If you are arrested for Driving While Intoxicated (DWI) or Driving Under the Influence (DUI), it is important to understand that there are two things going on at the same time. First, there is the drunk driving charge itself, with penalties that can include probation, jail time or the penitentiary - depending on your criminal history, and the specific circumstances of your arrest. The second consequence is the possible suspension of your driver's license. If you've been arrested for either a DWI or a DUI, it is vital to contact a Round Rock drunk driving lawyer.
There are many ways to fight a drunk driving charge. An experienced Round Rock DUI attorney will know these angles.
A number of defenses must be investigated:
Unconstitutional Traffic Stops - In order for an officer to conduct a constitutional traffic stop, he must have reasonable suspicion that a traffic violation has occurred. All evidence discovered in an illegal stop, including the field sobriety tests, verbal admissions, breath tests, etc., could be suppressed and made inadmissible at trial.
Erroneous Field Sobriety Tests - There are three standardized field sobriety tests: Horizontal Gaze Nystagmus (a.k.a. "the eye test"), Nine-Step Walk-and-Turn, and the One-Leg Stand. These tests are standardized in that they must be administered the exact same way, every single time. Errors in the way the test was delivered could invalidate the results.
Failure to Read Your Rights - Once you have been arrested, the officer must read you your rights before he asks you questions. If he fails to do so, your answers are inadmissible. Sometimes an arrested person may say something that is very damaging to his case. However those statements may not be used against him in trial if the officer failed to respect his rights.
These are just a few of the many approaches to beating a DUI or DWI charge, and an experienced Round Rock DWI attorney can speak with you about your case at any stage of the DWI process to determine the best strategy for you.
Understanding the DWI Process in Texas
Being charged with a DWI can be a stressful and overwhelming experience. It's important to understand the legal process and your rights when facing a DWI charge in Texas. Our Round Rock DWI attorneys have extensive experience in defending clients against DWI charges and can guide you through each step of the process.
Key aspects of the DWI process in Texas include:
Arrest and booking procedures
Administrative license suspension hearings
Court appearances and arraignment
Evidence collection and discovery
Negotiating plea bargains or pursuing trial options
Having a knowledgeable and skilled DWI lawyer serving Williamson County on your side can make a significant difference in the outcome of your case. Contact The Law Offices of Ryan H. Deck today for a consultation to discuss your DWI defense options.
What To Do If You're Pulled Over for a DWI?
First thing to understand is Driving While Intoxicated is a very serious offense and law enforcement treats it that way. When you've been pulled over and the officer suspects you've been drinking, don't try to be funny or cute. Be respectful, but be firm in asserting your rights.
Second thing to remember is that you do NOT have to take the standardized field sobriety tests (SFSTs). In fact, the only thing you must do is identify yourself (and let the officer see your driver's license) and exit the vehicle when asked. Other than that, you can deny all field sobriety tests and refuse to answer any questions. Does that mean you should deny all tests and refuse to answer all questions? Not necessarily.
If you decide to answer the officer's questions, be clear and confident with your answers. When you're being pulled over and as you wait for him to approach your vehicle, go over in your head where you've been, where you're going and what you've been doing that day/night because you will most likely be asked those questions.
The officer will also likely ask you how much you've had to drink. If you've had more than a couple, you may want to politely tell the officer that you'll only answer his questions with your Round Rock DWI attorney present. The officer will try to talk you out of it, but stay firm in asserting your rights.
Most criminal defense attorneys will tell you that you should always deny all SFSTs. This is good advice. The safe bet is to deny them altogether, especially if you have bad balance or coordination. But it's important to know that if you deny the SFSTs you are definitely going to be arrested.
What to Do If You're Arrested for a DWI in Round Rock
If you've been arrested, at some point the officer will ask you to give a specimen of your breath or blood. It is best to deny this request. If this is your first or second DWI, you do not have to submit a specimen (unless the officer gets a warrant, but that is covered in a previous blog). Defending a DWI case with a blood or breath test above the legal limit is not impossible, but it's certainly more tough.
Facing a DWI arrest can be an overwhelming experience, but knowing the steps to take can help manage the situation more effectively. Here’s a guide on what to do if you find yourself in this predicament in Round Rock.
1. Stay Calm and Cooperative
Upon being stopped by law enforcement, it’s crucial to remain calm and polite. Avoid making any sudden movements and follow the officer’s instructions. Being cooperative does not mean admitting guilt, but it can help prevent additional charges such as resisting arrest.
2. Understand Your Rights
You have the right to remain silent beyond providing basic identification information. Politely inform the officer that you wish to exercise this right. Remember, anything you say can be used against you in court, so it’s best to avoid discussing the details of your situation until you have legal representation.
3. Contact a Lawyer Immediately
As soon as possible, contact an experienced DWI attorney in Round Rock. Legal representation is vital in navigating the complexities of DWI charges and can significantly impact the outcome of your case. A knowledgeable lawyer will guide you through the legal process, help protect your rights, and work towards achieving the best possible result.
4. Gather and Document Evidence
Collect as much information as you can about the arrest. If possible, take note of the officer’s name, badge number, and patrol car details. Document the circumstances of the arrest, including time, location, and any interaction details. If there were witnesses, gather their contact information as they might provide valuable testimony.
5. Consider Your Defense Options
Discuss with your lawyer the possible defenses available to you. This could include questioning the legality of the traffic stop, the accuracy of field sobriety tests, or the validity of breathalyzer results. Your attorney will assess these factors and determine the best defense strategy.
6. Attend All Court Dates
Failing to appear in court can result in additional penalties. Ensure you attend all scheduled hearings and meetings with your attorney to stay informed of your case's progress and any requirements you need to fulfill.
The Importance of Legal Representation
Having a skilled DWI attorney is crucial. They provide expert advice, represent you in court, and negotiate on your behalf. Their goal is to minimize the impact of the charges on your life, whether that means reducing penalties, negotiating plea deals, or, if possible, dismissing the charges entirely.
Facing a DWI charge can be daunting, but taking these steps can help manage the situation more effectively. Remember, you’re not alone—seek the support of a professional legal team to help navigate this challenging time.
DUI Penalties in Texas
In Texas, DUI offenses carry severe penalties aimed at deterring impaired driving and ensuring public safety. The precise penalties hinge on factors such as the count of prior offenses, blood alcohol concentration, and the presence of any aggravating circumstances.
First Offense: For a first DUI offense, penalties may include fines up to $2,000, a driver's license suspension ranging from 90 days to one year, and a possible jail term of three to 180 days. Moreover, individuals may be mandated to participate in alcohol education programs.
Second Offense: A second DUI offense escalates the penalties, including increased fines, a longer license suspension period, and mandatory installation of an ignition interlock device on the offender's vehicle.
Third or Subsequent Offense: Multiple DUI convictions result in more severe consequences. Penalties for such may include higher fines, longer license suspension or revocation, and an extended jail term.
Additional Penalties: Aggravating factors, such as having a minor in the vehicle or causing serious injury or death, can lead to enhanced penalties, including substantial fines and lengthy prison sentences.
It's crucial for individuals facing DUI charges in Texas to seek legal representation promptly. Our skilled Round Rock DUI attorney can assess the specific circumstances, build a strategic defense, and work to minimize the potential penalties, emphasizing the importance of responsible and sober driving.
Many criminal defense attorneys in our area will settle for a plea bargain when the client still has a defensible case; however we are willing to go to trial to defend our clients against DUI or DWI charges. We know how stressful it can be to find yourself faced with criminal charges, but when you have a seasoned attorney by your side, the chances of success are substantially improved.
If you are facing charges for driving while intoxicated, contact us online or call (512) 337-6285 for an aggressive DUI attorney in Round Rock. We will defend you against the charges you face.
Ryan Deck grew up in Williamson County where he attended Round Rock High School. After graduation, he attended Trinity University in San Antonio, Texas. After receiving his undergraduate degree in Finance, he attended The University of Houston Law Center, graduating in 2003.
