Dallas DWI Lawyers
Protecting You from Suspensions & Penalties
Driving while intoxicated is a serious charge that affects many otherwise law-abiding citizens. The Law Office of Patrick J. McLain, PLLC defends DWI and DUI charges can result in suspension of your driver’s license, revocation of your driver’s license, fines, and even time spent in jail.
If you find yourself accused of DWI charges in Dallas, call our defense team at (214) 238-9392 immediately so we can start building your defense.
Texas DWI Statutes
A person who is legally intoxicated and operates a vehicle may be charged with driving while intoxicated.
Legal intoxication means:
- Having a blood alcohol concentration of .08 or higher
- Not having the normal use of mental or physical faculties as a result of taking illegal drugs
- Impairment from over the counter medications such as cough syrups, cold medicine, or other medications that alter your ability to operate a motor vehicle
The volume of alcohol that it takes a person to reach a BAC of .08 or higher varies from person to person. Generally two or three beers in an hour will cause someone to be above the limit. Importantly, women and smaller people are more likely to be impacted by the effects of alcohol.
It is important to recognize that a driver can be charged with a DWI for operating a vehicle other than car. Notably, the legal definition of a motor vehicle is “a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.” This definition means that operating a bicycle or golf cart with a BAC over .08 can be charged with a DWI. Texas also makes it a crime to operate a boat while legally intoxicated.
Implied Consent Law
Every driver should know that if a person is arrested for driving a motor vehicle or boat while intoxicated then the driver automatically consents to the taking of one’s breath or blood. This is known as Texas’ implied consent law. Refusing breathalyzer tests, blood draws, or the retrieval of other BAC specimen for the prosecution’s evidence may result in the automatic suspension of a person’s driver’s license.
Despite a potential driver’s license suspension, most defense attorneys strongly advise against allowing field sobriety testing because without physical evidence, it is very difficult for the prosecution to build a case against you.
License Suspensions because of DWI Charges
If your license has been suspended because of DWI allegations, know that you are innocent until proven guilty. Be advised that you only have 15 days to dispute the suspension. If driving is an essential part of your day-to-day life, we highly recommend that you contact our Dallas criminal defense lawyers immediately.
The penalties for a DWI depend on the number of convictions one has accumulated. For example, a first-time DWI conviction results in fines up to $2,000, between 3 and 180 days in jail, loss of driver’s license for one year, and an increased annual fee to maintain license once you are eligible to reinstate your license.
The monetary penalties and potential jail time increase as the number of convictions increases. If the driver is legally intoxicated while carrying a passenger younger than 15 years old, the penalties are more severe. In this situation, the driver faces a $10,000 penalty and jail time up to two years. These charges, called DWI with child passenger, are much more severe.
Contact the Law Office of Patrick J. McLain, PLLC
If you have been charged with a DWI or a minor DUI, it is important to reach out to an experienced Dallas DWI attorney who can help protect your legal rights.
You can contact us 24/7 by calling (214) 238-9392 or contacting our firm online.