court your commitment to addressing the issue and moving forward responsibly.
Why You Need an Experienced Criminal Defense Team
Facing DUI or DWI charges can feel overwhelming, but having a skilled criminal defense team by your side makes all the difference. We understand the intricacies of Texas law and have a proven track record of achieving favorable outcomes for our clients.
Whether it’s protecting your driving privileges, minimizing fines, or avoiding jail time, we’re here to fight for you. We work tirelessly to make certain your case receives the attention and care it deserves. From negotiating with prosecutors to presenting a compelling defense in court, we’re committed to achieving the best possible outcome for you.
The Importance of Taking Immediate Action
The period immediately following a DUI or DWI charge is critical. Acting quickly to secure legal representation and address your case can significantly influence the outcome. Delaying action may result in missed opportunities to challenge evidence or negotiate favorable terms with the prosecution.
We encourage anyone facing these charges to contact us as soon as possible. Early intervention allows us to gather evidence, interview witnesses, and develop a strong defense strategy tailored to your circumstances. With a proactive approach, we can help you minimize the impact of a DUI or DWI charge on your life.
Contact Us Today to Protect Your Rights
If you’re charged with DUI or DWI in Texas, the steps you take immediately following the arrest can significantly impact your case. Staying calm, exercising your rights, and seeking strong legal representation are crucial to achieving the best possible result.
With the support of a dedicated criminal defense team, you can face these charges with confidence and move forward. For personalized legal assistance, reach out to our office today here at The Torres Law Firm. Our attorneys are ready to help you protect your rights and your future.