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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) 429-2000 for a free consultation if you need a Fort Worth DWI lawyer.

Our mission:

A balance between challenge and luck. The harder we work, the luckier we are.

- Jerry Loftin