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DWI
DWI Attorneys at Harris Cook, LLP, are helping an increasing number of people fight Driving While Intoxicated (DWI) charges. According to the Texas Department of Transportation, Texas has more drunk driving accidents and fatalities than any other state, one every 20 minutes. Although the legal limit for blood alcohol content (BAC) level is 0.08, you can be stopped and arrested for DWI no matter what your BAC is, if an officer believes you are driving impaired from alcohol or drugs, whether the drugs are prescribed for you, or are illegal drugs The Texas Penal Code defines “Intoxicated” as meaning “(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (B) having an alcohol concentration of 0.08 or more.” A person under twenty-one can be charged with DUI (Driving Under the Influence) if they have any amount of alcohol in their system.

Harris Cook, LLP – DWI Attorneys

People cited for DWI should work with our Harris Cook, LLP, DWI Attorneys to fight this offense. We are experienced with all the complexities of these laws and, in appropriate cases,know how to challenge evidence for you.

It is important to know what to do if you are stopped by a Texas officer who accuses you of DWI. The reality is that you can be arrested regardless, but here are the main points to remember:

  • You do not have to be advised of your rights nor that you do not need to submit to field sobriety tests.
  • You must show your driver license and proof of insurance.
  • Many field sobriety tests are totally subjective to the opinion of the officer; however, if you are given one of the three tests that have been scientifically validated, you must be given detailed instructions for the tests to be reliable: One Leg Stand, Walk and Turn, and Horizontal Gaze Nystagmus.
Texas DWI Penalties

High fines, loss of license, jail time and other penalties are levied when you are charged and convicted of DWI in Texas. If you refuse blood or breath tests, your driver’s license will instantly be suspended for 180 days. Open alcohol containers will lead to additional charges for the driver and even the passengers. Texas DWI Penalties increase according to BAC, if there is a child passenger younger than age 15 in the vehicle, and if you have prior convictions for DWI.

    • Fines – from $500 to $2000 for a first offense and up to $10,000 for a third. Driver license renewal fees may be levied at $1,000 to $2,000 for three years.
    • Jail – from three days to a year in jail or 10 years in prison, depending on the number of offenses.
    • Loss of Driver License – can be suspended automatically, or from one year up to two years.

 

And these are for cases where no bodily injury or death is involved. Intoxication Manslaughter can result in a sentence of up to life in prison if the person killed is a peace officer, a firefighter, or emergency medical services personnel who are in the actual discharge of an official duty.

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