Drinking and driving is an extremely dangerous behavior for both the driver and other people out on Texas roads. However, the act of drinking and driving itself is only just the beginning. If you get caught by law enforcement, what comes next can be just as frightening, which is why having a skilled McKinney criminal defense lawyer is important. Texas authorities and the courts take drinking and driving cases seriously. A conviction could dramatically change your future, your financial standing, and even how you commute. With so much at stake, now is the time to seek out an experienced McKinney DWI lawyer as your only professional legal representation.
At Rosenthal Kalabus & Therrian, we have a team of experienced DWI attorneys in McKinney with the skills and know-how to fight drunk driving charges. Our team has handled hundreds of drunk driving cases, and we understand what it takes to build a solid case with your best interests in mind. We are aggressive about protecting your rights and defending your freedoms. If you have been charged with an alcohol-related offense contact the law office of Rosenthal Kalabus & Therrian for help. A DWI lawyer in McKinney will review the circumstances of your case and craft a defense strategy for your particular situation. Don’t wait, time is of the essence when it comes to alcohol-related offenses. Call our office at (972) 369-0577 to schedule a consultation today.
Differences Between DUI and DWI
In a number of different situations, people may use the terms DUI and DWI interchangeably. But in Texas, the terms have significantly different meanings, and it is important to understand the differences between the two. DUI stands for driving under the influence, while DWI stands for driving while intoxicated.
Driving Under the Influence
Texas law dictates that a DUI offense can only be issued to minors under the age of 21 when they are found to have any amount of alcohol in their system while operating a motor vehicle. A minor does not even need to exhibit the class signs of symptoms of intoxication like mental or physical impairment because of Texas’s “zero-tolerance” law. If an officer stops a car for any reason and detects a trace of alcohol or drugs on the driver’s breath, that minor may be on the hook for a DUI. Understanding these differences is crucial for navigating the complexities of criminal law in Texas. Understanding the differences between DUI and DWI is crucial for effective DUI defense and ensuring the best possible outcome for your case.
Driving While Intoxicated
DWI or driving while intoxicated is a much more serious offense and requires a driver to be operating a motor vehicle with a blood alcohol content of .08 or higher, or the driver must be clearly driving impaired by alcohol or drugs. To be charged with a DWI in Texas, a driver must clearly exhibit a lack of normal mental or physical abilities.
Texas also has what is known as an “implied consent” law. If a driver is lawfully arrested for driving while intoxicated, they must agree to take a blood or breath test. Drivers who refuse to voluntarily submit to either a breath or blood test can face the suspension of their driver’s license for 180 days up to two years depending on their driving record.
DWI Arrest and Criminal Charges in Texas
What is unique about the legal system and a DWI offense in Texas is that typically in a criminal case, you are innocent and free from penalties until you are convicted in a court of law. That isn’t the case with DWI charges. If you are lawfully arrested for DWI you may face immediate consequences for your actions because DWI cases are essentially two cases in one. What does this mean?
First, you will have to face civil action for a DWI. This is brought by the Department of Public Safety and may result in a suspension of your driver’s license. Even if you are not ultimately convicted, you may still be on the hook for paying fees. The second case is a criminal action that is brought by the State of Texas. This case may result in fines and jail time if convicted.
A DWI arrest can be a traumatic experience, and it’s essential to understand your rights and the legal process that follows. In Texas, a DWI arrest can result in severe penalties, including fines, jail time, and the suspension of your driving privileges. Our law firm is committed to helping you handle the legal process and protecting your rights throughout the case. We will work closely with you to understand the circumstances surrounding your arrest and develop a defense strategy that is tailored to your specific needs. From the moment you contact us, we will provide the guidance and support you need to face the charges against you.
Penalties for DWI and Driving Privileges
The penalties for a DWI conviction vary due to the fact that in Texas a judge can consider how many prior convictions you have on your record. While the circumstances of all DWI cases may vary, these are the typical penalties you may face if convicted of a DWI:
A robust legal defense is essential to navigate the complexities of DWI penalties and protect your driving privileges.
1st Offense
- Jail time of 3 days up to 6 months; 1-year maximum sentence if BAC is 0.15 or higher
- Fines up to $2,000; $4,000 maximum if BAC is 0.15 or higher
- Suspension of driver’s license 90 days to 1 year
2nd Offense
- Jail time of 30 days up to 1 year
- Fines up to $4,000
- Suspension of driver’s license 180 days to 2 years
3rd Offense
- Jail time of 2 to 10 years
- Fines up to $10,000
- Suspension of driver’s license 180 days to 2 years
DWI crashes that result in bodily injury or death
- Intoxication Assault – causing bodily harm
- Third-degree felony
- Prison time of 2 to 10 years
- Fines up to $10,000
Intoxication Manslaughter- causing a death
- Second-degree felony
- Prison time of 2 to 10 years
- Fines up to $10,000
DWI with child passenger under age 15
- State felony
- Jail time of 6 months to 2 years
- Fines up to $10,000
Other Penalties
In some cases, especially with repeat offenders, a judge may also require them to install an interlock device in their vehicle. This device can detect the presence of alcohol. If alcohol is detected, the car becomes temporarily disabled.
Drivers who have more than three DWI offenses on their record may face even more severe felony penalties. In some situations, punishment can be enhanced to 25 years to life in prison. Punishments for DWI may vary depending on the circumstances of the case and a judge’s discretion. Penalties can also be especially severe in cases where an intoxicated driver causes serious injuries or death.
An experienced DWI defense attorney can examine the circumstances of your particular case and layout which legal options are right for you. This is one situation where you don’t want to go into the legal system without strong legal representation. DWI cases are taken very seriously by Texas authorities and the courts. Make sure that you have legal representation that has the knowledge and experience to craft a solid defense strategy.
License Suspensions and Revocations
A DWI conviction in Texas can have a significant impact on your driving privileges, leading to the suspension or revocation of your driver’s license. The duration of the suspension or revocation depends on the number of prior DWI convictions and the specific circumstances of the offense.
Upon arrest for a DWI, you have a 15-day window to request an Administrative License Revocation (ALR) hearing. During this hearing, an administrative judge will evaluate whether there was reasonable suspicion for the traffic stop, probable cause for the arrest, and whether you refused or failed a breath or blood test.
If your license is suspended or revoked, you may be eligible for an occupational driver’s license. This special license allows you to drive for essential purposes, such as commuting to work or school, during the suspension period. However, obtaining an occupational license requires meeting specific criteria and adhering to certain restrictions.
Consulting with a criminal defense attorney can help you understand the implications of a DWI conviction on your driving privileges. An experienced attorney can help you explore options for reinstating your license and provide guidance on navigating the legal process.
Other Alcohol-Related Offenses
DUI and DWI are typically the most common offenses that come to mind when talking about alcohol-related crimes. However, they are not the only alcohol-related violations that can get you in trouble. Most of these offenses relate to minors and the distribution and consumption of alcohol. While these may seem like a minor infraction, again, law enforcement takes alcohol-related crimes very seriously. At Rosenthal Kalabus & Therrian our seasoned attorneys have the experience it takes to defend a wide range of alcohol-related offenses. Our seasoned criminal defense team has the experience it takes to defend a wide range of alcohol-related offenses. Some of those offenses include:
Minor in Possession of alcohol
Minor in possession is also known as MIP and is considered a Class C misdemeanor crime punishable by up to a $500 fine. The law states that it is illegal for any minor under the age of 21 to possess alcohol. There are some exceptions to the law depending on the circumstances.
Sale of alcohol in minors
Local sting operations often make the news the next day. It can also get businesses and their employees in serious trouble with the law. It is illegal to sell alcohol to minors, and the offense is considered a Class A misdemeanor crime. There are strong defense tactics that can be used in these cases. This is especially true if a minor was in possession of a convincing-looking fake identification.
Boating while intoxicated
Boating while intoxicated, or BWI, is extremely similar to DWI. One of the only differences between the two is the fact that law enforcement officers do not need probable cause to stop a boat for safety inspections. Another distinction is that while it is unlawful to have an open container in a motor vehicle, it is legal to have an open container in a boat. The penalties for BWI are the same as for a DWI. If you are found intoxicated while operating a vessel that has an engine over 50 horsepower, your license will be automatically suspended.
About Our Law Offices
At our firm, we understand the severity of a DWI arrest and the profound impact it can have on your life. Our team of experienced criminal defense lawyers is dedicated to providing personalized attention and aggressive representation to individuals facing DWI charges in McKinney, TX. With years of experience in handling DWI cases, we have a deep understanding of Texas DWI laws. We also implement several strategies required to achieve successful outcomes. Our commitment to our clients is unwavering, and we strive to protect your rights and secure your future.
Why Choose Our DWI Lawyer Serving McKinney
If you are facing DWI charges in McKinney, TX, it’s essential to choose a lawyer who has experience in handling DWI cases and a deep understanding of Texas DWI laws. Our law firm offers:
- Personalized Attention and Aggressive Representation: We treat each case with the individual attention it deserves, fighting vigorously for your rights.
- Years of Experience in Handling DWI Cases: Our extensive experience equips us with the knowledge to navigate the complexities of DWI law.
- A Deep Understanding of Texas DWI Laws: We stay updated on the latest legal developments to provide the best defense strategies.
- A Commitment to Protecting Your Rights: We are dedicated to safeguarding your rights throughout the legal process.
- A Team of Experienced Criminal Defense Lawyers: Our lawyers are certified in the administration of Standardized Field Sobriety Tests, adding an extra layer of expertise to your defense.
We are dedicated to providing exceptional legal representation and guidance to individuals facing DWI charges in McKinney, TX. Contact us today to schedule a consultation and learn more about how we can help you.
Contact an Experienced DWI Lawyer Serving McKinney Today
If you or a loved one are facing charges of DWI or any alcohol-related offense, get the legal representation soon. Hire an experienced DWI attorney in McKinney to be on your side immediately. Our team of attorneys understand what an emotional and frightening time this is for you and your family. Prosecutors will aggressively pursue DWI cases, you need someone equally aggressive to defend your rights.
Contact the seasoned legal team at Rosenthal Kalabus & Therrian for the representation you need to protect your future. Contact our office today at (972) 369-0577 for a consultation. Let an experienced team of McKinney DWI attorneys review your case and explain all your legal options.