Aggressive Criminal

Will I go to jail for drunk driving in Texas?

On Behalf of | Firm News |

Texas has strict drunk driving laws. Even a first-time offense is punishable with a driver’s license suspension, a $2,000 fine and up to 180 days in jail (with three mandatory). In addition, DWI penalties significantly increase by the third offense. Sometimes, certain factors may enhance DWI charges, resulting in harsher penalties, including a longer jail term. For these reasons, it’s vital that you fight back and do everything possible to avoid a conviction.

Can your DWI charges be dismissed?

DWI cases are dismissed every day in Texas courtrooms. However, because the stakes are high, even for first-time offenders, it’s crucial that you assert your constitutional rights and defend yourself aggressively. Below are a few potential defenses if you’re arrested for DWI:

An illegal traffic stop

You have constitutional rights that protect you against illegal traffic stops and searches. This means that a law enforcement officer can’t pull you over because they suspect or think you might have been drinking. Instead, they should have a reason to pull you over. Some of the reasons why an officer can stop you include the following:

  • Speeding
  • Tailgating
  • Failure to maintain control of your car

Suppose you’re able to prove that your constitutional rights were violated. In that case, all the evidence collected during the illegal stop may be found inadmissible, which means the charges against you may be dismissed.   

The chemical testing was flawed

Chemical test results can be used as evidence against you in a DWI charge. For the test results to be accurate and used in court as evidence, there are some protocols to which the tester must adhere. However, you can challenge the blood test results because of how the sample was taken or handled.

DWI charges carry serious penalties, including hefty fines and jail time. Fortunately, if you’ve been charged with a DWI, you can use several defenses to get your case dismissed. But first, you should consider seeking legal assistance to determine the best defense strategy for your case.