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An experienced Texas DUI / DWI Lawyer can make a huge difference in your case

If you face a DWI/ DUI charge in Texas, you need the steady hand and voice of a well-respected and effective advocate. If you are like most people arrested for a DUI in Texas, you are scared about going to jail or prison. You wonder how you will get by if your driver's license is suspended or you are forced to install a breath test machine in your car or truck. If the prospect of having a criminal record, and the financial and social impact that a record would put on you and your family, then you owe it to yourself to read these pages about Texas DWI law and contact the attorney in the county where you were arrested for a free case evaluation.

Texas DWI cases are treated differently depending on the county, so it's important to talk with a local lawyer who practices regularly in the county of your arrest. Use the menu below to locate a TX DWI attorney that you can talk with about your case.

Texas DWI Penalties and TX DUI Consequences

The Texas DWI punishment that a judge must give you depends on a number of factors. The most important variable is whether you have any prior DWI convictions in Texas, or that the prosecutor in your case can find out about and prove. For example, if this is your first DUI charge, you face a minimum sentence of 72 hours in jail, plus fines, community service, a Texas DWI education program, and a license suspension. If you have one prior DWI conviction, the minimum jail sentence becomes 30 days (up to 1 year), and if you have 2 or more prior DUI convictions in Texas or anywhere else, Texas DUI law mandates a term of between 2 and 10 years in the state penitentiary, and 80 - 200 hours of community service.

Other factors that influence sentencing are your alcohol level, whether there was an accident, whether you put passengers or others in danger, your level of cooperation, and many other factors that your Texas DWI attorney will help you understand. There are also mitigating factors that your attorney will help you develop that can cause your sentence to be lessened (but never below the mandatory minimum).

A DWI is so serious that making the wrong move or not making any move at all can cause you and your family hardship for the rest of your life. With a DWI on your record, you could be refused life, disability and insurance. Your auto insurance could be cancelled or your rates could skyrocket. Your ability to get a loan could even be affected.

It is okay to be afraid right now. Most people are. The best way to deal with the fear and nervousness is to educate yourself, and most importantly, get rock-solid and reliable legal advice from an authority in the area of Texas DWI defense.

Introduction To Texas DWI Laws

In Texas, drunk driving is commonly referred to as driving while intoxicated, or DWI (although the terms DWI and DUI are used interchangeably, and mean the same thing) and is a serious crime which involves jail time, the loss of your driving privileges, heavy fines, alcohol or drug treatment and a criminal record.

In most cases, Texas DWI law views drunk driving as a Class B misdemeanor. However, there are factors that will make it a felony. For example, you will be charged with a felony if you get a DUI / DWI arrest in Texas with a child under the age of 15 in your vehicle.

The legal limit for alcohol in Texas is 0.08 percent alcohol concentration. This means that if your alcohol level as tested by Texas law enforcement is at or above that level, the law will presume that you were impaired by alcohol. Even if you are not at the  legal limit, you can still get a DWI charge if your use of your mental and physical abilities are lessened by alcohol to the extent that it would impact your ability to drive.

Don't go to court without an experienced Texas drunk driving defense attorney

The Texas DWI court process is a serious criminal proceeding. The prosecutor's job is to try to convict you of a crime that can send you to jail or prison and result in a permanent criminal record. Don't expect to talk your way out of it. You should be aware from the start that if you speak directly to the prosecutor or judge without having an attorney, what you say can be used against you. You also need to understand that if you are not represented, you will be held to the standard of a practicing attorney, which means that you need to know Texas Court procedures, local county court procedures, the rules of criminal procedure and evidence, and how to talk in court.

You have a right to a jury trial, and it is never a good idea to give up this right, or any other right, without the advice of an experienced TX DUI / DWI Lawyer. There is simply too much at stake not to take your case seriously and get serious help.

Your Texas DWI Case May Not Be As Bleak As It Seems

There is a common myth that Texas DWI cases are hopeless, and that there's no use spending time, money and energy trying to fight the charge. This is a myth, and there is a lot that can be done in your case that could result in a dismissal or reduction of the charges. For example, did you know that Texas DWI chemical testing is an inexact science, and that the results can make you look guilty when in fact you aren't. The testing processes are susceptible to machine, computer and human error. Without the help of an experienced Texas DUI attorney investigating your case and advocating for your rights, you may not ever know that there was something wrong that could have cancelled the charges against you.

There are many other potential problems in the State's case against you. There are real things that result in DWI cases being reduced or dismissed quite often. They include evidence issues, chain of custody issues, problems with State's witnesses, such as credibility or availability issues. The State may simply lack the evidence to prove you guilty, but without an experienced and aggressive attorney actively investigating the case for you, there is a greatly lessened chance that you will ever know there was a problem, and slim to no chance of you being able to fully maximize the leverage created for you by a hole in the State's case.

You owe it to yourself to consult with an experienced Texas DUI / DWI lawyer to determine whether you have a case. Most lawyers who defend drunk driving cases in Texas offer a free initial consultation, so you literally have nothing to lose and everything to gain by contacting a lawyer. You will feel much better knowing that you have done your due diligence. If you do, years down the road, you won't have to wonder and second guess your actions (or inaction). Before you do anything further, at least contact a lawyer and talk it over. There is simply too much at stake for you, your future and your family to bury you head in the sand and hope that this will go away by itself. It is highly unlikely that it will.