Your Shield Against the State
Plano DWI Lawyer
Protecting The rights of those charged with a DWI in Dallas & Collin County
In Texas, driving while intoxicated (DWI) is a serious offense. Law enforcement officers actively seek out DWI arrests, and prosecutors harshly punish those convicted of drinking and driving. If you are charged with a DWI, you need an aggressive criminal defense advocate to help you fight the charge.
Our DWI lawyer in Plano can help you protect your rights and driving privileges. We help you take full advantage of your options, and we will answer any questions you have about your case. At Lanzillo Law, PLLC, your case will get the attention it deserves.
Why hire lanzillo law
Our Plano DWI attorney is experienced in defending criminal defense charges and has had recent victories, including:
- Dallas County: DWI, alleged cocaine use, cocaine in the system with a used crack pipe in the car; NOT GUILTY at trial
- Dallas County: .108 score, blood results suppressed; NOT GUILTY at trial
- Collin County: DWI; alleged marijuana use, with a burning joint in the car; NOT GUILTY at trial
- Dallas County: .16 score; DISMISSED, after successfully arguing to have the blood thrown out
- Dallas County: Allegation of a combination of drugs; DISMISSED on day of trial
- Denton County: .14 score; NOT GUILTY at trial
- Dallas County: .12 score; NOT GUILTY at trial
- Dallas County: .17 score; NOT GUILTY at trial
- Denton County: DWI dismissed; obstruction offered on the day of trial
How Do Police Officers in texas identify drunk drivers?
Under the Texas Penal Code, law enforcement may consider a person intoxicated if:
- The person does not have normal use of physical or mental faculties from the use of alcohol, a controlled substance, drugs, or a combination of substances.
- The person has a blood alcohol concentration (BAC) of .08 or higher.
Law enforcement may test a driver’s BAC using a breath, blood, or urine test. It is important to note that a driver could be arrested for drunk driving with a BAC below .08 if they demonstrate a lack of mental or physical abilities.
Penalties For DWI in Texas
After a DWI arrest, you may have concerns about losing your license and the impact on your job. For commercial drivers and licensed professionals, a DWI can jeopardize your career. Penalties for a DWI charge increase based on any prior convictions and aggravating circumstances.
Texas classifies a first-time DWI as a Class B misdemeanor. Penalties include:
- Fines of up to $2,000
- Jail time ranging from 72 hours to 180 days
- Loss of driving privileges for 90 days to one year
A second DWI or a first DWI with a BAC of .15 or higher are classified as Class A misdemeanors. Drivers face:
- Fines of up to $4,000
- Jail time ranging from 30 days to one year
- Loss of driving privileges for 180 days to two years
A third or subsequent DWI is a third-degree felony. Penalties include:
- Fines of up to $10,000
- Incarceration for two to 10 years
- Loss of driving privileges for 180 days to two years
Following a DWI conviction at any level, drivers may need to pay an annual surcharge for three years; attend a DWI education or intervention course, victim impact panel, or substance abuse treatment program; or install an ignition interlock device in their vehicle.
What happens if you refuse or fail a breath or blood test?
Individuals arrested for DWI or boating while intoxicated (BWI) who refuse to take or fail a blood or breath test will be subject to the Administrative License Revocation (ALR) program. The ALR program is a civil process unrelated to the criminal charges used to suspend your driving privileges. Suspension can last from 90 days to two years, but for commercial license holders, the suspension will automatically last one year.
What To Do If You Get a DWI In Texas?
If you are charged with a DWI (Driving While Intoxicated) in Texas, it's important to take certain steps to protect your rights and navigate the legal process effectively. Here are the general steps you should consider if you find yourself facing a DWI charge in Texas:
- Remain Calm and Cooperate: If you are pulled over by law enforcement, remain calm and cooperate as best you can.
- Exercise Your Right to Remain Silent: You have the right to remain silent. You are not required to answer questions beyond providing your identification. Avoid making any self-incriminating statements.
- Field Sobriety Tests and Breath Tests: You have the right to refuse field sobriety tests and preliminary breath tests. However, Texas has implied consent laws, which means that if you are lawfully arrested for DWI, you are required to take a breath or blood test. Refusing a mandatory test can result in administrative penalties, such as license suspension.
- Contact an Attorney: It's highly advisable to consult with a qualified DWI defense attorney as soon as possible. An attorney can provide legal advice, guide you through the process, and help protect your rights.
- Bail and Release: If you are arrested for DWI, you may be taken into custody. Depending on the circumstances, you may be eligible for bail. Consult an attorney about securing your release.
- Administrative License Suspension: If you refuse or fail a breath or blood test, your driver's license may be subject to administrative suspension. You have a limited time (usually 15 days) to request an administrative license suspension hearing to challenge the suspension.
- Arraignment and Charges: You will be formally charged and required to appear in court for an arraignment. At this hearing, you will be informed of the charges against you, and you can enter a plea of guilty, not guilty, or no contest.
- Legal Defense Strategy: Work with an attorney to develop a strong defense strategy. This may involve examining the evidence, challenging the legality of the traffic stop or arrest, assessing the accuracy of tests, and considering any potential plea options.
- Pretrial Motions and Negotiations: Your attorney may file pretrial motions to suppress evidence or challenge the validity of the case. Negotiations with the prosecution may also occur to explore potential plea agreements.
- Trial: If your case proceeds to trial, your attorney will represent you in court, present evidence, cross-examine witnesses, and make legal arguments to defend your rights.
- Potential Consequences: Be aware that a DWI conviction in Texas can result in penalties such as fines, license suspension, mandatory alcohol education programs, probation, and even jail time, depending on the circumstances.
- Driver's License: If your license is suspended due to a DWI, you may be eligible for an occupational or restricted license, which allows limited driving privileges for specific purposes (such as work or school).
Each DWI case is unique, and the specific actions you need to take can vary based on the details of your situation. Consulting an experienced DWI defense attorney is crucial to ensure you receive proper legal guidance tailored to your case.
Contact our dwi attorney today
Work with our skilled DWI defense attorney in Plano to minimize the adverse effects of a DWI charge. At Lanzillo Law, PLLC, we prioritize you and your best interests, see why our clients have trusted our firm to represent them when facing a criminal charge.
Contact Lanzillo Law, PLLC today to speak with our Plano DWI lawyer!