DWI charges in Texas are serious and come with severe penalties, including hefty fines, driver's license suspension, jail time, and mandatory ignition interlock devices (IIDs). Texas has some of the strictest DWI laws, and a conviction can have long-term consequences on your criminal record, employment, and insurance rates.
Allen sees a significant number of DWI cases in Texas, and law enforcement aggressively pursues charges against those suspected of driving while intoxicated. If you have been charged with DWI and DUI, it is best to act quickly. Our DWI defense lawyer is experienced in defending individuals in Collin County, helping clients fight for reduced charges or case dismissals.
At our law firm, we understand the difficulties of Texas DWI laws and will work diligently to protect your rights. Whether you are facing a first-time DWI or a felony DWI, we are ready to build a strong defense strategy for you.
Don't Delay in Consulting Our Allen DWI Lawyers to Protect Your Rights
Acting quickly is essential if you've been arrested for DWI in Allen. Delaying legal help can put your driving privileges and defense strategy at risk. Here's why immediate action is important:
The 15-Day Deadline to Save Your License
After a DWI arrest, you have only 15 days to request an Administrative License Revocation (ALR) hearing. Missing this deadline means your driver's license will be automatically suspended. A skilled DWI lawyer can file the request on your behalf and begin building a strong defense to challenge the suspension.
Here's how we can protect your rights and build a strong defense:
- Advising You on Your Rights and Next Steps: Many people unknowingly make mistakes that weaken their case. Speaking to law enforcement without legal counsel can lead to self-incrimination, and missing important deadlines can result in automatic license suspension. Our attorneys ensure you understand your rights and take the right steps from day one.
- Gathering Evidence Quickly: Key evidence can make or break a DWI case. Breathalyzer results, field sobriety test footage, and witness statements must be secured before they are lost or compromised. Our team moves fast to obtain, analyze, and challenge this evidence to uncover weaknesses in the prosecution's case.
- Providing Strategic Legal Advice: A DWI charge doesn't have to mean a conviction. Our attorneys evaluate the specifics of your case to determine the best defense strategy, whether it's challenging the legality of a traffic stop, questioning test accuracy, or negotiating reduced charges.
Contact our experienced Allen DWI lawyers today to protect your rights, fight for your license, and start building a strong defense.
What to Do After a DWI Arrest in Allen
Being arrested for DWI can be a stressful experience, but your actions in the moments following your arrest can significantly impact your case. Here's what you should do:
- Stay Calm and Composed: Remaining calm is critical during an arrest. Acting aggressively or arguing with law enforcement can escalate the situation and lead to additional charges. Cooperate respectfully while protecting your rights.
- Exercise Your Right to Remain Silent: You are not required to answer questions beyond providing basic identification. Statements made to the police can be used against you in court. For example, admitting to "just having one drink" may seem harmless but can be used to establish impairment. Politely state that you wish to remain silent until speaking with an attorney.
- Request Legal Representation Immediately: The sooner you have our experienced DWI attorney on your side, the better your chances of building a strong defense. Your lawyer can advise you on what to say, help protect your rights, and start gathering evidence to challenge the charges against you.
How Our Allen DWI Attorneys Can Help
A DWI charge can have serious legal and personal consequences, but our experienced criminal defense attorneys are ready to fight for you. Whether your case involves a misdemeanor or more severe charges, early legal intervention is critical.
- Immediate Legal Guidance: If you are arrested for drunk driving, anything you say can be used against you. Without proper legal advice, you might unknowingly provide statements that strengthen the prosecutor's case. For example, admitting to having even one drink could be used to establish probable cause for your arrest. Our attorneys ensure you take the right steps from the beginning, protecting your rights and increasing your chances of a favorable outcome.
- Protecting Your Rights: A criminal defense lawyer ensures that law enforcement follows proper procedures throughout your case. We can challenge the evidence if the arresting officer violated due process or failed to establish probable cause. Breathalyzer inaccuracies, improper field sobriety tests, or violations of your rights could lead to a reduction or dismissal of your charges.
- Building a Strong Defense: Every DUI case is unique, and we tailor our defense strategy to fit your situation. We thoroughly examine the evidence, question witness statements, and challenge the reliability of alcohol testing. We are fully prepared to take your case to trial and aggressively defend you against the prosecutor's claims if necessary.
- Avoiding a Conviction: A first-time DUI charge is typically a Class B misdemeanor, but a conviction can lead to jail time, fines, and a suspended license. Our criminal defense attorney will negotiate to reduce charges, seek alternative sentencing, or dismiss the case altogether.
Contact a DUI lawyer today for a free case evaluation and take the first step in protecting your future.
Why Choose Our Allen DWI Lawyer?
Our firm provides dedicated legal representation with a deep understanding of local laws and court procedures.
- Local Expertise: Our attorneys have extensive experience handling DWI cases in Allen. We are familiar with local courts, judges, and prosecutors, which helps us anticipate legal strategies and build a strong defense. For example, knowing how a specific judge interprets probable cause in drunk driving cases can influence how we challenge evidence.
- Proven Criminal Defense Strategies: Every DUI charge is unique, and we tailor our defense approach to fit your specific case. We analyze evidence, challenge breathalyzer results, and question whether law enforcement followed proper procedures. If mistakes were made, we use them to fight for a dismissal or reduction of charges.
We take pride in serving the following areas when facing DUI charges:
- Allen
- Dallas
- Collin
- Denton
- Parker
- Tarrant
Types of DWI Offenses We Handle in Allen
Our experienced criminal defense attorneys handle a wide range of DWI cases, from first-time offenses to more serious charges. Each case carries different penalties, but we use proven defense strategies to protect your rights.
First, Second, and Subsequent Offenses
- A first-time DWI is typically a Class B misdemeanor, punishable by up to 180 days in jail, fines up to $2,000, and a license suspension.
- A second DWI can be charged as a Class A misdemeanor, leading to one year in jail, increased fines, and longer license suspensions.
- A third DWI becomes a felony, carrying prison time, hefty fines, and long-term consequences.
- Defense strategies: Challenging probable cause for the stop, questioning breathalyzer accuracy, and negotiating for reduced charges.
Aggravated DWI
- A DWI with a BAC of 0.15% or higher can result in harsher penalties.
- Other aggravating factors include causing an accident, having a minor in the vehicle, or resisting arrest.
- Defense strategies: Examining alcohol testing procedures, questioning police conduct, and challenging the prosecutor's evidence.
DWI with Child Passenger
- Driving under the influence with a child under 15 in the car is a felony in Texas.
- Penalties include up to two years in state jail, steep fines, and permanent damage to your record.
- Defense strategies: Arguing improper field sobriety testing, disputing the officer's suspicion, and negotiating alternative sentencing.
DWI Accident Cases
- If an accident results in injury or death, charges can escalate to intoxication assault or intoxication manslaughter, which are felony offenses.
- Penalties range from two to 20 years in prison, along with heavy fines and restitution to victims.
- Defense strategies: Investigating whether alcohol was the direct cause, challenging probable cause for arrest, and using expert witnesses.
Understanding DWI Charges in Allen
Being charged with drunk driving in Allen carries serious legal consequences. Texas law sets clear blood alcohol concentration (BAC) limits for different categories of drivers.
- Legal BAC limits: for most drivers, a BAC of 0.08% or higher constitutes a DWI charge. However, commercial drivers face stricter limits at 0.04%, and drivers under 21 can be charged with a DWI for any detectable amount of alcohol.
- Potential Penalties: they include fines, jail time, and license suspension, with harsher consequences for repeat offenses. A first-time DWI is typically a Class B misdemeanor, punishable by up to 180 days in jail, fines up to $2,000, and a license suspension of up to one year. A second offense leads to increased fines, longer jail time, and extended license suspension. A third DWI becomes a felony, resulting in severe penalties, including years in prison. Additional factors, such as high BAC levels or causing injury, can lead to enhanced charges and more severe punishments.
- Long-Term Impacts: these go beyond fines and jail time. A criminal defense lawyer can help minimize these consequences, but a conviction can affect employment opportunities, professional licenses, and insurance rates. A DWI stays on your record, making it difficult to secure certain jobs or housing. Additionally, multiple DWI convictions can lead to longer license suspensions, mandatory alcohol education programs, and the installation of an ignition interlock device.
A strong legal defense is essential to challenge probable cause, question the accuracy of tests, and protect your rights in court.
Texas DWI FAQ
What is DWI?
DWI is a criminal offense that says a person may not drive a motor vehicle in a public place while “intoxicated.” The DWI statute does not say driving while drunk or “drunk driving.”
What is the legal definition of intoxication?
The legal definition of intoxication in Texas is:
- Having an alcohol concentration of 0.08 or more
- Not having the normal use of physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substances into the body.
- Not having the normal use of mental faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substances into the body
What does ‘normal’ mean?
According to the law, the definition of the word normal is the average person. The problem is how do we determine the average person? The law is vague in this subject, which lends itself for good argument to a jury that everyone is different and each has his own normal.
What is 0.08-alcohol concentration?
“Alcohol concentration” is defined by statute as: a. the number of grams of alcohol per 100 milliliters of blood; b. the number of grams of alcohol per 210 liters of breath; or c. the number of grams of alcohol per 67 milliliters of urine. A 0.02 equals one drink. A drink is 1-¼ ounces of liquor, 1 12oz beer, or 1 glass of wine. It takes one hour for the body to burn off a 0.02 down to a 0.00. Thus, to reach a 0.08 a person must consume four drinks in one hour.
Am I required to answer any questions, take Field Sobriety Tests, or take a breath test?
Under criminal law, you are not required to perform any type of test or answer any questions to the police officer. You have the right to refuse any tests and request an attorney. However, if you refuse to attempt these tests, the officer most likely is going to arrest you. Further, the civil law, which your driver’s license falls under, does not protect you. In fact, when you applied for your driver’s license you unknowingly consented to any future tests, if to which you refused you would lose your driver’s license for a period of six months. The decision is yours and there is a civil risk (your license), but you do have rights, and should not waive them. Always request your lawyer and don’t cooperate with anything if you wish to exercise your rights.
Does a person have a choice to refuse being videotaped?
No. However, although a person has no right to refuse being videotaped, he does have the right to refuse to perform any police field sobriety exercises and to refuse to answer any questions, the answers to which, might be incriminating. Unlike breath or blood test refusals, there are no penalties for refusing to perform field sobriety tests or refusing to answer questions while being videotaped.
Are Field Sobriety Tests very accurate?
If performed in a controlled environment in the exact proscribed standardized manner, the tests can be a likely indicator of intoxication. This is hardly done in the street. The research conducted by the National Highway Traffic Safety Administration, the designers of the tests, concluded the Horizontal Gaze Nystagmus is 77% accurate, the Walk & Turn is 68% accurate, and the One Leg Stand is 65% accurate only when administered in the prescribed, standardized manner. Any change from the standardized manner will compromise the tests validity and make any result inaccurate. When not conducted properly it becomes an opinion test of the officer. Therefore, these tests will inaccurately claim 23% – 35% of the people tested as intoxicated. Which when done incorrectly, which is the norm, can drop the accuracy to a frightening level.
What can affect my performance on Field Sobriety Tests?
Even SOBER persons can have difficulty with these tests, as stated by The National Highway Traffic Safety Administration. The reason is as the NHTSA has admitted, are several factors that affect every person, such as:
- Age
- Being ill
- The distraction of traffic
- The police car’s strobe lights
- Fatigued
- Footwear
- Lack of coordination
- Gusts of wind
- Weight
- Road or sidewalk conditions
- Allergies
- Scared
- Head lights of traffic
- Weather conditions
- Being nervousness
- Back problems
- Leg or knee problems
- Inner ear disorders
What is the State’s burden of proof to prove me guilty?
The State of Texas must prove your guilt “beyond a reasonable doubt”, which is the highest burden of proof in the justice system. It is not defined, by Texas law, but can be easily explained to a jury.
The lowest burden of proof is probable cause. That is how an officer can start an arrest.
The next highest burden of proof is preponderance of the evidence. This is the amount of proof needed in civil courtrooms involving civil suites. A preponderance of the evidence is proof amounting to 51% or who can move the scales of justice. The next highest burden of proof is clear and convincing evidence. This is amount of proof that will cause a juror or judge to have a “firm belief” in the matter to be proved. This is used in custody cases. Most juries when they hear that the burden of proof is higher than that to take their kids away from them understand the high level of proof. Beyond a Reasonable Doubt is the highest burden of proof. A jury must have more than that necessary to take your kids away in evidence that you were intoxicated before they could find you guilty. This is very simple, if a juror has a single doubt, based on reason, as to a person being intoxicated, they must follow the law and find them not guilty.
Do I have the right to an attorney before deciding whether to take a breath or blood test?
Texas law does not give you the right to speak with an attorney prior to making the decision of whether or not to take the field sobriety tests, the breath test or blood test. However, the law does not require you to perform any field sobriety tests or to take a blood or breath test so continue to ask for an attorney and refuse to cooperate and the likely chances of being found NOT GUILTY can increase!
How long will a DWI arrest stay on my record?
If you are convicted of the DWI, it will be on your record for life. Furthermore, a DWI conviction can be used for ten years to enhance your punishment of you are arrested for DWI again. If you are found Not Guilty, you can have the arrest and DWI charge “expunged” from your record.
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Contact Our Allen DWI Attorneys Today!
If you have been arrested for drunk driving, don't wait to seek legal help. The sooner you contact a criminal defense lawyer, the better your chances of protecting your rights and building a strong defense. Waiting too long can result in lost evidence, missed deadlines, and a higher risk of conviction.
Our experienced DWI attorneys are ready to fight for you. We offer a free case evaluation to discuss your options and develop a defense strategy tailored to your situation.
Contact our law offices today in the following ways:
Phone: Call us at (972) 597-2037
Contact Page: Fill out our contact form here.