Driving While Intoxicated & Driving Under the Influence

 

Being charged for a DWI in Texas is one of the most difficult situations that you can be in when it comes to criminal law.  This is because of the strong public and political polices that we have in the State of Texas.  

 

Unfortunately, there are DWI laws for those who were not intoxicated, but did have something to drink and happened to be driving home during DWI patrol hours.  

 

The laws for DWI were created as a one-size fits all offense that good people often find themselves charged with.

 

There are many important issues in a DWI case that most people are unaware of and you deserve an experienced DWI Attorney to represent your interests.

 

Some of the issues that are commonly not understood or overlooked include:

 

  • Ignition Interlock Devices - While on bond for a DWI offense a court may require you to have a ignition interlock device installed on your vehicle.

 

  • Driver's License Suspensions 

    • When you are stopped for DWI this issue WILL come up.  By having a Texas Driver's License, you have agreed to supply a specimen of breath or blood to law enforcement when asked.  This is called implied consent and is located under Chapter 521 of the Texas Transportation Code.

    • In every DWI case there is a form called a DIC-24 Statutory Warning (See example) that is read.  This is where they inform you of your rights and potential consequences of refusal. 

    • You DO have a choice !  If asked for a specimen a person has a legal right to not give consent for the taking of a specimen. 

    • If you refuse or provide a specimen that shows an alcohol concentration of 0.08 or greater then you will be issued a DIC-25 (See example) Temporary Driving Permit. You have 15 days from the date the DIC-25 is issued to request a hearing on your driver's license suspension.  

    • Our office frequently handles this type of suspension for our clients.  If successful at the hearing a driver's license suspension can be avoided. 

 

  • Mandatory Surcharges - Upon conviction of DWI a person will be subject to the Texas Driver's Responsibility Program. (See DPS Surcharge List Here) 

 

 

© 2016 Law Offices of Brian Blessing P.C.

  • Facebook Social Icon
  • Twitter Social Icon
  • Google+ Social Icon
  • LinkedIn Clean