Experienced DWI Lawyer for Longview, TX

Texas DWI Charges

While there are many great lawyers in the east Texas area, some are much more experienced in handling intoxicated related cases. Whoever you hire to represent you, make sure you ask questions about their experience handling these types of cases. Experience does matter.

A Driving While Intoxicated conviction can cost thousands of dollars in fines and fees, but can also result in jail (misdemeanor) or prison (felony) sentences and consequences like:

• Your ability to drive
• Your ability to secure car insurance
• Hold a job
• Find employment in some industries
• Can affect child custody matters

How a DWI is charged and the range of punishment in any given case will vary depending on several factors, including:

• Are there prior DWI convictions or a deferred adjudication probation?
• Was the Blood Alcohol Content (BAC) over 0.15? If so, how much?
• Was there an open container of alcohol in the car?
• Was there an accident? Were there one or two cars involved in the accident, and was anyone injured?
• Were there any children under the age of 15 in the vehicle?
• Your criminal history, if any?

Our DWI Attorney in Longview, TX

The following are areas that lawyers handling DWI cases should carefully examine in every case:

• Did the arresting officer follow the requirements of reading and providing you with a copy of the DIC-24 before you voluntarily submitted to a blood or breath test?
• Was there actually a refusal to submit to the taking of a breath or blood sample before the officer obtained a warrant?
• Was there a 15-minute observation period before a breath test was administered?
• Did the officer have probable cause to request that you perform the Standardized Field Sobriety Tests?
• Did the officer correctly follow NHTSA standards, and did the officer demonstrate and administer the 9-step walk and turn, Horizontal Gaze Nystagmus test, and the one-legged stand correctly?
• Did the officer have a reasonable suspicion that a traffic violation or crime had occurred in order to stop your vehicle?
• If the officer secured a warrant for your blood, were there statutory or Constitutional issues surrounding the validity of the warrant and the admissibility of the blood results?
• The TCOLE records of the officer and what training and certifications he has in the administration of the SFST.

It is important to hire the most experienced DWI attorney in Longview, TX that you can afford. You need a lawyer who understands the complexities of DWI cases and who will carefully examine all of the evidence to get you the best result possible.

Is a DWI a Misdemeanor?

In Texas, if you do not have a prior DWI conviction or deferred probation and the BAC is under .15, it is a Class B Misdemeanor, which is punishable by up to 180 days in jail and a fine not to exceed $2,000.00. If you consent to a breath or blood test, or the officer gets a warrant for your breath or blood, and the results show a BAC of .15 or greater, then the DWI can be filed as a Class A misdemeanor, even if it is your first DWI arrest.

A second DWI in Texas, or a first DWI with a BAC of 0.15 or greater, is a Class A Misdemeanor. Punishment is up to one year in jail and a fine not to exceed $4,000.00.

Can I get Deferred Adjudication Probation?

As of September 1st, 2019, if you are arrested for DWI, it is your first DWI arrest, and you have a BAC less than .15, you may be eligible for Deferred Adjudication probation. If you receive and complete a deferred adjudication probation, you will not have a conviction on your record. Additionally, you may qualify to have an Order of Non-Disclosure entered in your case upon completion of the deferred probation. However, even if you complete the Deferred Adjudication probation, it could still be used to enhance another DWI case if you are arrested in the future.

If you are arrested for DWI, contact our DWI lawyer in Longview and let us get to work on your case.

LICENSE SUSPENSION HEARING

Many times, people arrested do not contact a DWI attorney early enough to request an ALR hearing, and as a result, their license is suspended.

You can request an Administrative License Revocation (ALR) Hearing. This must be completed within 15 days of being arrested for DWI. If you do not request an ALR Hearing within this time, your license will automatically be suspended.

An ALR hearing is a civil proceeding that is separate and apart from the DWI case. The resolution in in the ALR hearing does not necessarily affect the outcome of the DWI, and vice versa.

However, at the ALR hearing the officer who stopped you can be subpoenaed to give testimony under oath. This is an outstanding opportunity for the defense lawyer to develop and secure testimony from the officer that may benefit you in the DWI case.

The hearing is conducted in front of a State ALR Judge. The lawyer for the Department of Public Safety (DPS) must establish, by a preponderance of the evidence, the elements as set out in section 524.035 of the Texas Transportation Code in order for your license to be suspended.

If you are arrested for DWI in Longview, contact an experienced lawyer immediately to protect your rights and challenge the suspension of your license. Your DWI lawyer can attend the ALR hearing and cross-examine the arresting officer under oath, which can be beneficial at your trial and even result in the dismissal or declination of your case by the Gregg County DA's Office.

FELONY DWI IN TEXAS

Is DWI a felony in Texas? Maybe. When does a DWI become a felony?

A DWI becomes a felony when a person already has two prior DWI convictions, which can also include a prior deferred adjudication probation on a misdemeanor DWI. It does not matter how long ago the previous convictions occurred.

A third DWI conviction is a third-degree felony punishable by not less than 2 or more than 10 years in prison and a fine not exceeding $10,000.00.

Adjudicated probation is an option if you have not previously been convicted of a felony in this State or any other State.

As with a second DWI, if your case is tried before a jury, the jury will be told that you have been convicted of DWI before, in the guilt-innocence stage of your trial. This is because previous DWI’s are jurisdictional elements of the case, and the prosecutor is required to prove them in order to establish jurisdiction.

The prosecutor will still have to prove Beyond a Reasonable Doubt that you are the same person who was previously convicted, but a jury merely hearing that information can be very prejudicial to a defendant's presumption of innocence. The jury could incorrectly assume, "They did it once; they probably did it this time, too." An experienced lawyer will address this issue in jury selection, in order to select the most unbiased and fair jurors possible on your case. Your lawyer will look to select jurors who agree that they will consider the evidence in this case only, and not consider the jurisdictional allegations as evidence of guilt.

The only exception is if you were convicted of DWI before January 1, 1984, and received and completed a probated sentence.

If a defendant does receive a probated sentence, they will be required to serve a 10-day jail sentence as a condition of that probation.

INTOXICATED ASSAULT

The punishment for intoxicated assault is not less than 2, nor more than 10, years in prison and a fine not to exceed $10,000.00. Intoxicated assault occurs when an accident occurs, and someone suffers serious bodily injury due to another person operating a motor vehicle while intoxicated.

When prosecutors allege that the vehicle driven by the intoxicated person was used as a "deadly weapon," the defendant would have to serve one-half of the prison sentence assessed before they were eligible for parole.

If you get a probated sentence, you will serve a minimum of 30 days in jail as a condition of probation.

DWI WITH CHILD PASSENGER

DWI with a child passenger occurs when a person operates a motor vehicle while intoxicated and a passenger is under the age of 15.

• If convicted, you are looking at not less than 180 days, nor more than 2 years, in a State Jail Facility (prison).
• You may also receive a fine not to exceed $10,000.00.
• Your driver's license will be suspended for at least 90 days up to 2 years.

As a condition of the bond, the Gregg County Court may require the installation of an ignition interlock device on any car you operate. The Court can also require random drug and alcohol testing while on bond and awaiting trial of the case.