Fort Worth DWI Lawyer
Fighting DWI Charges in Texas
If you are facing drunk driving charges in Fort Worth or the surrounding
areas, you should hire a Fort Worth DWI lawyer right away who is prepared
to represent you. At the office of Jerry Loftin & Associates, we are
very familiar with the way that Texas law enforcement officials and judges
prosecute DWI cases.
We use our knowledge, resources, and more than 65 years of combined legal
experience to our clients' advantage. Our firm is dedicated to providing
aggressive legal representation to you when you have been arrested for
drinking and driving.
Arrested for DWI? Get defense from a skilled Fort Worth DWI attorney by
contacting Jerry Loftin & Associates today!
Texas Drunk Driving Penalties
We understand that you and your family may be feeling overwhelmed and stressed
out about the charges you are facing. The penalties of being convicted
for DWI are very serious, especially if there are other factors involved.
In most cases, the penalties are decided based on whether you have a prior
record of driving while intoxicated. Some of the penalties you can expect
to face include:
- Time in jail
- Suspension of your license
- Large fines
If you had a child in the vehicle at the time of the arrest or if you are
being accused of causing injury or death in an accident, the consequences
could be much more serious.
The penalties for DWI under the state law are:
- First time DWI: 72 hours to 180 days in prison, 90 day to 1 year license
suspension, and up to a $2,000 fine.
- Second time DWI: 30 days to 1 year in prison, 6 months to 2 year license
suspension, and up to a $4,000 fine.
- Third time DWI: 2 years to 10 years in jail, 6 months to 2 years license
suspension, and up to a $10,000 fine.
Testing for DWI in Texas
Field Sobriety Tests
After an officer pulls you over on suspicion of driving while intoxicated,
they will ask you questions and observe your behavior to determine if
you have drugs and/or alcohol in your system. During questioning, they
will check if your eyes are bloodshot, vehicle or person smells of alcohol
or drugs, speech is slurred, or reactions are delayed.
If the officer suspects that you might be intoxicated, they may request
that you submit to field sobriety testing (FST).
FSTs can include the following:
-
Horizontal-Gaze Nystagmus Test: The officer may hold a pen or small flashlight in front of your eyes
and ask you to follow it as they move it around.
-
Walk-and-Turn Test: The officer may ask you to walk in a straight line, making sure the heel
of one foot meets the toe of the other, and then turn around and do it again.
-
One-Leg Stand Test: The officer may ask you to stand on one leg while counting to 30.
Although you are required to exit your vehicle at the officer’s request,
you do not have to submit to the FSTs, and you can politely refuse. These
tests are difficult for a person to pass, whether or not they have alcohol
and/or drugs in their system, and submitting to them might only provide
the officer with evidence that can be used against you in court.
Another test the officer might administer is a field breath test, which
is different from a chemical test that may be administered later. The
officer will have you blow into a portable device to determine the amount
of alcohol in your system. The results from the breathalyzer are not always
conclusive, and, as with FSTs, you can respectfully refuse to submit to the test.
If the officer suspects that you are driving while intoxicated, they may
arrest you regardless of your taking the FSTs or submitting to a portable
breathalyzer test.
Chemical Tests
If you are arrested on suspicion for DWI, you may be required to submit
to chemical tests, which involves taking your blood or urine to determine
the amount of alcohol or drugs in your system. Technically, you can refuse
to submit to a chemical test, but doing so could result in a suspension
of your driver’s license for up to 2 years.
Can a DWI be Dismissed in Texas?
So, if you do not agree to enter a guilty plea and, instead, elect to fight your
DWI charges, you may have an almost 45 percent chance of having your charges
reduced or
dismissed. In those cases where you cannot get your DWI charges dismissed, you have
the option of getting your charges reduced to a lesser offense. In Texas,
some of those options include:
Exploring Effective Defense Strategies
Our Fort Worth DWI defense lawyers' goals are to gather all of the
necessary evidence from the time of the accident or arrest to use in your
defense. There are various defense tactics that may be able to clear your
name, including:
- Showing that the breathalyzer equipment was not properly calibrated
- Showing that your breath or blood test were not valid
- Using a number of other defense strategies
If we can prove that your rights were violated when you were pulled over,
we may be able to get the case dismissed. These are just a few examples
of the way our firm thinks to help protect your rights and your case.
We pay great attention to detail and are committed to doing whatever it
takes to achieve a positive outcome!
Contact our office today at (817) 591-7850 for a
free consultation if you need a Fort Worth DWI lawyer.