What Happens if I am Convicted of DWI (1st offense)?
If you have been arrested and charged with a DWI (1st offense) in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, Texas law provides that you could face anywhere from 3 days to 180 days in Tarrant County jail, large fines, court costs and the suspension of your Texas driver’s license for a period of time ranging from 90 days to 1 year.
Finally, if you were arrested and charged with a DWI (1st offense) in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County and you were found to have an open container at the time of your arrest, Texas law provides that you could face anywhere from 6 days to 180 days in Tarrant County jail.
What Happens if I am Convicted of a DUI (1st offense as a minor – under 21 years of age)? If you have been arrested and charged with a DUI (1st offense) in Fort Worth, Arlington, Mansfield or the surrounding cities in Tarrant County, Texas law provides that will be charged with a Class C Misdemeanor that carries a punishment of up to a $500 fine but does not impose a jail sentence upon conviction.
However, if you or your minor child receives community supervision (probation), not only must you or your minor child complete all the standard conditions of a DWI probation, you will also receive a driver’s license suspension that will become effective at the beginning of the community supervision (probation) period. Finally, the court will require you to install and use an ignition interlock device on your vehicle during the term of your community supervision (probation).
What Happens if I am Convicted of a DWI – Misdemeanor Repetition (DWI 2nd)? If you have been arrested and charged with a DWI (2nd offense) in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, Texas law provides that you could face anywhere from 30 days to 1 year in Tarrant County jail, large fines, court costs and the suspension of your Texas driver’s license for a period of time ranging from 180 days to 2 years. Also, if your DWI 2nd was committed within 5 years of your DWI (1st offense), your driver’s license can be suspended for a period of time ranging from 1 year to 2 years.
What Are Common Defenses To DWI Cases In Texas? Facing a DWI in the courts of Tarrant County, Texas can be an intimidating and fearful prospect. One of the best ways to minimize anxiety and fear about the future is to make certain that you are working with a DWI attorney that has a plan of action to employ a DWI defense that provides you the best result. A few examples of DWI defenses include:
No Breath or Blood Test In some jurisdictions in Texas, a blood test is not obtained by a warrant if the accused refuses to consent. This can happen for several reasons: a judge is not available to sign off on a blood warrant, the police do not have the budget to handle blood draws, the police officer simply fails to follow through on the warrant. In the instance where there is no breath or blood test, a DWI becomes an opinion crime. A police officer merely forms an opinion as to whether someone is intoxicated by how they sound, look and smell. An opinion can be wrong, and when the State of Texas is required to prove a DWI beyond a reasonable doubt, every doubt raised by your DWI lawyer creates additional leverage to improve your bargaining position.
Were you parked, sitting in your car, when the police approached and arrested you for DWI? If so, you may have a defense to DWI based upon the fact you were not driving or “operating” a motor vehicle. Under Texas law, the State of Texas must prove beyond a reasonable doubt that you “operated” a vehicle. Operation does not necessarily require proof of driving the vehicle. A number of Texas criminal courts have ruled that having the keys in the ignition, turned on and in drive would be considered “operating.” However, every case requires a fact-specific inquiry to determine if “operating” a motor vehicle can be proven.
0:00 3 Strategies To Beat A DWI Case: A Former Prosecutor Explains! 01:05 What are the DWI punishments under the law of Texas? 03:05 What is the difference between DWI and DUI? 03:53 What is the penalty of DWI second? 05:25 What can a lawyer do to fight your DWI case? 07:52 #1 common defence to beat a DWI case 09:42 #2 common defence to beat a DWI case 11:00 #3 common defence to beat a DWI case
