DWI Lawyer Dallas TX – Bill Knox represents clients charged with misdemeanor Dallas DWI (Driving While Intoxicated) crimes in Dallas County, Texas. Mr. Knox has been a practicing DWI lawyer Dallas TX for misdemeanor DWI (Driving While Intoxicated) offenses in Dallas, Texas for over 30 years.
While a lot of people may call drinking and driving arrests a DUI or Driving Under the Influence, Texas only has DUI charges for persons under the age of 21. Those over the age of 21 are only charged with DWI or Driving While Intoxicated.
A skillful DWI Lawyer Dallas TX may be able to help his client plea down a DWI (Driving While Intoxicated) to a lesser charge like Obstruction of Passageway, possibly negotiate for probation or a probated sentence rather than jail time or, in some instances, even get a DWI (Driving While Intoxicated) charge entirely dismissed.
Do not wait to start the defense of a DWI (Driving While Intoxicated) charge. Always consult with a DWI Lawyer in Dallas if you or a loved one has been charged with misdemeanor DWI or Driving While Intoxicated.
What is the Legal Limit for a DWI in Texas?
The legal limit in Texas is .08. In Texas, a person is legally intoxicated and may be arrested and charged with Driving While Intoxicated (DWI) with a .08 BAC (blood or breath alcohol concentration). However, a person is also intoxicated if impaired due to alcohol or other drugs regardless of BAC. Whether you’re the driver or the passenger, you can be fined up to $500 for having an open alcohol container in a vehicle.
Should I Take a DWI Breath Test?
No. It is always our advice to refuse a breath or blood test when arrested for a DWI in Dallas. When you agree to a breath test, you are essentially providing evidence to the State of Texas for their case against you. The breath test will be used against you as evidence in your case. That’s why we always recommend not submitting or agreeing to a breath test.
Also, the breath machines can, and have been proven, to sometimes be faulty within their readings of a BAC (Blood Alcohol Content).
One tactic the police use to try and get you to agree to a breath test is that of telling you that your license will be suspended if you do not agree to a breath test. In reality, once you are arrested for a Dallas DWI, the State of Texas is going to try and suspend your Texas Driver’s License for a period of either 90 days or 180 days, whether or not you submit to the taking of a breath specimen.
If you agree to a breath test and you fail the breath test (BAC score over .08), your Texas Driver’s License will be suspended for 90 days. If you refuse to provide a specimen of breath, one of two things will happen – (1) Texas will try and suspend your license for 180 days; or, (2) the police will attempt to get a warrant to draw your blood signed by a Judge or Magistrate.
Warrant for Blood with DWI Arrest
Within the past few years, the police have been able to successfully obtain a warrant for what is called a “blood draw” from a Magistrate. If the arresting police department does get a warrant, we urge you to be cooperative with the officers as they are drawing your blood.
This warrant is legal and is signed by a Judge or Magistrate on-duty when the officer submits what is called a Probable Cause Affidavit. The Probable Cause Affidavit explains the details of why you were arrested, the circumstances as to why the officer felt you were intoxicated and more information which will give the Judge a quick summary of the surroundings of your arrest.
Sometimes the blood is drawn at the police station and other times you will be transported to a local hospital where the blood will be collected. Again, complying with the officers is your best course of action at the time they obtain a warrant.
How Fast Do I Get the Blood or Breath Results from the DWI Arrest?
If you agree to “blow” on a DWI breath test, the officers will know your intoxication level immediately. The machine will give the arresting officers the BAC (Blood Alcohol Concentration) score on their device. Taking a breath test at the scene of the arrest on a portable unit is not admissible in Court. However, taking a breath test at the station is admissible in Court, and that number is what is used as your official BAC score.
If you agree to a blood test, or the arresting agency obtains a blood draw warrant, you will not know your score for several weeks (approximately 6 to 10 weeks). The blood is sent to an impartial lab for testing of drugs and alcohol. With a blood test, the results will detect both drugs and alcohol within your system.
DWI in Texas First Offense
Your first DWI arrest is a Class B Misdemeanor which may result in up to six months in the county jail and a fine not to exceed $2,000. However, if your breath or blood test BAC score indicates a level higher than .15, your DWI may be enhanced to a Class A Misdemeanor.
Penalties for your first DWI in Dallas are as follows:
- A fine of up to $2,000
- Three days to 180 days in jail
- Loss of driver license up to a year
- Annual fee of $1,000 or $2,000 for three years to retain driver license
DWI in Texas 2nd Offense
Your second offense for a Dallas DWI will be charged as a Class A Misdemeanor from the start. Your second offense could also mean that you will be required to place a “Deep Lung Device” or “Ignition Interlock” in your vehicle. Many Judges require that individuals who are arrested for a DWI 2nd in Dallas or Collin Counties place these devices into their cars to monitor the individuals possibly drinking and trying to operate a motor vehicle.
- A fine of up to $4,000
- One month to a year in jail
- Loss of driver license up to two years
- Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver license