8:00 - 6:00

Hours Mon. - Fri.

214.329.9433

Call Us For Free Consultation

Facebook

Twitter

Google+

Search

Lang

 

DWI/DUI

How an Out of State DWI Can Affect Your Texas License

How an Out of State DWI Can Affect Your Texas License

Each state maintains a department or agency that oversees the driving privileges of state residents. The Texas Department of Public Safety (DPS) holds that role in the lone star state. The DPS even handles Texas DWI license suspensions and could take similar actions against your license if you receive an out of state DWI or DUI.

 

An Interstate Agreement

 

The Interstate Driver License Compact (DLC) facilitates record sharing between states that are members of the compact, including Texas. This means, essentially, that another state’s licensing agency could notify the Texas DPS of a DWI conviction you picked up while traveling in another state. And, even if you received a conviction in another state, the DPS can still treat that offense as one you committed while in Texas.

 

One Driving Record

 

The DLC, however, does not dictate when and how a conviction in another state can affect your Texas license. All it does is make it easy for state licensing agencies to share information about convictions and suspensions. It operates under the principle of “one driver, one license, one record” even though driver licenses are state-issued.

 

It’s important to know that the Texas DPS will only suspend your license for an out of state conviction if your offense would have been illegal in the State of Texas. The specific law you broke must be equivalent to the law in Texas. For example, if you received a traffic ticket in California for an offense that was not illegal in Texas, the ticket would not automatically be transferred to your Texas driving record.

 

All states have DWI/DUI laws and share the same BAC (blood alcohol concentration) threshold of .08%. So, if you are convicted of a DWI in New Mexico and had a BAC of .08%, through the DLC, the Texas DPS could suspend your Texas driver’s license.

 

Underage DUI laws, however, vary from state to state. Texas is a zero-tolerance state, which means a minor caught driving with any traceable amount of alcohol in his or her blood could face DUI charges. Some states exercise more leniency for minors and require a BAC of .02% or higher for underage DUIs.

 

An out of state DWI could prompt the DPS to suspend your Texas driver’s license if the law you broke is equivalent to the law in Texas. Unfortunately, because Texas is a zero-tolerance state for minors, any out of state minor conviction of DUI is likely to affect your Texas license.

 

When in doubt about how an out of state DWI/DUI conviction could affect your Texas driving record and license, speak with a Dallas-Fort Worth DWI/DUI defense attorney about the consequences you could face back home. An attorney can explain what could happen to your license and potentially help you fight your suspension.

 

If you’re facing DWI/DUI charges and live in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to handle your case. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

Pros and Cons of Breath and Blood Tests

Pros and Cons of Breath and Blood Tests

In most cases, law enforcement will ask you to submit to a BAC (blood alcohol concentration) test when arresting you for a DWI in Texas. Typically, the arresting officer must inform you of the consequences if you refuse a breath test, including a mandatory license suspension and the potential of a warrant to take your blood by force. Increasingly, people are refusing the breathalyzer test in favor of the blood test because they’ve heard the breath test is the less reliable of the two. Unfortunately, neither the blood or breath BAC tests are foolproof, but each has its pros and cons. Making the right decision when arrested for a DWI takes understanding both.

 

Breath Tests

 

Breath chemical tests are taken using a breathalyzer device. They analyze samples of “deep lung” or alveolar air from the alleged offender’s breath. The science behind breathalyzers assumes the evaporated alcohol in your breath is a direct reflection of that in your bloodstream, meaning the results are viewed interchangeably. In reality, breath tests are generally less accurate than blood tests because they do not directly measure blood alcohol content. Instead, they measure breath alcohol. They are also not conducted by trained laboratory professionals, as blood tests are.

 

Many factors can produce false positives in breath tests, such as your state of health, what medications you take, what you recently consumed or even what type of diet you are on. The unfortunate truth is if you submit to a breath test, the results might not be reliable. A seasoned Texas DWI attorney can usually challenge breath test results, however, as there are many known weaknesses in breath test science.

 

Blood Tests

 

Blood tests are run using a blood sample from the alleged offender. Blood draws are supposed to be taken by trained personnel in a laboratory environment. They must also be preserved, stored and analyzed according to a certain procedure. These stringent standards reduce the risk of degradation or contamination of the sample. Because BAC can be directly measured using a blood sample, many argue blood tests are more accurate and thus should be chosen over breath tests. It’s true; blood tests eliminate some of the varying factors that can produce false positives in breath tests. It may be more difficult, however, to challenge blood test results if you think they are inaccurate.

 

While neither the breath or the blood BAC test is 100% accurate, the good news is, regardless of which you took, an attorney might be able to help challenge the results. In an ideal situation, it’s best to consult with a Dallas DWI defense attorney before agreeing to submit to a breath or blood test. If you already took one or refused to submit to one, speak with a highly experienced Dallas DWI defense attorney about the consequences. Again, blood draws can be forced in some instances. Also, you face an automatic license suspension if you refuse to submit to a test. Discuss the details of your case with a DWI defense attorney to learn about the consequences you could face and how you can challenge the results of a BAC test.

 

If you need help fighting your DWI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will help you aggressively fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

 

Insurance, License Reinstatement and Record Cleaning After a DWI

Insurance, License Reinstatement and Record Cleaning After a DWI

Your Criminal Record

 

In the past, a Texas DWI (even a first offense) would stay on your criminal record indefinitely. You would be required to disclose your conviction every time an employer, a landlord or even a lender asks for the rest of your life. With the recent passage of HB 3016, however, certain first-time DWI offenders may petition the court for a Nondisclosure after an applicable waiting period (usually 2-5 years).

 

Petitioning for a Nondisclosure is a complicated legal process, however, especially if the court challenges it, meaning you will need to work with an attorney on this step. And, for at least a few years following your conviction, you must disclose your DWI when asked by employers, lenders, landlords, insurance companies and even some schools.

 

Getting Back on the Road

 

A DWI license suspension will remain on your Texas driving record permanently. Even after you reinstate your license, you will face increased insurance rates for several years.

 

Furthermore, Texas requires proof of financial responsibility following certain convictions or license suspensions, including DWIs. Proof of financial responsibility is better known as an SR-22 filing. SR-22 filings ensure drivers have the minimum level of liability insurance, and you must maintain it for two years following a DWI conviction.

 

While your car insurance carrier may cancel your policy for being a “high-risk” driver, some companies provide SR-22 filings exclusively, allowing you to maintain your current auto insurance policy and meet the Texas Department of Public Safety’s (DPS) SR-22 requirement. The DPS will also charge you an annual surcharge of $1,000 (for a first-time offense) to $2,000 for three years to maintain your license.

 

The bottom line is you should expect to face significant costs if you want to drive again after a DWI conviction. When you calculate the costs of increased insurance rates, the SR-22 filing and the DPS surcharges alone, you can begin to see just how costly moving on from your DWI can be.

 

Fight Your Charges Now, or Deal With the Consequences Later

 

Moving on from a DWI conviction isn’t as simple as you’d think. Unless you want to face the stigma of a DWI conviction for the rest of your life, you will have to head back to court a few years to ask the court to remove it from your record, and the judge could deny your request.

 

You will also face significant ongoing costs just to drive your car, which, for many, is a necessity. You could also face community service, DWI classes, a lengthy license suspension, jail time or even have to install an ignition interlock device in your car.

 

In sum, moving on from a DWI isn’t easy or cheap. Conversely, having an initial discussion about fighting your DWI charges with an attorney is easy and, typically, free. You owe it to yourself to fully explore your options for fighting your charges before you plead guilty. A Dallas-Fort Worth DWI defense attorney can give you the rundown of the potential penalties you could face and outline your options for beating your charges.

 

 If you’re facing DWI/DUI charges and want to fight them in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action so you can avoid the lasting negative consequences of a conviction. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

 

Ignition Interlock Devices: Inconvenience and Invasion

Ignition Interlock Devices: Inconvenience and Invasion

An Inconvenient Consequence

 

License suspensions are an unavoidable reality for all those with Texas DWI convictions. Perhaps the most life-altering consequence of a DWI, a license suspension can make it difficult if not impossible to get to work or school or take care of your family. Even when you reinstate your license after your suspension, the judge could order you to install an ignition interlock device in your car.

 

The Ins and Outs of IIDs

 

Ignition interlock devices (IIDs) are inconvenient and highly invasive. They work essentially as a breathalyzer, which is wired into the car’s ignition system. The motorist must blow into the device, and if there are any traces of alcohol on his or her breath, the device will prevent the ignition from firing. Defendants will typically be required to install an IID in every vehicle they own for one year following the initial license suspension.

 

Most first-time offenders will escape the ignition interlock requirement unless their blood alcohol concentration (BAC) was .15% or higher or they caused an accident, or injured or killed someone. Judges are more liberal with this specific penalty, however, when sentencing defendants with prior DWIs on their record, particularly if they have prior DWI convictions with high BACs.

 

Earning a Second Chance

 

First-time DWI offenders may be given an incentive; if they install and successfully use an IID in their car for six months, they can petition the court for a Nondisclosure. Nondisclosures effectively remove the conviction from your record. This is touted as a “second chance” for first-time DWI offenders who have a BAC of .08%-.14% and do not cause property damage or injure or kill anyone.

 

IIDs have proven to be effective in reducing DWI recidivism, which is an ongoing battle Texas law enforcement face. But they come at a significant cost in terms of money and time for defendants. Even with the new incentive for first-time DWI offenders, we still urge those facing DWI charges to speak with a DWI defense attorney prior to pleading.

 

You may think because an IID will allow you to petition for a Nondisclosure after six months that pleading guilty is your best option. In reality, the costs associated with a DWI, including court-mandated fines, increased insurance rates and numerous fees and surcharges to keep your license, are not worth it. It’s best to speak with a Dallas DWI defense attorney about your options before consigning yourself to six months or more of invasive monitoring.

 

If you’re facing charges for DWI/DUI in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

Refuse the BAC Test? Here’s What to Expect

Refuse the BAC Test? Here’s What to Expect

Implied Consent

 

Under Texas’s implied consent law, all Texas drivers arrested for a DWI must submit to a BAC (blood alcohol content) test. To give you some much-needed guidance on this little-understood area of DWI law, here’s what to expect if you refuse a BAC test.

 

The Police Should Inform You

 

First, you should expect the arresting officer to inform you of the consequences of test refusal. Officers must warn you of what will happen if you refuse before accepting an official test. If the arresting officer did not inform you of the consequences, you should reach out to a Texas DWI defense attorney right away. Your refusal might not have the same implications if your arresting officer did not inform you of your rights and responsibilities pertaining to BAC tests.

 

What Are the Consequences?

 

If you refuse after being informed of the consequences, Texas Department of Public Safety will administratively move to suspend your license for 180-days. This is the consequence for a first refusal. If you have an alcohol or drug-related contact within the previous ten years, you will face an automatic two-year license suspension. These administrative suspensions are separate from any court-imposed suspension that may result from a criminal conviction. However, a judge may give credit for these suspensions if you are later convicted in the criminal proceeding for the DWI.

 

How to Fight a License Suspension for a Refusal

 

These administrative license suspensions for a BAC refusal go into effect automatically if you do not request an ALR hearing within 15 days. Always request a hearing! This is your one chance to fight your license suspension. If you refuse a BAC test in Texas, do not give up hope yet. Consult with an experienced Dallas-Fort Worth DWI defense attorney immediately after your arrest. An attorney can jump into action and request a hearing date at which you can contest your suspension. You only have a limited number of days after your arrest in which to request a hearing, so call an attorney right away.

 

If you’re facing charges for DWI/DUI in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to clear your name. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

Blood Alcohol Concentration: Why It’s Tested and How It Affects Your Case

Blood Alcohol Concentration: Why It’s Tested and How It Affects Your Case

Measuring Blood Alcohol Concentration

 

Blood alcohol concentration (BAC) is a measurement of the percent of alcohol in your blood by volume. Typically, BAC is assessed using a breath or blood test. In Texas, a BAC of .08% is the threshold of legal intoxication. Thus, if you are caught driving with a BAC of .08% or higher, you can face charges for driving while intoxicated (DWI.) Other methods of assessing intoxication, such as field sobriety tests, are far more subjective. Because blood alcohol theory is backed by science, the criminal court system relies heavily on these tests results when prosecuting DWI cases.

 

Accurate or Approximate?

 

To generalize, BAC test results serve as evidence of intoxication (or lack thereof). Indeed, BAC test results can make some cases appear open and shut. Many drivers who “blow” a .08% or higher on a breathalyzer test convince themselves there is no hope. In reality, BAC test results are not infallible. The method through which the test is administered, the equipment or materials used to collect the sample and the analysis procedure can impact the accuracy and reliability of BAC tests.

 

The BAC Test

 

In most cases, Texas law enforcement will require a DWI suspect to submit to a BAC test either by providing a “deep lung” air sample via a breathalyzer machine or by a blood draw, which is obtained and analyzed in a lab. Refusing to submit to a BAC test has consequences under Texas’ implied consent law. The implied consent law requires all drivers arrested for a DWI to submit to a BAC test, also called a chemical test. If you refuse, you will potentially face an automatic license suspension, separate from any court-imposed license suspension for a conviction. However, if you request a hearing within 15 days of refusing to submit to either a breath or blood test, then your license may not be suspended. Also, law enforcement can obtain a warrant from a magistrate ordering you to provide a blood sample. A refusal to submit to a blood draw in compliance with a warrant permits law enforcement to withdraw your blood using force, if necessary, so it is highly recommended that you submit to a blood draw after law enforcement has obtained a warrant and presented it to you. You can always challenge the probable cause for obtaining the warrant at a later date.

 

No Matter Your BAC, an Experienced Attorney Can Help

 

Refusing to take a BAC test can limit the evidence the prosecution has to use against you in your case. However, your refusal to submit to a test will result in an automatic license suspension. And, it’s crucial to understand that even in absence of a BAC test, you can still be convicted. The prosecution has to prove you were driving while intoxicated, and there are other, albeit less objective, methods to accomplish this. Due to these factors, it’s vital you work closely with a highly experienced Dallas-Fort Worth DWI defense attorney if you are facing DWI charges. Even if you think you are as good as guilty, an attorney can probably point out you have more options and leverage than you think.

 

If you’re facing DWI or DUI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

Was There Reasonable Suspicion for Your DWI Stop?

Was There Reasonable Suspicion for Your DWI Stop?

Cause and Effect

 

The Fourth Amendment of the US Constitution protects you from unreasonable search and seizure. Essentially, this protection requires law enforcement to have “probable cause“ or reasonable suspicion to search your person or property or seize anything in your possession. Even in the realm of traffic stops, law enforcement must have reasonable suspicion to pull you over. But what is reasonable suspicion? And what is reasonable suspicion for a DWI stop? Answering these simple questions can help you protect your rights.

 

A Reasonable Suspicion

 

Reasonable suspicion is a specific articulable basis for believing that a crime may have been, was being committed, or will be committed soon. A law enforcement officer must have reasonable suspicion to pull you over, but it could be any violation. For example, an officer could pull you over for failing to signal at a turn, but that stop could easily turn into a DWI arrest. In fact, police sometimes make “pretext” stops where they pull you over for a traffic violation but intend to look for evidence of intoxication. As long as the officer witnesses an infraction, no matter how minor, he or she has enough reasonable suspicion to stop you. An officer can also stop you for swerving between lanes, driving too fast or too slow, stopping before stop lights or making wide turns, all possible signs of DWI.

 

Because reasonable suspicion is an essential element in DWI cases, you should get a copy of the police report as soon as you can. The cause for the stop should be noted in the report. Go over the police report with an attorney to ensure the officer lawfully pulled you over.

 

Defending Your Rights

 

Unfortunately, police have been known to prey on drivers by following cars that leave bars. They are looking for a reason, any reason, to stop you, but their true intention may be to arrest you for a DWI. With this in mind, it’s vital you carefully examine every fact in your case to ensure your rights weren’t violated. Have a Texas DWI defense attorney review the police report to help you determine whether the arresting officer violated your rights and what you can do about it.

 

 

If you’re facing DWI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

Boating While Intoxicated: Staying Out of Trouble on Texas Waters

Boating While Intoxicated: Staying Out of Trouble on Texas Waters

Operating a motor vehicle while intoxicated is dangerous, be it a car, truck or boat. Many Texans enjoy the numerous lakes of the lone star State when summer rolls around. But those who do so can put others at serious risk. Alcohol is involved in half of all boating accidents, some of which are fatal. Consequently, those operating a watercraft while intoxicated can face charges of BWI, or boating while intoxicated. Read on to learn more about BWI charges in Texas and what you should do if you are arrested.

 

How Does BWI Differ from DWI?

 

Much like DWIs, BWIs are serious criminal charges. They can result in jail time, steep fines and even boating and driver’s license suspensions. One significant difference lies in the law enforcement stop. Unlike traffic stops, a law enforcement officer does not need reasonable suspicion to make a boating stop. Many times boaters are stopped for safety issues such as mooring regulations and life jacket checks, but stops do not have to be motivated by a legal violation.

 

Also, assessing intoxication is complicated by the fact that many boaters experience “sea legs,” after boating. For a law enforcement officer to arrest you for BWI, he or she must have probable cause to believe you had been operating the watercraft while intoxicated. Smelling alcohol on your breath usually prompts such a suspicion. Officers also utilize field sobriety tests, like the one-leg stand, to assess intoxication during DWI stops. But a boater who disembarks and completes these tests for balance and coordination after just 15 minutes of adjustment is at a significant disadvantage. Not surprisingly, many people are unfairly accused of BWI and arrested based off of the results of such skewed tests.

 

Stay Sober for Boating Safety

 

Staying out of trouble on Texas’s lakes is easy if you always operate your watercraft sober and make sure everyone consuming alcohol on your boat wears a life jacket. Please note, the State of Texas defines “watercraft” as a vessel, one or more water skis, aquaplane, or other device made for transporting or carrying someone on water. This definition excludes crafts that are powered by the water current itself.

 

If you do find yourself facing charges for BWI, do yourself a favor and call an experienced Dallas-Fort Worth DWI defense attorney. BWI cases are similar to DWI cases and involve the same basic elements. Thus, if you are facing charges for boating while intoxicated, it’s essential you find a seasoned DWI defense attorney who can help you navigate your case for best results.

 

 

If you’re facing DWI/BWI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

Texas Zero Tolerance Policy: 5 Tips for Minors Facing Texas DUI Charges

Texas Zero Tolerance Policy: 5 Tips for Minors Facing Texas DUI Charges

What Is the Texas Zero Tolerance Policy?

 

The Texas zero tolerance policy for minors driving under the influence is strict. A minor caught with any detectable amount of alcohol in his or her blood can face charges for driving under the influence of alcohol (DUIA). Unfortunately, this is the fate of many Texas minors, defined as those less than 21 years of age, who make the mistake of getting behind the wheel after drinking. If you find yourself making the same error, here are five tips that can make or break your case.

 

  1. Think Before You Speak

Minors and adults alike have a right to remain silent when arrested and interrogated. Don’t think because you are a minor no one will take advantage of you. It’s best to limit what you say until you can speak with an attorney. Even better, hire a criminal defense attorney to do the speaking for you.

 

  1. Find Legal Help

Some minors mistakenly plead guilty to DUI/DUIA because they assume it’s a less serious charge and carries minimal penalties. But the specific penalties you face, such as fines and a license suspension, aren’t the only negative consequences of a conviction. You will also have a criminal record that can hold you back for the rest of your life. That said, find an experienced attorney who can help you keep your record clean.

 

  1. Learn About the Consequences

Speaking with an attorney about the potential consequences of a conviction is an excellent first step. You’ll want to thoroughly understand the ramifications of a plea before you appear in court. Likewise, learning about all the costs you may face can give you a better idea of what is at stake. These costs can be hard to assess, especially if you are unfamiliar with the criminal justice system.

 

  1. Stay Sober

You may be ordered to abstain from drugs and alcohol if put on deferred adjudication. Likewise, staying sober while your case is pending can help demonstrate to the judge you are responsible.

 

  1. Don’t Drive on a Suspended License

Minors under 17 years of age will have their license suspended for 60 days for a first DUI offense. That suspension shoots up to 180 days if you refuse to submit to a blood alcohol content (BAC) breath or blood test. Minors between 17 and 20 years of age will face a one-year license suspension, although it might be reduced if you meet certain requirements. If you don’t have a license, you will be ineligible to obtain one for the duration of your suspension. Do not drive on a suspended license. Rather, speak with a DUI attorney about what you can do to save your license or have it reinstated as soon as possible.

 

Every Texan deserves to have a bright future ahead. To preserve that future, you should absolutely fight your charges. The Texas zero tolerance policy is self-explanatory. Expect no tolerance and no leniency. Find a Texas DUI attorney who has helped minors navigate the DUI process. With an experienced attorney assisting you, you will have a much better chance at obtaining a favorable outcome.

 

 

If you’ve been arrested for DUI/DUIA and need a legal advocate in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to minimize the consequences of your charge. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

 

Guilty of DWI in Texas? Here’s Why You Still Need a DWI Attorney

Guilty of DWI in Texas? Here’s Why You Still Need a DWI Attorney

Far too many people give up without a fight when facing DWI charges. They mistakenly believe because they had a few drinks they have no chance to beat their charges. In reality, Texas DWI cases don’t depend solely on whether or not you were drinking. In fact, several other factors can impact the outcome of your case. So, even if you think you’re guilty of DWI, you still need a DWI attorney for the following reasons.

 

Drinking and Driving Doesn’t Necessarily Mean You Are Guilty of DWI

 

I know this may sound counterintuitive at first glance. But it’s important to understand the prosecution must prove certain elements to find you guilty of DWI in Texas. To be found guilty, it must prove you were operating a motor vehicle in a public place while intoxicated. Intoxicated is further defined as, “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 these substances or any other substances into the body OR having an alcohol concentration of .08% or more at the time of driving.” Furthermore, it must prove those elements beyond a reasonable doubt. So, even if you think you are guilty, that doesn’t necessarily mean the prosecution can prove it.

 

Evidence Could Be Lacking

 

This builds on the last reason why you still need an attorney. DWI investigations begin with law enforcement collecting evidence at the time of the arrest and submitting a sworn report to the district attorney’s office. The district attorney then reviews the report and evidence and, based on that information, may file a complaint (i.e. charges) in a misdemeanor case, or bring the case before a grand jury in felony cases. If the police missed a piece of evidence or failed to take into account any number of factors, the information they provide to the district attorney could paint only a partial picture. Thus, if you immediately plead guilty to DWI without knowing what evidence the district attorney has, you could be making a huge mistake.

 

Your Charge and Your Sentence May Not Be Set in Stone

 

So you think you’re guilty of DWI and plan to plead as such. You might want to accept the punishment the judge gives you and move on with your life. But you could be making a crucial mistake. Experienced criminal defense attorneys know hasty pleas rarely result in the best outcome possible. It’s important to keep in mind when facing DWI or any other Texas criminal charge, numerous factors can impact your sentencing. DWI sentencing typically falls within a standard range of punishments. An experienced DWI attorney might be able to skillfully leverage certain facts in your case to help ensure your sentence falls in the lower end of the range. More importantly, a good attorney may even be able to obtain a dismissal for you, meaning you walk away with no conviction. This is an ideal—and not at all impossible—outcome. One thing is certain, if you go a plea on a DWI, you have a 100% chance of being convicted! Yet, if you fight the case –even if you only have a 5% chance of beating it- you still have a chance of NOT being convicted. Furthermore, you will often receive less punishment from a jury than you will ever receive from the prosecutor or judge. Why is that? No one is grading the jury’s decision. They can give you the minimum if they like, which potentially could be no probation or jail time!

 

Always Speak With an Attorney When Facing Charges for DWI in Texas

 

Speaking with an attorney isn’t going to hurt you. In fact, most likely you will end up with some clarifying information that can give you peace of mind and confidence. Again, an experienced Dallas-Fort Worth DWI/DUI defense attorney will know the tendencies of the prosecution and court you now face. He or she might know that a particular judge goes easy on first-time offenders or that a certain district attorney’s office is overburdened by DWI trial cases and thus is motivated to negotiate plea bargains. The bottom line is a good DWI attorney will know the best way to get you the most favorable outcome possible.

 

 

If you’re facing DWI/DUI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.