Harlingen DUI/DWI Attorneys

What are Possible Defenses in a DUI/DWI Case?

When facing a Driving Under Influence or Driving While Intoxicated charge, it is imperative to explore possible defenses to reduce severity of the charges or to seek their dismissal.

Here are some common defenses that can be employed in a DUI/DWI case:

• Improper stop: If the arresting officer did not have a valid legal reason to stop the vehicle, any evidence obtained stemming from the stop may be deemed inadmissible in court.
• Inaccurate field sobriety tests: Field sobriety tests, such as the horizontal gaze nystagmus, walk-and-turn, or one-leg stand, can be subjective or observed in error, and may not accurately reflect the driver's level of impairment, especially if performed under adverse conditions like poor lighting or uneven surfaces.
• Faulty breathalyzer: Breathalyzer devices must be properly calibrated and maintained. Any malfunction or improper use of the device can lead to inaccurate blood alcohol concentration (BAC) readings.
• Medical conditions: Certain medical conditions, like acid reflux or diabetes, can produce symptoms or chemical imbalances that mimic signs of intoxication or affect the results of breathalyzer tests.
• Rising blood alcohol: BAC can rise even after the driver has been stopped and arrested, meaning the BAC at the time of testing could be higher than it was while driving.
• Chain of custody issues: Proper documentation and handling of the evidence are critical. Any lapse in the chain of custody of blood or urine samples can lead to questions about their reliability.
• Violation of rights: If the defendant's constitutional rights were violated during the arrest or investigation process, such as failing to be read the Miranda warnings, or the traffic stop was illegal in the first place, the case could be dismissed.

Exploring these defenses with a skilled attorney can significantly impact the outcome of a Driving Under Influence or Driving While Intoxicated case, potentially leading to reduced charges or even a full acquittal.

What Offenses are Considered DUI/DWI Charges in Texas

In Texas, Driving Under Influence or Driving While Intoxicated charges encompass a variety of offenses related to operating a vehicle under the influence of alcohol or drugs. In Texas, the penalties and consequences of a DWI charge can be severe and vary depending on the circumstances surrounding the offense, the number of prior offenses, and the presence of any aggravating factors, such as having guns, drugs, or a minor in the vehicle. Below is a list of some offenses and their corresponding penalties and consequences.

Driving Under the Influence (DUI)

In Texas, a DUI usually pertains to minors under the age of 21 caught driving with any detectable amount of alcohol in their system.

• First offense: A minor (under 21 years old) convicted of Driving Under Influence may face a Class C misdemeanor charge, with penalties that include a fine of up to $500, attendance at an alcohol education program, community service ranging from 20 to 40 hours, and a 60-day driver’s license suspension.
• Subsequent offenses: Penalties increase with subsequent offenses. A second offense can lead to fines up to $500, community service ranging from 40 to 60 hours, possibly mandatory alcohol education, and a driver's license suspension of 120 days. A third or subsequent offense can escalate to Class B misdemeanor charges, with fines up to $2,000, jail time up to 180 days, and a license suspension up to 180 days.

Driving While Intoxicated (DWI)

Though Texas primarily uses the term DWI for adults over 21, DUI charges can still apply under some specific circumstances, such as drug impairment or having a BAC below 0.08% but exhibiting signs of impairment.

• First offense: A first-time DWI offense with BAC below 0.15 is usually classified as a Class B misdemeanor, punishable by up to 180 days in jail, a fine of up to $2,000, and a license suspension for up to one year. If it is proved that the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
• Second offense: A second DWI offense is considered a Class A misdemeanor, carrying penalties of up to one year in jail, a fine of up to $4,000, and a potential driver's license suspension for two years.
• Third offense: A third or subsequent DWI offense is classified as a third-degree felony with penalties including two to ten years in prison, fines of up to $10,000, and a license suspension for up to two years.
• The prosecution can enhance your charges under certain circumstances, even if it is your first time facing a Driving While Intoxicated charge.

Intoxication Assault

If an individual by accident or mistake while operating a motor vehicle in a public place when intoxicated, either by alcohol or drugs, causes serious bodily injury to another person. Serious bodily injury has a specific legal meaning, where it is an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. Intoxication assault is considered a third-degree felony, punishable by 2-10 years in prison and fines of up to $10,000.

Intoxication Manslaughter

When someone accidentally or by mistake causes a death of another individual due to the actions of a driver intoxicated by alcohol or drugs, it is classified as intoxication manslaughter, which carries penalties of two to twenty years in prison and fines of up to $10,000.

It is important to know that the Texas Penal Code provides precise definitions for each crime in Texas. Understanding the specifics of these crimes requires a skilled, dedicated, and knowledgeable criminal defense attorney.

Our Commitment as Your DUI/DWI Attorney

At Ried Pecina Trial Lawyers, we utilize our expertise and experience to guide you through the criminal legal system and advocate passionately on your behalf. You can rely on our aggressive and professional legal team to be your dedicated ally, committed to achieving a favorable outcome and safeguarding your freedom.

Our Harlingen, San Benito, Brownsville, McAllen, Edinburg, and the Texas lower valley DUI/DWI attorneys stand out because of our extensive experience and commitment to client advocacy in Driving While Intoxicated and Driving Under Influence cases. Our legal team has a proven track record of successfully defending clients, thanks to our deep understanding of Texas Driving While Intoxicated and Driving Under Influence laws and strategic defense methods. We pride ourselves on personalized attention to our clients, ensuring each case receives the focus and dedication it deserves. Don’t leave your freedom to chance.

Schedule a consultation with our Harlingen, San Benito, Brownsville, McAllen, Edinburg, and the Texas lower valley DUI/DWI attorneys today by calling (956) 225-2509 or reaching out to our team online. Hablamos Español.