Dallas DWI Lawyer

Defending Clients Charged With Driving While Intoxicated in Dallas County

Our Dallas DWI defense attorneys at Hernandez & Baggett, PLLC, can fight for you if you are charged with DWI. With more than 40 years of combined experience, we know the steps to clear your name and can argue against the often subjective evidence collected by law enforcement officials. Our attorneys are dedicated to helping you either reduce your potential penalties or get your criminal case dismissed altogether.

Are you facing a DWI charge in Texas? Call Hernandez & Baggett, PLLC today at (214) 855-7771 or contact us online to schedule a meeting with our DWI attorney in Dallas!

DWI Laws in Texas

Texas has some of the strictest DWI laws in the United States. In Texas, a person is legally intoxicated if their blood alcohol concentration (BAC) is .08 or higher while operating a motor vehicle. However, it's important to note that a person can still be arrested and charged with a DWI even if their BAC is below .08 if the officer believes they are impaired. Texas also has a zero-tolerance policy for drivers under 21 years of age, meaning that any detectable amount of alcohol in their system while driving can result in a DWI charge. Additionally, Texas has an implied consent law, which means that drivers automatically consent to a chemical test of their blood or breath if they are lawfully arrested for a DWI. Refusing to take a chemical test can result in an automatic license suspension. Understanding these DWI laws in Texas is essential to avoid a conviction or minimize the potential penalties associated with a DWI charge.

What are the Penalties for a DWI in Texas?

A DWI (Driving While Intoxicated) conviction in Texas can result in severe penalties, including:

• Fines: The fine amount depends on the number of previous DWI convictions and other factors but can range from $2,000 to $10,000.
• Jail time: A DWI conviction can result in jail time, ranging from 3 days to 10 years, depending on the circumstances of the offense and the number of previous convictions.
• License suspension: A first-time DWI conviction can result in a license suspension for up to 2 years, while a second or subsequent conviction can lead to a license suspension for up to 2 years or more.
• Ignition interlock device: In some cases, the court may order installing an ignition interlock device in the offender's vehicle, which requires the driver to pass a breathalyzer test before starting the car.
• Community service: The court may order the offender to perform a certain number of hours of community service.
• Probation: The offender may be placed on probation, which requires regular check-ins with a probation officer and compliance with certain conditions.
• Alcohol education classes: The court may order the offender to attend alcohol education classes or treatment programs.

It's important to note that the penalties for a DWI in Texas can vary depending on the specific circumstances of the offense and the offender's criminal history. Additionally, the penalties can be more severe if the DWI results in injury or death to another person.

Defenses Against DWI Charges

Many people believe there is no defense in the criminal case of a blood test. However, our Dallas DWI defense attorneys know that there are many ways that a blood test can produce false results if the procedure is not properly followed. One of our key strategies is to investigate whether the correct procedures were carried out or whether there is room for doubt.

There are more possibilities of error with a blood test than with a breath test because there are many more steps in the chain of collecting, storing, and analyzing the sample and reporting the results.

Our experienced Dallas DWI attorney team knows these procedures and what to look for in your case.

The following are some errors frequently made in collecting and analyzing blood samples:

• Improper cleaning of blood analysis equipment, leaving behind traces of old samples which could affect your results
• Other maintenance issues resulting in the equipment not being calibrated correctly to give accurate results
• Lab technicians not fully trained on procedures
• Mishandling of the sample itself

In some criminal cases, it has even been proven that lab technicians have falsified results. Even if you were given a breath test, there are still things that may not have been carried out correctly and which can be challenged by a lawyer, such as improper calibration, failure to observe you for 15 minutes before administering the breath test, or inadequate training to administer such a test.

Contact Our Dallas DWI Attorney Today

There are many ways to defend someone charged with DWI; you must take action quickly. Do not waste a second if you have been charged with DWI in Dallas, Texas. Contact Dallas criminal defense law office immediately to get started on your criminal case.

It is worth noting that both of our Dallas DWI attorneys have been prosecutors, so they are entirely familiar with both sides of the law. This gives us insight into the methods used by law enforcement and prosecution and gives you an advantage in your DWI criminal case.

Contact Hernandez & Baggett, PLLC, today to schedule a FREE consultation with our DWI lawyer in Dallas!