Welcome to the Ried Pecina Trial Lawyers blog! Today, we’re tackling a critical issue many Brownsville residents may face: drunk driving charges. Whether you are dealing with a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) charge, understanding your rights and the legal process is essential. Here’s a roadmap to navigating a DUI or DWI charge in Brownsville, Texas.
What Is a DUI or DWI Charge?
In Texas, the term DUI is typically used for minors under the age of 21 who are caught driving with any detectable amount of alcohol in their system. Brownsville drunk driver lawyers will tell you that for adults, the term DWI is generally used. Both DUI and DWI offenses carry serious legal consequences, though they are addressed differently depending on the age of the driver and the specifics of the case.
- DUI (Driving Under the Influence): Refers to minors under 21 with any detectable amount of alcohol in their system.
- DWI (Driving While Intoxicated): Applies to adults with a blood alcohol concentration (BAC) of 0.08% or higher or who are otherwise impaired by alcohol or drugs.
Potential Consequences of a DUI or DWI Charge
Best DUI lawyers point out that a DUI or DWI charge in Texas can lead to significant consequences, including:
- Fines: Ranging from $500 to $10,000, depending on the offense’s severity and whether it is a repeat violation.
- Jail Time: Sentences can range from a few days to several years in prison, especially with aggravating factors like prior offenses or serious car crashes.
- License Suspension: Convictions often result in the suspension of your driver’s license, which can impact your daily life and employment.
- Probation: Instead of or in addition to jail time, you may face probation with strict conditions.
- Mandatory Programs: Offenders often need to complete alcohol education or rehabilitation programs.
Standard Field Sobriety Tests
DUI DWI attorneys often explain when a law enforcement officer suspects you are under the influence, they may administer Standard Field Sobriety Tests (SFSTs). These tests are designed to evaluate a driver’s physical and cognitive abilities and include:
- Horizontal Gaze Nystagmus (HGN) Test: Involves following a stimulus (usually a pen or flashlight) with your eyes while the officer observes for involuntary jerking of the eyes, which can indicate impairment. DUI defense lawyers frequently find ways to challenge the administration of the Horizontal Gaze Nystagmus (HGN) test in an effort to suppress it from the state's evidence.
- Walk-and-Turn Test: Requires you to walk a straight line, heel-to-toe, for a specified number of steps, turn on one foot, and return in the same manner. Driving while intoxicated lawyers explain to their clients that this test assesses balance, coordination, and the ability to follow instructions.
- One-Leg Stand Test: Driving under the influence lawyers explain to the accused that this test involves standing on one leg for a specified period, usually 30 seconds, while counting aloud. The test evaluates balance and coordination.
Understanding the Limitations of Field Sobriety Tests
While SFSTs can provide indications of impairment, they are not foolproof. Driving under the influence attorneys explain that several factors can affect the results:
- Medical Conditions: Health issues such as inner ear problems or neurological conditions can impact balance and coordination.
- Environmental Factors: Uneven surfaces, poor lighting, and weather conditions can affect performance on these tests.
- Nervousness: Drunk driving attorneys point out that stress and anxiety can also impact your ability to perform the tests accurately.
The Role of an Experienced Attorney
Our drunk driving law firm knows that facing a DUI or DWI charge can be overwhelming, but an experienced lawyer can make a significant difference in your case. Our drunk driving defense attorneys explain how a skilled criminal defense attorney can assist:
- Evaluating Evidence: Your drunk driving defense lawyers will carefully review the evidence, including breathalyzer results and SFSTs, to identify any potential errors or issues.
- Challenging the Stop: If the police lacked a valid reason to stop your vehicle, dui defense lawyers explain that the evidence obtained might be inadmissible in court.
- Negotiating Plea Deals: A knowledgeable lawyer can negotiate with the prosecutor to reduce charges or penalties, potentially avoiding a conviction or lessening its impact.
- Representing You in Court: If your case goes to trial, your driving while intoxicated lawyers will present a robust defense, cross-examine witnesses, and advocate on your behalf before a judge or jury.
The Process of Defending Against a DUI or DWI Charge
- Initial Consultation: Contact driving under the influence lawyers as soon as possible after your arrest. Your DUI attorney will review the details of your case, including the circumstances of your arrest and the evidence.
- Pre-Trial Motions: Your driving under the influence attorneys may file motions to challenge the evidence or seek dismissal based on legal technicalities.
- Negotiation: If appropriate, your attorney will work with the prosecutor to negotiate a favorable plea agreement.
- Trial: If a plea deal is not possible, your case will proceed to trial, where your drunk driving attorneys will present your defense and argue your case.
- Sentencing: If convicted, your DUI defense lawyers will advocate for a fair and lenient sentence, considering your personal circumstances.
Why Choose Ried Pecina Trial Lawyers?
At Ried Pecina Trial Lawyers, located in Brownsville, Texas, we are dedicated to providing effective and personalized defense for individuals facing DUI or DWI charges. Our experienced driving while intoxicated lawyers are committed to protecting your rights and working toward the best possible outcome for your case.
Contact Us Today
If you’re dealing with a DUI or DWI charge in Brownsville, don’t face it alone. Reach out to Ried Pecina Trial Lawyers for a thorough consultation. Call us at (956) 225-2509 or visit our website to schedule an appointment.
A DUI or DWI charge is a serious matter, but with the right legal support, you can navigate this challenging time with confidence and work toward a positive resolution. Let us guide you through the process with expertise and dedication. You are innocent until proven guilty.