Strong Defense For DWI And Alcohol-Related Crimes
Driving while intoxicated is no longer considered a minor mistake. It is a crime punishable by jail or prison, substantial fines and court costs, plus possible requirements such as an ignition interlock, alcohol assessment, and rehabilitation classes and treatment. A DWI conviction can never be removed from your record and will increase the severity of punishment for any future DWI conviction.
The attorneys at the Jarvis & Hamilton Law Firm are experienced in every aspect of Texas DWI defense. We will carefully examine the evidence to determine if there are defenses available to you. Please do not think you have to plead guilty. The consequences are too severe, and there are often problems with the state’s case that could lead to dismissal or another favorable outcome. If you were arrested for DWI in Sherman, Gunter, Van Alstyne or any nearby area, call the Jarvis & Hamilton Law Firm at 903-551-8928 or send us an email as soon as possible.
“These types of cases are much more scientific and technical now. You can’t just show up; you have to understand the science and the law. We understand that at the Jarvis & Hamilton Law Firm.” – Bob Jarvis
Searching For Weaknesses
With over 45 years of combined experience, the Jarvis & Hamilton Law Firm knows how to find weaknesses in the prosecution’s DWI case. We ask the critical questions, including:
- Did police have probable cause to stop you?
- Were the field sobriety tests properly administered?
- Was the breathalyzer properly calibrated?
- Were the breath or blood test results valid?
If the evidence warrants a trial, we have the experience you need and will fight for you every step of the way. If a plea agreement is truly in your best interests, we will advise you of that and make sure you are treated fairly.
Seeking To Minimize The Consequences Of A Conviction
We aggressively seek dismissal of cases whenever possible. If dismissal is not an option, we look for ways to minimize the penalties our clients face. Depending on whether this is your first DWI or if you have prior convictions, the penalties may include:
- Possible jail or prison
- Permanent criminal record
- Suspension of driver’s license
- Substantial fines, fees and court costs
- Alcohol assessment
- Alcohol treatment
- Alcohol awareness classes
- Court-ordered ignition interlock device
- Community service
We can handle all aspects of your defense, including protecting your driver’s license.
Answering Common Questions About Texas DWIs
If you are facing a DWI charge in Texas, understanding your rights and options is critical. The legal consequences can affect your driving privileges, employment and long-term record. Below are answers to common questions that help clarify key issues many people encounter after a DWI arrest.
What are some possible consequences of refusing chemical testing in a Texas DWI stop?
Texas follows implied consent laws, meaning drivers automatically consent to chemical testing when lawfully arrested for DWI. Refusing a breath or blood test can result in an automatic license suspension, even if you are not convicted. The refusal may also be used against you in court.
Potential administrative penalties include a 180-day license suspension for a first refusal and up to two years for later refusals. These consequences apply regardless of the outcome of your criminal case.
What is the BAC limit for DWI in Texas?
In Texas, the “legal limit” is not just a number. You are considered legally intoxicated if your blood alcohol content (BAC) is .08% or higher, or if you do not have the normal use of your mental or physical faculties due to the introduction of alcohol, drugs or a combination of both.
Special limits apply to specific drivers: commercial drivers face a stricter limit of .04% while operating a commercial vehicle. For drivers under 21, Texas enforces a “zero tolerance” policy, making it illegal to operate a motor vehicle with any detectable amount of alcohol. This “zero tolerance” typically results in a charge of driving under the influence of alcohol (DUIA) by a minor. However, if a minor is impaired or has a BAC of .08% or higher, they can be charged with a full DWI, which carries significantly harsher penalties.
Can I refuse field sobriety tests in Texas?
Yes. In Texas, you have the legal right to refuse to perform field sobriety tests (FSTs), such as the “one-leg stand” or “walk and turn.” Unlike breath or blood tests, which fall under “implied consent” laws and carry automatic license penalties for refusal, roadside FSTs are voluntary. However, you should keep the following in mind – an officer does not need FST results to arrest you. They can establish “probable cause” based on other observations such as the odor of alcohol, slurred speech or bloodshot eyes.
While you have the right to refuse, the prosecution may attempt to introduce your refusal as evidence at trial to suggest you were trying to hide impairment. Unlike breath test refusals, the admissibility of FST refusals can often be challenged by an experienced attorney. Keep in mind that observations still count. Even if you refuse the tests, the officer’s written report and bodycam footage of your behavior, appearance and speech throughout the encounter remain admissible evidence against you.
What happens immediately after a DWI arrest in Texas?
After a DWI arrest, you will typically be taken to the police station for booking, which includes fingerprinting and photographs. You will then likely be asked to provide a breath or blood sample. Following this, a magistrate will set your bond, and you will have the opportunity to post bail for release. It’s crucial to contact an attorney as soon as possible after your arrest, even before you are released.
The process then moves through these phases:
- Chemical testing: You will be asked for a breath or blood sample. Under Texas law, you generally do not have the right to consult an attorney before deciding to provide this sample. If you refuse, officers may obtain a search warrant to compel a blood draw.
- The 15.17 hearing: Within 48 hours, you will appear before a judge who will formally read the charges and set your bond. For repeat offenders, Texas law mandates an ignition interlock device as a condition of bond. For first-time offenders with a BAC of .15% or higher, the judge has the discretion to require one.
- Bail and release: Once the bond is set, you can post bail to secure your release.
- The 15-day deadline: You have 15 days from the date you receive notice of suspension to request an Administrative License Revocation (ALR) hearing to save your license. This is a civil process that is separate from your criminal case, which allows the Texas Department of Public Safety (DPS) to suspend your driver’s license following a DWI arrest.
For breath tests, this is usually the day of arrest. For blood tests, this window begins when you receive the notice in the mail after lab results are processed.
What will a DWI do to my commercial driver’s license (CDL)?
A DWI conviction can severely impact your CDL. Even a first offense can trigger a one-year disqualification from operating commercial vehicles.
If the offense occurred while driving a commercial vehicle or involved hazardous materials, the penalties may be longer. A second conviction can lead to a lifetime disqualification, and penalties apply in addition to any criminal or administrative sanctions.
What is an occupational driving license after a DWI? Can I get one?
An occupational license allows you to drive for essential needs such as work, school or medical appointments during a license suspension. To obtain one, you must petition the court and provide evidence demonstrating your need. The court may restrict driving hours, routes and vehicles, and may require the installation of an ignition interlock device.
Can I get my DWI sealed or expunged in Texas?
Expungement is only available if your DWI charge was dismissed or you were acquitted. If you received deferred adjudication, you may qualify for a nondisclosure order, which seals the record from public view but not from law enforcement or licensing agencies. Eligibility depends on your history and completion of any probation term.
Accused Of DWI? Call The Jarvis & Hamilton Law Firm Today.
Do not wait if you are accused of DWI in Sherman, Gunter, Van Alstyne or elsewhere in the surrounding area. Call the Jarvis & Hamilton Law Firm today at 903-551-8928 or send us an email to arrange a consultation with one of our experienced lawyers.