DWI Charges

Driving While Intoxicated

The penalties in Texas for driving while intoxicated are severe. In Texas, driving while under the influence of alcohol or drugs could result in jail time, fines and loss of driving privileges. For a first offense, the accused could face any of the following: 3 to 180 days in jail, up to $2,000 in fines and a license suspension of up to one year. Penalties get increasingly more severe with each subsequent drunk driving offense. A third offense could result in incarceration in a Texas Prison.

A Driving While Intoxicated charge can affect an individual outside of the courtroom as well. Insurance rates will likely go up. Employment opportunities will be limited, especially if driving a company automobile or truck is part of the job responsibility. Upon conviction of a DWI, the Texas Department of Public Safety (DPS) will impose a surcharge of up to $1500 a year for three years.

If you have been arrested for DUI, you need to understand what is at stake. You must immediately respond in court for the criminal charges and, depending on the circumstances of the arrest, take affirmative measures to defend your driving privileges with the Department of Public Safety (DPS). Fortunately there are effective defenses available that will help you. You must act fast, however. You may only have 15 days after arrest before your license is automatically suspended.

Drunk Driving

A driver is considered to be over the legal limit of alcohol when their blood alcohol level or breath alcohol concentration is 0.08 percent or higher. Without scientific testing, an officer could base an arrest on his opinion that the driver has lost the normal use of his mental or physical faculties. Read more…

License Suspensions

An arrest for DWI carries with it the risk of a loss of driving privileges. Refusing a alcohol breath test is grounds for an automatic suspension. A conviction for Driving While intoxicated, without the sentence being probated, will result in further suspension of drivers license. Read more…

Am I Going to Jail? 

Those who have been arrested and convicted of DUI previously may face a greater risk of being placed in jail.A first offender is not likely to go to jail, if he is willing to suffer through probation conditions. Read more…

Field Sobriety Tests

A field sobriety test is anything that a police officer uses to determine whether or not a driver is intoxicated. Generally speaking, the officer is instructed to limit the tests to standardized field tests authorized by the National Traffic Safety Administration. Read more…

DWI FAQ

Find out the answers to common questions many people have about DWI arrests and charges. Read more…

The Traffic Stop

All DWI cases begin when an officer stops a driver or shows up at an accident scene.  Sometimes the nature of the stop may be grounds to have your Driving While Intoxicated charges dismissed. Read more…

Probable Cause to Arrest

Even if the police officer had cause to pull a driver over, they must still have probable cause to arrest a driver for DWI. Since DWI is a crime based on opinion, the investigation must be sufficient to prove probable cause. Read more…

Driving While NOT Intoxicated

It often happens that people pulled over and arrested for DWI are not over the legal limit. There is much you can do to prevent a conviction. Read more…

Breath Tests

In some states a breathalyzer is used. Texas uses the intoxilyzer test to determine breath alcohol concentration. Although admissible as evidence, the machine used to determine concentration can produce faulty results or be administered faultily. Read more…

Traffic Stop Considerations

Although most Judges don’t want to believe that a stop was made without reasonable suspicion, a skilled attorney can still prove the illegality of the police officer’s action and get the DWI dismissed. Read more…

Repeat DWI

Those who have previously been charged with DWI face more severe penalties. If this is your third DWI charge, you may be facing a felony charge. Read more…

Will I Lose My License?

If you are arrested for drunk driving you will be told that you will “automatically” have your license taken away. However, you have the right to contest the arrest at an Administrative License Revocation Hearing.Read more… 

Occupational License

Even if your license is suspended, you may still be permitted to drive for occupational and child rearing responsibilities. Read more…

Search and Seizure

Under the fourth amendment, you are protected from an unlawful stop and search of your vehicle. Read more…

Boating While Intoxicated

A motor boat is considered a vehicle for purposes of the DWI laws. These arrests are usually made by Texas Park Rangers, who begin the investigation by stopping boats for routine safety inspections. Read more…

DWI Defense

Many people wrongly assume that their case is hopeless. After all, the breath or blood test they took has already condemned them. However, this would be a mistake. There are  strong lines of defense that an experienced attorney can use to get drunk driving charges dropped. Read more…

 

If you have any more questions about your DWI, please call us at Chernoff Law! Our consultations are free and you will be able to speak to a board certified attorney.