houston tx dwi lawyer practices within the jurisdiction of the state bar are responsible for protecting the rights of individuals charged with crimes related to DWI. DWI or Driving While Intoxicated laws are usually violated when a person is either operating a vehicle under the influence of alcohol or drugs or while they are taking a drug or alcohol test. DWI attorneys represent clients who have been accused of these offenses. In Texas, DWI laws are commonly referred to as Texas DWI laws. DWI is a form of criminal mischief that is a violation of a person’s constitutional right to consume alcohol or drugs while driving.
DWI Defense Lawyers
DWI defense lawyers defend clients who have been accused of DWI in criminal court, from being convicted of the offense. DWI laws can include jail time, heavy fines, driver’s license suspension, probation, substance education, community service, and other court-ordered penalties. For repeat offenders, the penalties become more severe and could be extended suspension periods, loss of license, probation, drug counseling, community service, and jail. The penalties also increase if a person drives while intoxicated or carries a concealed weapon.
DWI penalties can occur in a variety of locales including Texas, New York, Pennsylvania, Maryland, Florida, Arizona, Illinois, California, Colorado, Georgia, Illinois, Rhode Island, Connecticut, and many others. A DWI conviction can have a wide-ranging effect on an individual’s life. In addition to the financial penalties, DWI penalties can impact a person’s ability to obtain a driver’s license, apartment rental agreement, employment, professional licenses, housing, and many other areas. DWI penalties are based on the person’s blood-alcohol level at the time of the arrest. Before the year 2021, DWI penalties were only enforced when a DWI conviction had been filed, but now they are considered criminal charges.
If you or someone close to you has been charged with DWI or a similar crime, you should consult with a DWI defense attorney as soon as possible. During a trial, the state will present its evidence against the defendant, call witnesses, call photographic or video surveillance tapes, and make its argument in court. If the defendant fails to appear in court during scheduled hearings, the case will be dismissed. Charges for driving while intoxicated, aggravated vehicular homicide, driving under the influence, vehicular manslaughter, first-degree DWI, second-degree DWI, driving with a suspended license, hit and run, and several other charges can be faced by the drunk driver.
Field Sobriety Test
In some instances, the prosecutor might present a case against a DWI suspect even before the charges are brought against them. The mere suspicion that a person was driving under the influence is enough for the charges to be filed. If the initial breath or blood alcohol levels were tested during the arrest, then these results will be used as evidence against the defendant. Even if the field sobriety test was performed after the arrest, then the results are admissible in court. A DWI defense attorney can advise his or her client on how to dispute or challenge the results of any field sobriety tests given.
DWI lawyers also present a motion to suppress, which is often successful when the action is based on probable cause. Probable cause refers to the evidence that supports a charge of DWI. If the state’s attorney cannot prove that probable cause exists, then the case will be dismissed. As the famous saying goes, “the burden of proof is on the prosecution.”