Have You Been Arrested for DWI in Collin County or Dallas County?
You just got out of jail. It was awful. You do not want to go back. Take two minutes to read this, because you do not realize to what extent your life has just changed.
If you have been arrested for DWI or DUI, speak to a Pelley Law Office, L.L.P. DWI lawyer as soon as possible. Your chance for success decreases each day you wait to meet with an attorney. Contact us today to schedule a free legal consultation.
Proving Intoxication: More Difficult Than You Think
It is very easy for a police officer to arrest a citizen for DWI. The cop simply has to say he or she thought there probably was cause to believe you had too much to drink. It is much more difficult for the state to convict you. The state must prove you are intoxicated beyond a reasonable doubt, which is the highest evidentiary standard in the law. That is why it is so important to aggressively defend each DWI case.
Contact an Attorney as Soon as Possible
After a DWI or DUI arrest, you only have 15 days to request an administrative hearing or your driver's license will be suspended. You may be able to avoid that unnecessary inconvenience and expense if you speak to an attorney immediately after the arrest. If not, you will probably go back to jail if you do not have a license and are on your way to work, church or taking your kids to school and get pulled over for any reason. Cops do not care.
Penalties for Drunk Driving in Texas
The DWI and DUI defense attorneys of Pelley Law Office, L.L.P. aggressively defend the rights of clients charged with DWI or DUI in Texas. Drunk driving charges carry stiff penalties. In fact, the punishment for DWI is so stiff it does not even "fit the crime":
- First DWI: A minimum of 72 hours and up to 180 days in county jail, up to a $2,000 fine, or both plus court costs, fees, and surcharges. (There is a minimum of 6 days jail time if an open container was in the car).
- Second DWI: A minimum of 30 days and up to 365 days in county jail, up to a $4,000 fine, or both plus court costs, fees, and surcharges.
- Three or more DWIs: 2 to 10 years in the Texas Department of Criminal Justice (TDCJ), up to a $10,000 fine, or both, plus court costs, fees, and surcharges. (This is a 3rd Degree Felony—the same degree as stealing $100,000 from someone or soliciting a minor online to have sex).
In addition, a conviction by way of plea bargain or at trial will result in an administrative surcharge of $3,000 to $6,000 over the next 3 years. You could also be ordered to install an ignition interlock device on your vehicle. This device is very expensive.
The Hassle of a Drunk Driving Conviction
Deferred adjudication is not an option for DWI. Since 1994, that has been prohibited by the legislature in the Texas Penal Code. You can get deferred adjudication for a speeding ticket, rape or homicide. But, you cannot get deferred adjudication for a DWI. Even if you have never been in trouble with the law previously, a first-time DWI will probably be prosecuted just as harshly as if you had a criminal history.
Why this insanity? Why does the government do this? Do you think this is fair? Having some drinks and then driving is not illegal — why were you arrested when you were not drunk?
The answer? Money. Your money. You will pay thousands of dollars to the state of Texas and your insurance company if you take a plea offer or go on probation. That is why we try DWI cases more frequently than any other type of case. We have a great success rate. Citizens accused of DWI need to have an experienced and successful DWI trial lawyer.
Our DWI defense attorneys will study the police report and other evidence and seek to get the charges against you dismissed. We will examine whether the officer had a reason to stop your vehicle and whether the field sobriety tests, Breathalyzer test and/or blood test were administered properly.
Dallas Drunk Driving Attorneys
The outcome of your drunk driving case will change your life. Contact our criminal defense firm at 972-608-0335 or 903-813-4778. We offer a free initial consultation.
