When someone drives under the influence of alcohol, they are putting themselves and everyone around them in harm’s way. If you are caught driving with a Blood Alcohol Content of 0.08 percent or higher in the state of Texas, you can face DWI charges. If you find yourself in this situation, you need to have a McAllen, Texas DWI lawyer on your side that can explore all possible defenses to your charges. The legal team at the Law Office of Angel Davila is ready to put our years of experience to the test for you. To discuss your situation with an experienced team of attorneys, contact the Law Office of Angel Davila today.
DWI Lawyer in McAllen, Texas | On Your Side
Everybody makes mistakes. If you are accused of driving while under the influence of drugs or alcohol, you need a competent attorney on your side. Fortunately, a knowledgeable Hidalgo County, Texas criminal defense lawyer here at the Law Office of Angel Davila is here to fight for your rights, every step of the way.
First Offense DWI
When a law enforcement officer pulls you over on suspicion for driving while intoxicated, you will likely be asked to take a chemical breath test to determine your blood alcohol content. If your BAC is greater than 0.08 percent, you can be charged with a DWI. The state of Texas imposes very harsh penalties on those who drive under the influence. If you have been charged with a first-offense DWI, the consequences you face may include the following:
- A fine of up to $2,000
- Between 3 and 180 days in jail
- A license suspension of up to 1 year
- A $2,000 fee (maximum) each year for 3 years to retain your driver’s license
- Community service
- DWI education and treatment programs
Second Offense DWI
While the consequences of a first-offense DWI are serious, it is important to be aware that each subsequent conviction has even more significant penalties. The penalties of a second offense DWI conviction include the following:
- Fines of up to $4,000
- Jail time ranging from 1 month to 1 year
- Driver’s license suspension for a minimum of 1 year and up to 2 years
- A fee of up to $2,000 each year for 3 years to retain your driver’s license
- Community service requirements
- DWI education and treatment programs
- Possible ignition interlock device installation
Third or Subsequent Offense
A third or subsequent DWI offense has some of the harshest consequences you can face for a crime of this nature. These penalties include the following:
- A fine of $10,000
- 2 to 10 years in prison
- A driver’s license suspension for 1 to 2 years
- A fee of up to $2,000 each year for 3 years to retain your driver’s license
- Possible ignition interlock device installation
Additional DWI Offenses
Like any other criminal matter, the circumstances surrounding a case can lead to various additional consequences. A few examples of these in Texas include the following:
- Refusing to take a sobriety test can result in a license suspension of 180 days if it is a first-offense DWI, and 2 years if it is a second or subsequent DWI offense.
- Driving while intoxicated with a child under the age of 15 in the vehicle is a felony that can result in 180 days-2 years in state jail and a maximum fine of $10,000.
- Driving while intoxicated with a blood alcohol content of 0.15 or higher is considered a Class A misdemeanor that can result in 1 year of jail time and a maximum fine of $4,000.
DWI for Commercial Drivers
Commercial drivers need to be aware that if they are caught driving with a blood alcohol content of 0.04 percent or higher, they can face DWI charges. Of course, this BAC requirement is significantly lower than other drivers who will only be charged if they have a BAC of 0.08 percent and up. If you are convicted of a DWI with your commercial driver’s license, you may be in jeopardy of facing significant implications on your current CDL job, as well as future employment prospects.
Ignition Interlock Device Requirements
Any drivers with two or more DWI convictions on their record within a 5-year period will be ordered to install an ignition interlock device, in accordance with Texas law. An ignition interlock device requires a driver to take a breathalyzer test each time they get in the car to drive. If a BAC of greater than 0.02 percent is detected, the car’s engine will not start. You will likely be responsible for any expenses related to the ignition interlock device, including the cost of installation into your vehicle and any other vehicles you have access to, a monthly fee, and a removal fee upon the end of the required period of installation.
DWI Defenses
With the help of an experienced attorney, you may be able to have your DWI charge reduced or thrown out altogether. There are several defenses that your attorney should explore when handling your DWI case, some of which include the following:
- Whether the traffic stop was lawful
- Whether the tests taken were accurate
- Whether the law enforcement officer was acting out of conduct
- That you were involuntarily intoxicated
- Failure to properly conduct field sobriety tests
Of course, your attorney can assess the circumstances surrounding your case to determine if any of these defenses may be applicable. Speak with a McAllen, Texas DWI lawyer from the Law Office of Angel Davila today.
Contact Us Today!
If you or a loved one has been charged with driving while intoxicated in the state of Texas, it is important to have a legal team you can trust to fight your case and protect your future. Our Texas legal team has proudly served clients throughout the state when they are facing charges of driving while intoxicated. If you need an attorney that can effectively represent your interests, contact the Law Office of Angel Davila.
