First DWI

DWI

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When a driver has a breath or blood alcohol concentration (BAC) of 0.08 or greater, that individual can be arrested for driving while intoxicated (DWI). An individual arrested for a DWI may not realize the collateral consequences that come with an arrest and eventual prosecution.

 

DWI cases are often aggressively prosecuted by District Attorney’s office in Texas and you should contact an experienced criminal defense lawyer to help guide you through the pitfalls that are often associated with a DWI case.

Attorney for DWI Arrests in Fort Worth, TX

Have you recently been arrested for a DWI in Tarrant or Parker County Texas? You will want to retain legal counsel as soon as possible to help achieve the most favorable outcome to your case. Contact Gebhardt & Eppes, PLLC today.

 

Fort Worth criminal defense lawyers Townsend, Gebhardt & Eppes, PLLC defend clients accused of DWI crimes all over Tarrant County, Parker County, and Johnson County, including Arlington, Cleburne, Fort Worth, Weatherford, and several other nearby communities. Call (817) 502-3600 to have our attorneys review your case and answer all your legal questions during a free initial consultation.

DWI Charges in Texas

Intoxicated is defined under Texas Penal Code § 49.01(2) 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 those substances, or any other substance into the body; or
  • Having an alcohol concentration of 0.08 or more.

 

An alcohol concentration or BAC is the number of grams of alcohol per:

 

  • 210 liters of breath;
  • 100 milliliters of blood; or
  • 67 milliliters of urine.

 

In most DWI cases, an alleged offender’s BAC is determined via some kind of breath test, usually a combination of a roadside portable breath test and one performed at the police station. Blood tests are typically utilized at hospitals following accidents involving alleged offenders suspected of being under the influence of alcohol. However more police departments are seeking warrants for a sample of an individual’s blood to obtain a BAC result.

 

When an alleged offender is intoxicated while operating a motor vehicle in a public place, he or she can be charged with DWI under Texas Penal Code § 49.04. Ordinarily, a DWI is classified as a Class B misdemeanor. This is typical when an individual is arrested for their first DWI. There are statutes that can increase a first DWI for instance, if an individual has a BAC over 0.15, if there is an open container in the vehicle at the time of the arrest, or if there is a child under 15 years of age in the vehicle.

DWI Penalties in Tarrant County

If an alleged offender is convicted of DWI, that person could receive a sentence involving any combination of the following punishments:

 

  • 3 days to 180 days in jail; and/or
  • A fine of up to $2,000.

 

In addition to the consequences listed above, an alleged offender will also have his or her driver’s license suspended for 90 days for a first offense and one year for any subsequent offense. Furthermore, any person convicted of DWI runs the risk of having to install an ignition interlock device on all motor vehicles he or she owns.

 

As if the threat of jail was not enough, there are collateral consequences associated with a DWI arrest and a conviction. While Texas has changed the law to allow for non disclosures on a DWI there are severe limitations to this. If an individual is involved in an accident or a high BAC they would be prohibited from having the arrest and prosecution sealed from employers. It is important to higher an experienced DWI criminal lawyer to avoid life changing consequences to a DWI arrest and prosecution.

Texas Resources for DWI over 0.15 BAC Offenses

Texas Department of Transportation (TxDOT) | Texas Motor Vehicle Crash Statistics | 2015 — Visit this section of the TxDOT website to find information relating to automobile crashes in Texas. One section specifically addresses crashes involving alcohol. You can find information about BAC tests and test results on fatally injured drivers. According to the National Conference of State Legislatures (NCSL), 56 percent of drivers in 2014 who had been drinking and were involved in fatal crashes had a blood alcohol content of 0.15 or greater.

Gebhardt & Eppes, PLLC | Fort Worth DWI Defense Attorney

If you were arrested in the DFW area for an alleged DWI offense, it is in your best interest to immediately seek legal representation. Gebhardt & Eppes, PLLC can fight to possibly get these criminal charges reduced or dismissed.

 

Townsend, Gebhardt & Eppes, PLLC are experienced criminal defense attorneys in Fort Worth who represent individuals in Weatherford, Arlington, Cleburne, Fort Worth, and many other surrounding areas of Tarrant County, Parker County, and Johnson County. They can provide an honest and thorough evaluation of your case when you call (817) 502-3600 or complete an online form to schedule a free, confidential consultation.

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