DUI and DWI Lawyers in McAllen, Texas
If you are being charged with Driving While Intoxicated, you may be hearing quite a few acronyms. If you are charged with a DWI, you may wonder what is the difference between a DWI and a DUI. The term DWI means “driving while intoxicated,” while the term DUI means, “driving under the influence.” In Texas, the biggest difference between a DUI charge and a DWI charge has largely to do with the person’s age. Individuals found with any alcohol in their system who are under the age of 21 will face DUI charges. However, regardless of your age, if you are found to have a blood alcohol concentration above 0.08 or do not have your normal use of your mental and/or physical faculties, you will likely be charged with a DWI. DWI charges are very serious and can have an impact on your driving record, your driver’s license, and your criminal record. If you are facing DWI charges reach out to the Tijerina Law Firm, P.C. located in McAllen, Texas . Our experienced attorneys were former State Prosecutors and will review your charges, evaluate your case, and help you understand your rights and discuss with you the best options going forward. The Tijerina Law Firm, P.C. can also assist you with obtaining an Occupational Driver’s License to drive legally.
Penalties for a DWI in Texas
If you are found to be driving with a blood alcohol concentration above 0.08 or are determined not to have the normal use of your mental and/or physical abilities in Texas, you will likely be arrested for a Driving While Intoxicated. However, it is important to note that you can also be arrested for a DWI if you are believed to be under the influence of alcohol and/or other drugs/substances while driving. What are the consequences of being convicted of a DWI in Texas?
For a first-time offense, you could face a fine up to $1000, spend up to 180 days in jail, your driver’s license may be suspended for up to one year, and be required to pay surcharges to maintain your driver’s license once it is reinstated. These consequences don’t include the other collateral consequences that come with a DWI. For example, you may face higher insurance premiums and may lose access to important federal benefit programs. Individuals with criminal records might also face challenges getting certain types of jobs. If you are facing a DWI, it is important to take these charges seriously. They can have a major impact on your life. The Tijerina Law Firm, P.C. are DWI attorneys in McAllen, Texas who can help you navigate the legal system if you are facing these charges.
Are you are charged with subsequent DWI offenses, the penalties you might find yourself facing could be much more serious. You could face longer driver’s license suspensions, longer time in jail, and higher fines. It can be helpful to contact a DWI law firm like the Tijerina Law Firm, P.C. in McAllen, Texas to evaluate your options.
If you are charged with your third DWI you will be facing a Third Degree Felony punishable by two to ten years in prison and a fine not to exceed $10,000. Also, if you were found to be Driving While Intoxicated with a child passenger, you will be charged with a State Jail Felony and you could face child endangerment charges. Finally, if you were speeding or violating other laws, you could also face added consequences. The Tijerina Law Firm, P.C. are DWI lawyers in McAllen, Texas who can help you review your case and help you better understand your rights. The Tijerina Law Firm, PC will fight for you to have your charges dismissed or reduced. Visit our law firm today.
DWI Defenses in Texas
Every DWI case is unique. In some cases, your DWI attorney may be able to use one or several DWI defenses to protect your rights. What are some common DWI defenses in Texas? Here are a few:
- Improper Stop. Police must have reasonable suspicion that you broke the law and have done something wrong or must show that you had some mechanical issue with your vehicle (such as a broken tail light). You must commit a driving infraction like, speeding, failed to signal a turn, or driving recklessly to be pulled over.
- Improper Handling of Evidence. Police must test your blood alcohol concentration using proper protocols. If they wait too long, test you with a device that hasn’t received proper maintenance, or otherwise mishandle your samples, this evidence may be suppressed by the court. The Tijerina Law Firm are DWI lawyers in McAllen, Texas who may be able to review how evidence was handled and processed. Tijerina Law Firm, PC will fight to help you get the best possible result under the law.
- Medical Conditions. Certain medical conditions can make officers think you are driving while intoxicated when you might have just been ill. For example, if you had been crying, have vertigo, or suffer from other medical conditions, it is possible that an officer might have mistaken these conditions for Driving While Intoxicateda.
- Failure to Read You Your Miranda Warnings. When people are under arrest, officers must inform them of their rights. If an officer failed to read you your rights, evidence gathered during your arrest could possibly be dismissed.
There are other DWI defenses available, and these defense strategies will depend largely on the specifics of your case. If you are facing DWI charges in McAllen, Texas, you are innocent until proven guilty. Have a former State Prosecutor at The Tijerina Law Firm in McAllen, Texas carefully review your case and offer you a roadmap going forward. Contact us today. When your rights, freedom, and future is on the line, you need qualified counsel on your side.
Tijerina Law Firm, P.C.
What to Do If You Are Pulled Over for a DWI in Texas
If you are pulled over for a Driving While Intoxicated in Texas, you should pull over in a place where it is safe to do so. Be aware that you may be on camera when the officer comes to speak to you, so be sure to turn off your engine, roll down your window, and turn off your music. You’ll need to provide the officer with your name, driver’s license, and insurance information. However, it is important to remember that you do not have to answer any incriminating questions. If the officer asks you how much you have had to drink or whether you were at a bar, you have the right to tell the officer that you would like to exercise your right to remain silent and would need to have your attorney present to answer any questions. Be polite, but remember that anything you do say to police can be used against you in court. You have the right to refuse to submit to a breath test and have the right to refuse to submit to a field sobriety test. However, refusal to do so could lead to your arrest. As soon as you can, you will want to contact a qualified lawyer who can assist you. If you are put under the arrest, remember to assert your right to remain silent and ask to speak to your lawyer. The Tijerina Law Firm is a DWI Law Firm in McAllen, Texas who may be able to help you.
For information on DUI law in Texas, click here.