DWI / DUI Defense
Arrested for DWI or DUI?
Act fast to keep your Driver's License!
But fight hard to keep it off your record!
Under Texas law, driving while intoxicated is a criminal offense that can have extremely serious legal consequences. Driving while intoxicated (DWI) is a dangerous act that not only increases the risk of accidents, but it can also have a detrimental effect on a person’s life and future opportunities.
Driving While Intoxicated can send you to jail for up to 6 months and carry thousands of dollars in fines if your BAC (Blood Alcohol Content) is 0.08 or more. The penalties are even more severe if the police believe your BAC is 0.15 or more -- up to 1 year in jail and double the fines!
If you don't act within 15 days, your Driver's License will be suspended!
If a chemical screening test shows a blood-alcohol content of 0.08 percent or higher, no other evidence (field tests) needs to be presented to the court in order to obtain a DWI conviction. A driver testing 0.15 percent or more over the legal limit of 0.08 percent faces more severe penalties for enhanced BAC.
Did you do a breath test with an accusation of your 0.08 BAC or more?
Did you refuse to submit to a test?
Did you get a document from police entitled "Notice of Suspension - Temporary Driving Permit?"
You only have 15 days from your arrest to file a request for a hearing to fight your DL suspension. If you don't file anything, you lose your DL for
90 days if your BAC is 0.08 or more
180 days if you refused to submit
The suspension begins 40 days from your arrest if you do nothing!
DPS rules are specific and exacting - you cannot make a mistake in the request, and you cannot be late.
If you submitted to a blood sample, you may not have an immediate suspension, but you may receive a letter from DPS in a few weeks with a 20-day deadline. DPS will only send 1 letter and only to the address on your DL - make sure your address is correct. And, when you get it, act fast.
Turn to Flanigan Law Firm when you need a DWI attorney
Don't miss an opportunity to keep your driver's license by waiting too long. The DWI attorneys at Flanigan Law Firm have the knowledge and experience in requesting a driver's license suspension hearing and make sure to get all of the offense reports to be fully prepared to fight it for you. If your driver's license is already suspended, our team can help you obtain an occupational driver's license.
When it comes to DWI/DUI cases, it is important to hire a DWI attorney that is ready to fight for you as this can make a major difference to your case. Our team can help provide you with the information and legal guidance you need during this stressful time. We can help provide you with the answers you are looking for in order to make better-informed decisions. We strive to assist in helping with the necessary documentation to avoid mistakes and delays. Our DWI attorneys will also help advocate for you and negotiate settlements.
If you have been accused of a DWI or DUI, start getting the help you need by talking to our attorneys. Call us today.
Most importantly, fight hard against the DWI accusation in criminal court!
Penalties for DWI include -
0.08 to 0.14 BAC = 72 hours to 6 months jail + $2,000 fine, court costs, another DL suspension for 6 months
0.15 BAC or more = Penalties Double! 30 days to 1 year jail + $4,000 fine, court costs, another DL suspension for 6 months
2nd Offense = 30 days to 1 year jail + $4,000 fine, court costs, another DL suspension that may be up to 2 years
3rd Offense = between 2 to 10 years in prison and up to a $10,000 fine
And that is not all . . . there are addition fines and enhancements
Open Container: If there is evidence of an open container of alcohol in your vehicle at the time of arrest, the minimum jail time will rise to 6 days.
State Fines: Surcharges used to be added in order to keep your driver's license. Fortunately, those are gone as of September 1, 2019. But, in its place for DWI convictions of offenses occurring after September 1, 2019, the State adds non-negotiable "super-fines" upon conviction that results in jail:
$3,000: 1st DWI
$4,500: 2nd DWI if committed within 36 months of the first DWI
$6,000: if the BAC is 0.15 or more:
Remember - these fines are in addition to those fines already allowed for per offense and they cannot be lowered or negotiated by the prosecutor or the judge.
But - these state fine are only imposed if you are sentenced to jail for DWI, not probation.
On Your Record and Used for Enhancement
Even if you get probation, a first DWI conviction will be on your record forever and set you up for a 2nd or 3rd DWI accusation later in life. You will still have state fines, county fines, probation fees, required classes, curfews, drug/alcohol tests, probation meetings, travel restrictions, and damage to your reputation.
Deferred Adjudication Now Available for DWIs
For years, Texas resisted allowing deferred adjudication for DWIs. Deferred adjudication allows for probation without a final conviction - you plead "guilty" to the Judge, but the Judge doesn't find you "guilty" and there is no conviction as long as you successfully completed the probation. Deferred is now allowed for DWIs, but there are restrictions and lasting consequences.
A prior DWI deferred adjudication may still serve as enhancement to new "DWI 2nd" or "DWI 3rd or more" charges. In addition, to it is required that while on deferred adjudication probation, you would have to keep an interlock device on your vehicle - requiring you to blow into to start the ignition to prove you have not been drinking alcohol.
To qualify for deferred, this must be your first charge of DWI, the charge cannot include that your BAC was 0.15 or more, you must not hold a commercial driver's license, and the incident cannot have resulted in an accident that caused damage to someone else's vehicle or injured or killed another person.
DWI Attorney Serving Bryan & College Station, TX
Shannon Flanigan has over 20 years of DWI attorney experience. Let us keep this accusation from ruining your reputation, costing you thousands of dollars, and restricting your liberty for years to come!
We will start by getting all the details from you about the stop. Those details are important as we comb through the case for mistakes made by the police or that would show you were not intoxicated. Next, we file a request for a DL suspension hearing as soon as possible. That will keep your DL beyond the 40 days it would normally be suspended. Then we file motions for discovery that require DPS and the county prosecutor to give us the offense reports, lab reports, and all the videos made by the police. Any mistakes made by law enforcement should be evident in that information and the videos may contain information that may keep this from being a conviction. For more information about your options, feel free to contact our firm today. We assist clients from Bryan, TX to College Station, TX.
Court hearings come next.
An ALR hearing judge and prosecutor will not negotiate or allow you to keep your DL based on your circumstances. You must win that hearing to keep your DL.
At criminal court, you are at the mercy of a prosecutor who has all the information and power of the State. Don't go into court without an attorney - you are not allowed by law to get copies of the offense reports or video. A good attorney can and will get copies of all that information. At the Flanigan Law Firm, you will have plenty of time to comb through all that information in our office.
A jury trial could come next. Your future should be in the hands of someone with experience. Shannon Flanigan has over 20 years of experience in jury trials.