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Secrets of the Texas Criminal Justice System and Your Rights
An arrest for driving while intoxicated (DWI) is something that could affect any one of us. This is because police are authorized to make an arrest based upon their mere suspicion of impaired driving. Although most people think of alcohol when considering a DWI, it can also result from the impairment of drugs, including prescription medication.
People need to take allegations of DWI very seriously. Texas law requires a judge to sentence a person to a minimum jail term upon conviction and to also suspend that driver’s license. For all these reasons, it is vital to understand your rights and how to mount an effective defense.
An Allen DWI lawyer could provide these services. Their goals are to help those accused understand the law and develop a strategy designed to protect their rights in court. With the help of a practiced defense attorney, you could work towards a positive outcome.
What is a DWI?
A DWI is a criminal offense in Allen and throughout the state. This means that a conviction will create a criminal record. In addition, Texas Penal Code § 49.04(b) states that a first conviction requires a judge to sentence a defendant to at least 72 hours in jail and to suspend their driver’s license for at least 90 days. Because of this, it is imperative to understand the state’s DWI laws.
DWI carries two definitions under Texas Penal Code §49.04. The first states that a person is driving while intoxicated if their blood-alcohol content is .08 percent or more. This is measured by breath or blood tests and all drivers are required to submit to these tests when requested by police.
The second definition is based upon a police officer’s observations. If the officer believes that a driver is in any way impaired due to alcohol, drugs, or medications, they can make an arrest. An Allen DWI lawyer could help those arrested under either definition.
Fighting Allegations of Driving While Intoxicated in Allen
Many DWI cases end up going to trial. This is because of the mandatory minimum penalties for a conviction combined with the often-weak cases presented by prosecutors. Especially in cases revolving around police observations, a person has a strong chance to protect themselves by requesting a trial. An attorney could work to cross-examine the arresting officer concerning their observations at the time of the arrest to find potential faults in their case.
Attorneys could also help long before a case gets to trial. Many cases center on whether a police officer had the right to stop a car in the first place. If a defense attorney can argue that an officer made a stop without reasonable suspicion of a moving violation, the court may dismiss the charges. An Allen DWI lawyer could work to develop a defense based on the specific details of the case.
An Allen DWI Attorney Could Be an Advocate
Even a first offense DWI conviction may result in the creation of a criminal record, a mandatory jail sentence, and a license suspension. Making matters worse, police can make an arrest for DWI without any scientific evidence to back them up. For all these reasons, it is vital to take a positive step to protect your future.
An Allen DWI lawyer could help during every phase of the defense. They could work to protect your rights while still in police custody, file evidentiary motions meant to combat a prosecutor’s case, and present powerful arguments at trial. Contact a lawyer today to get the help you need.