Skilled, Attentive DWI Defense That Makes A Difference
At A. González Law Firm, P.L.L.C., in Corpus Christi, attorneys Armando González and Antonio González bring decades of law practice and a comprehensive understanding of the judicial process to your driving while intoxicated (DWI) defense. Do not leave your future to chance and hope the court takes pity on you. Instead, get the straightforward and reliable defense you need to protect your future.
The Difference Between A DWI And DUI In Texas
DWI (driving while intoxicated) and DUI (driving under the influence) are legal terms that describe alcohol-related offenses in Texas. While they may sound similar, there are distinct differences between them, based on age and blood alcohol concentration (BAC).
- DWI charges apply to drivers over the age of 21 who operate a vehicle with a BAC of .08% or higher. It can also apply if a driver is impaired by drugs or alcohol, regardless of BAC.
- DUI charges are typically reserved for drivers under the age of 21 who have any detectable amount of alcohol in their system, even if it is below the .08% BAC threshold.
Both offenses can involve drugs, including prescriptions, which impair judgment and driving ability – a correlation that goes against the Texas zero-tolerance policy.
Can An Attorney Get A DWI Off Your Record?
Getting a DWI expunged from your record is challenging but possible under specific conditions. With the help of a defense lawyer, a DWI can be expunged if:
- The DWI arrest did not lead to a conviction, such as if the charges were dismissed or you were acquitted at trial.
- You were convicted but later pardoned.
However, if you were convicted and did not receive a pardon, the DWI will remain on your record. For those who do not qualify for expungement, another option might be an order of nondisclosure, which seals the record from public view but allows certain government and licensing agencies to access it.
Is A DWI Classified As A Misdemeanor Or Felony?
Like most states, Texas classifies DWI offenses in different ways. Here is a breakdown of classifications:
- First offense: Usually a Class B misdemeanor
- Second offense: Class A misdemeanor
- Third or subsequent offense: Third-degree felony
- DWI with a child passenger: State jail felony
- Intoxication assault: Third-degree felony
- DWI manslaughter: Second-degree felony
Felony DWIs pose the most severe penalties, but a misdemeanor can still upend your life. An experienced attorney can fight for reduced charges, lighter sentences and may help you overcome the charge altogether.
Consequences Of A First Time Offense And Consecutive Offenses
Every case is different because the evidence in each case can vary widely. Basically, if this is your first offense, you are looking at $2,000 in fines and up to 180 days in jail if you are convicted. You will have to spend three days in jail and lose your license for a year.
Consecutive convictions can mean a third-degree felony charge. This can include up to a decade of prison time and $10,000 in fines. There is a minimum of 10 days in jail even when probation is granted.
We Challenge The Evidence
Humans, including law enforcement, are prone to error. This means that there are many facets of a DWI charge that may be weak or done in error.
We will challenge the sobriety test and how it was administered and interpreted. When warranted, we will challenge the blood and breath tests, the testimony from the officers and the accuracy of the police report.
We will investigate whether the officer had reasonable suspicion to pull you over. We will work to get any illegally obtained evidence taken in an unconstitutional search and seizure thrown out.
In some cases, we can look back at the progression of events to determine that an accident was caused by someone else. As attorneys with a focus on Texas criminal defense cases, including both state and federal felonies, we have the skill and knowledge to provide qualified representation in DWI charges.
Protect Your Future Rights And Liberties
Do not face a Texas DWI without experienced criminal defense. The two-brother team at A. González Law Firm, P.L.L.C., is here to protect the rest of your life and freedom. Get skilled legal counsel in Corpus Christi. Call lawyers Armando and Antonio González at 361-264-6574. You can also reach us online by using our inquiry form. We speak Spanish.