DWI Attorney Fort Worth

Aggressive Defense Against DWI & DUI Charges in Texas

Being arrested for DWI or DUI in Fort Worth can be a life-altering experience and cause trouble for you and your family for years to come. 

If convicted, you will carry a permanent criminal record that can cause stress with friends and family, difficulties with employment opportunities, and financial stability, and can lead to even harsher penalties for any future convictions. Penalties for DWI in Texas are stiff, and prosecutions are vigorously pursued.

Learn how we can help with drunk driving cases involving:

• Administrative licenses
• DWI penalties
• Field sobriety tests
• First DWI offenses
• Multiple DWI offenses
• Occupational Driver's Licenses

A conviction for DWI not only affects your record but can also have implications on your personal life. Licensed professionals may face additional scrutiny from professional boards, leading to possible suspension or revocation of licenses. Business owners might see a decline in client trust, and military personnel could face sanctions. It's crucial to understand that each case has unique factors that must be considered, and our team is dedicated to identifying these aspects.

Are you facing a DWI charge in Texas? Call The Alband Law Firm today at (817) 997-4366 or contact us online to schedule a meeting.

Texas DWI Laws

Driving while under the influence of alcohol or drugs is a serious crime in the state of Texas. The laws regarding DWI (driving while intoxicated) and DUI (driving under the influence) are outlined in the Texas Penal Code. In order to be convicted of a DWI or DUI, the prosecution must prove that the driver was operating a motor vehicle in a public place while impaired by alcohol or drugs or that their blood alcohol concentration (BAC) was above the legal limit.

The legal limit for BAC in Texas is .08% for drivers 21 and older, .04% for commercial drivers, and .01% for drivers under 21. However, even if a driver's BAC is below the legal limit, they can still be arrested and charged with DWI or DUI if the officer has probable cause to believe the driver is impaired.

The determining factor of if you are DWI is if you are unable to operate a vehicle safely due to the ingestion of drugs or alcohol, regardless of the actual level of alcohol in your bloodstream.

It is important to note that Texas has an "implied consent" law, which means that any person operating a motor vehicle on a public road has consented to a chemical test of their breath, blood, or urine if they are arrested on suspicion of DWI or DUI. Refusal to submit to a chemical test can result in additional penalties.

Apart from the immediate penalties, a conviction can impact insurance premiums significantly. Insurance companies may classify you as a high-risk driver, resulting in increased rates. Additionally, the incident can affect your social status and community involvement; participation in certain activities could be restricted. Understanding these additional impacts is critical, and having a knowledgeable DWI attorney to navigate these issues is invaluable.

What Are the Penalties for DWI in Texas?

When possible, it is always best to use a designated driver or to call a friend or a cab for a ride, as penalties can be severe for DWI convictions and can get progressively harsher with multiple DWI arrests.

First-time DWI conviction:

• Fines up to $2,000
• Up to 180 days in jail
• 90 days to 1 year suspension of driver's license

Second DWI conviction:

• Fines up to $4,000
• Up to 1 year in jail
• Up to two years of license suspension
• Installation of an Ignition Interlock Device

Third DWI conviction:

• Fines up to $10,000
• Up to 10 years in prison
• Two years of license suspension
• Installation of an Ignition Interlock Device

Aside from these penalties, there are also mandatory educational programs that offenders may need to complete. Programs such as DWI education and intervention include classes that emphasize the dangers of drunk driving and aim to prevent future offenses. Offenders may also be required to participate in a victim impact panel where they learn firsthand about the consequences of impaired driving. These additional mandates underscore the importance of addressing all aspects of a DWI charge with a comprehensive legal strategy.

Local Trends & DWI Statistics in Fort Worth

In Fort Worth, DWI incidents are a significant concern for local law enforcement with a consistent number of arrests each year. According to recent statistics from the Texas Department of Transportation, Tarrant County, which includes Fort Worth, ranks among the top counties in Texas for DWI-related accidents. Understanding these trends is essential for residents, as it highlights the prevalence of DWI issues and the crucial need for adept legal defense when facing such charges.

Moreover, seasonal events such as holidays and major sporting events often see a surge in DWI arrests in the area. Local campaigns, including public service announcements and increased patrols, aim to reduce the incidence during these periods. For those involved in such incidents, having a defense team familiar with these regional nuances can be an advantage. The Alband Law Firm stays updated on these trends, tailoring defense strategies to help clients navigate the local legal terrain effectively.

How The Alband Law Firm Can Assist in DWI Defense

At The Alband Law Firm, we believe that understanding the unique aspects of each client's situation is paramount. Our approach involves a thorough investigation of the incident, examination of police conduct, and assessing whether all procedures were correctly followed. With extensive experience within the Fort Worth legal framework, we aim to challenge any discrepancies that can impact the outcomes, such as unlawful stops or procedural missteps.

Our personalized defense strategies extend beyond traditional arguments, exploring every facet that could favorably influence a client's situation. From questioning the accuracy of breathalyzers to evaluating the legality of the traffic checkpoint, we leave no stone unturned. Our commitment is to ensure our clients receive a fair trial and that their voices are heard. This dedication has contributed to our reputation as a reliable choice for DWI defenses in Fort Worth.

Defenses Available Against a DWI Charge

Most defenses against DWI charges stem from police mistakes. Here are some:

• Police Error: The policeman stops you based on an anonymous phone call. He must know who it was who called.
• No Probable Cause: A policeman stops you on a hunch with no objective reason.
• Testing Protocols: The technician fails to follow the Department of Public Safety's rules in administering the alcohol testing.
• Invalid Stop: The policeman stops you for a violation you did not commit.
• Speed Claims: The policeman stops you for driving too slowly but can name no specific code violation you violated.
• Lack of Evidence: You are arrested based on your statements alone with no other evidence of your guilt.
• Misuse of Stop and Search Procedures: The policeman stops you for no other reason than to check driver license and car registration.

All these mistakes and more may result in dismissal!

Additionally, we may challenge the reliability of the administered field sobriety tests, which can often be inaccurate due to factors such as uneven ground or medical conditions that could affect balance. Chemical test results can also be contested based on the timing of the test relative to when the driving occurred, as BAC can rise over time.

Contact Our DWI Lawyer Today

Letting your legal rights remain unprotected and risking your future livelihood isn't worth it. Our skilled DWI attorney at The Alband Law Firm can provide you with clear answers, exemplary legal representation, and years of experience in dealing with DWI defense. We will work diligently for your case and work for the best outcome possible.

Whenever you are facing criminal charges in Texas, you have inalienable rights after an arrest, including:

• The right to remain silent (you don't have to tell anyone how many drinks you had).
• The right against self-incrimination.
• The right to speak to an attorney before answering questions and the right to have an attorney present if you choose to answer questions.
• The right against unlawful searches and seizures.
• The right to know what you are being charged with.
• The right to bail if it's allowed under the law.

As your advocate, we ensure thorough investigation and due process. We examine every detail, from the initial police stop to breathalyzer calibration, and develop a defense strategy aligned with your unique circumstances, fortifying your position at every stage of legal proceedings. Reach out today to protect your rights and future.

Frequently Asked Questions About DWI Offenses

Should I Plead Guilty?

Many decide to be apathetic about their case and plead guilty. This is not always the best approach; what if there were compelling defense possibilities? What if law enforcement had failed to administer the tests correctly, making them invalid?

Never make a plea in a DWI case without consulting a lawyer to determine how to proceed. Wait to discuss your case with anyone or answer questions at the scene or the police facility until your attorney is there to protect your rights.

Pleading guilty can lead to a permanent record, which can impact more than just immediate penalties; it can hinder future job opportunities, professional licensing, and personal reputations. A legal consultation can navigate these outcomes, providing insights and alternatives to ensure an informed decision tailored to your situation.

Will my License be Suspended?

When you are arrested and charged with a DWI in our state, your license is automatically suspended 15 days after you are charged. The length of time of the suspension varies depending upon several factors: your blood alcohol content (BAC), your previous convictions on DWI, and whether an accident, injury, or death occurred in the incident.

There are immediate steps that can be taken to assist you in fighting to avoid the suspension of your license. This activity should be initiated in conjunction with your DWI defense.

By promptly requesting an Administrative License Revocation (ALR) hearing, you have a chance to challenge your suspension. This hearing is an opportunity to question the evidence against you and maintain your driving privileges throughout the legal process. The stakes are high, and navigating this process with professional guidance is crucial.

What Do I Do If I Am Stopped for Suspicion of Drunk Driving?

Many people make serious blunders when stopped by the police. The most significant error you can make is answering questions from law enforcement. You are being videotaped to gather evidence against you. There is only one goal: conviction.

If a friendly law enforcement officer wants to discuss your case, you should know that he or she is merely gathering evidence to turn over to the prosecutor. In such cases, there is no such thing as a friendly police officer, and they are not there to help you.

In these situations, it’s critical to remain calm and courteous while refusing substantive conversation until your legal representative is present. Know your rights, and remember that you’re under no obligation to participate in field sobriety tests. Upon request for your license and registration, cooperate with simplicity.

Isn't it Cheaper to Plead Guilty?

When you add up the damages, you will face a DWI conviction; having a skilled lawyer is cheaper than you think. What if you plan to advance your career in your field, and you now have a DWI conviction on your record?

You can be sure that future employers consider the stability of those they hire, and you can significantly damage your future employment by having a DWI conviction on your permanent criminal record, not to mention the increased costs of insurance, fines, and other costs associated with a sentence.

The long-term financial implications of a DWI conviction go beyond initial fines and court fees. With increased insurance premiums, potential job loss, and the subsequent difficulty in securing future employment, these costs accumulate over time. Consulting with a lawyer can help navigate options like plea bargains or alternative sentencing, potentially minimizing financial and personal impact.

How Can Field Sobriety Tests Be Challenged?

Field sobriety tests, frequently administered by law enforcement officers, are designed to evaluate a driver's physical and cognitive abilities under the suspicion of impairment. These tests, which may include the Horizontal Gaze Nystagmus Test, Walk-and-Turn Test, and One-Leg Stand Test, are subjective and rely heavily on the officer's judgment. Misinterpretation or error during the administration of these tests can lead to unjust arrests.

Several factors can influence the outcome of field sobriety tests, such as weather conditions, uneven surfaces, or the suspect's physical condition, or disabilities that law enforcement may not consider. A proficient DWI lawyer from The Alband Law Firm can scrutinize the validity of these tests, questioning the officer's adherence to standardized procedures and potential biases that could compromise fairness.