Aggressive DWI & DUI Defense in Spring Texas
No one will tell you that being charged for driving while intoxicated in Texas is a simple situation to handle. If you are convicted, the incident will be on your record forever. Attorney Joe Cannon understands what this means for you and your future and we’re here to make sure you avoid this life altering consequence.
Joe Cannon is dedicated to results and have proven records of winning the difficult cases. He is committed to Harris County DWI defense and has undergone extensive training in the administration of Field Sobriety and Intoxilyzer Tests.
Even the most conscientious of drivers can unintentionally fall short of driving perfection and put themselves and others in harm’s way by operating a motor vehicle while influenced by alcohol or drugs. If you have been pulled over and arrested, it is because an officer believed you were too impaired to continue driving.
The punishments for operating a motor vehicle while under any alcoholic or drug-induced influence in Texas are harsh. A first-offense DWI carries a Class B misdemeanor charge can be a fine of up to $2000, a 1-year driver’s license suspension, and a jail sentence of up to 180 days. A qualified Texas DUI attorney will be familiar with the legal aspects of each of Texas’ jurisdictions and develop a plan to lessen the severity of the charge.
If you are accused of driving while under the influence of drugs or alcohol, a drunk driving attorney from Joe Cannon Law can help you fight for your rights. Attempting to represent yourself can be equivalent to waiving your rights. Our DUI defense lawyers can help you remedy the situation by ushering you through proactive steps before your court hearing and requesting that all instruments used to sanction your arrest be inspected and calibrated.
DUI & DWI in Spring, TX
Operating a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or above is illegal. The .08 limit is the benchmark used across the United States to classify an impaired driver. There are 4 ways a person can be charged with DUI.
- driving under the influence of alcohol
- driving under the influence of drugs
- driving under the influence of a combination of alcohol and drugs
- driving with a blood alcohol concentration of .08 or higher.
According to Texas law, you can still be charged if you test under the .08% level. A BAC of .05% is considered an impairment. Traffic offenses involving influence are severe and require more than just a drunk driving lawyer. Joe Cannon Law Offices is a firm comprised of attorneys skilled with all types of DUI/DWI cases in every Texas jurisdiction.
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What is a DWI?
DWI is characterized as driving a motor vehicle while intoxicated in a public place. You are considered intoxicated if you cannot use your mental or physical facilities, generally due to alcohol or drugs in your body or if you have a blood alcohol concentration of at least 0.08 in Texas.
In most DWI trials, the definition of intoxication is the most contentious issue. Our trial attorneys understand how to cross-examine state witness testimony and scrutinize evidence on this technical issue.
The officer will request that you perform field sobriety tests in addition to a breath or blood test. You have the right to refuse the breathalyzer or blood test and any field sobriety tests. You can be sure that the officer will videotape you with an in-car video recorder. In court, anything you do or say can be used against you.
Field sobriety tests have still not been found to be reliable indicators of intoxication. Numerous factors can cause a person to fail these standardized tests, which must be given by the National Highway Traffic and Safety Administration manual. Our skilled DWI lawyers will investigate these procedures as they were carried out during your arrest.
Consequences for a DWI in Texas
The fines for a DWI in Texas vary according to the type of DWI:
- Up to $3,000 in fines for the first conviction must be paid within 36 months.
- A second offense conviction within 36 months can result in a fine of up to $4,500.
- A first or subsequent conviction can result in a fine of up to $6,000. If the result of the BAC test is 0.15. The relevant result of the 0.15, according to the law, is not at the time of driving, but rather at the time of the test.
Everyone needs to understand that a conviction will be on your record forever. There is no difference between pleading guilty and being found guilty by a jury. Guilty is Guilty. If you are found guilty, either by a plea or by a jury, the following are the ranges of punishment you would face:
- First DWI Conviction
- Second DWI Conviction
- Third (or More) DWI Conviction
- Intoxication Assault – 3rd Degree Felony
- Intoxication Manslaughter – 2nd Degree Felony
If you are under the age of 21 the DWI laws are more severe. You can be below the legal limit for an adult (a person 21 or over) and be charged with a DUI (driving under the influence). This is a zero tolerance law just for people under the age of 21. This law states that if a minor has “any detectable amount of alcohol in his/her system” while driving a motor vehicle then they have committed DUI. Read More about Minors & Alcohol
DWI Arrest in Spring Texas and Harris County
When you are pulled over and arrested for a DWI, a lot of things are racing through your head: How did this happen? What should I do? Who should I talk to? However, while it is understandable that you may be overwhelmed and anxious, it is important to follow certain practices and make note of the events that surround your DWI arrest.
Here are four important things that you should understand about DWI arrests in Texas:
1 – Your lawyer must obtain all reports and information surrounding your arrest
While the details of your arrest may be blurry and confusing due to alcohol or the stress surrounding the event, it is important to make note of several things for your lawyer:
- What you were doing prior to arrest? Also, be sure to tell your lawyer about anything earlier in the day that may have influenced your condition. (Sleep deprivation, illness, etc.)
- Your consumption of alcoholic beverages. Be sure to take special note of the time that you drank each beverage because timing can sometimes be more important than quantity.
- The officers stated reason for stopping you. Did you violate a traffic law? Were you swerving or driving erratically? Had the police officer set up a sobriety checkpoint to test people for drunk driving?
- The statements you made to the officer. Be sure to tell your lawyer whether or not you admitted to drinking and driving. Also, it’s important to note if you asked to speak to a lawyer at some point during your arrest.
- Whether or not the officer asked or ordered you to take a roadside test. Field sobriety tests are not mandatory in the state of Texas, however many officers will not volunteer this information to you.
- Did you take any breath or blood tests? If so, what were the results? (These tests are also not mandatory.)
- Were there any witnesses present for your arrest?
2 – You must act immediately to protect your right to drive
As soon as you were arrested, the officer should have given you a notice of suspension. This paperwork has all of the information about the suspension of your driver’s license.
It’s important to understand that from the date the notice was served, you only have 15 days to request a hearing to fight the suspension of your license. If you do not request a hearing within 15 days, your license will be suspended automatically.
However, if your blood alcohol content was well over the legal limit to drive, or if you refused to take a test, you may not be able to drive again for a certain period of time.
3 – You have the right to a Jury
In the state of Texas, you have an automatic right to a Jury. It is strongly recommended that you opt for the Jury to make the decision, rather than just the Judge. This is because if you chose a Jury, six people have to agree on your guilt rather than just one.
4 – There are three ways your arresting officer’s testimony could be discredited
Once you get to your DWI trial, there are three ways in which the arresting officer’s testimony could be discredited:
- Inconsistent statements: If the officer changes his story about circumstances surrounding the arrest. This could also occur if his accounts of the field sobriety test do not line up with video footage.
- Inability to conduct the field sobriety test in the proper manner: Field sobriety tests have to be performed the prescribed standardized manner by a skilled officer who is in a controlled environment. Even then, field sobriety tests can be an inaccurate indicator of intoxication levels.
- Failure to recollect: If your arresting officer cannot recall activities surrounding your arrest such as why he pulled you over or how you performed on your tests.
It is important to understand your rights when you have been arrested on DWI charges. Be sure to consult an experienced DWI lawyer if you have any further questions about Texas state laws or DWI cases.