If you’ve been charged with a DUI or DWI in Texas, it’s natural to feel scared and unsure about what comes next. The impact on your life can be overwhelming, from the threat of losing your license to facing hefty fines or even jail time. But it’s important to remember that you have options, especially when you have an experienced Texas DWI attorney on your side.
This guide will help you understand the differences between DUI and DWI in Texas, the legal process involved, and what steps you should take next if you face charges. By the end of this page, you’ll have a clearer picture of your situation and know when it’s time to seek legal help to protect your rights and future.
The Difference Between a DUI and a DWI in Texas
Before diving into the legal processes, it’s important to distinguish between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated), as the terms are often used interchangeably but have different meanings and implications in Texas law.
- DUI: This charge typically applies to minors under the age of 21 who have consumed alcohol but are not legally intoxicated. Even if their blood alcohol content (BAC) is below the legal limit of 0.08%, minors can still face DUI charges if any detectable amount of alcohol is found in their system. DUI is considered a Class C misdemeanor, which is less severe than a DWI.
- DWI: This charge applies to adults (and minors if they are legally intoxicated) who have lost the normal use of their mental or physical abilities due to alcohol or drugs. A DWI is a more serious charge and can result in significant legal consequences, including fines, license suspension, and jail time. The legal limit for BAC in Texas is 0.08% for adults, and exceeding this limit can lead to a DWI charge.
The Legal Process for DUI/DWI Cases in Texas
When facing a DUI or DWI charge, there’s a two-part legal process that follows. This process involves both criminal charges and potential administrative actions affecting your driver’s license.
- Criminal Case: The criminal case involves the formal charges brought against you for DUI or DWI. This process includes court appearances, potential plea deals, and, if necessary, a trial. The goal is to determine whether you are guilty of the charges and what penalties you will face.
- License Suspension: Alongside the criminal case, the Department of Public Safety (DPS) initiates a license suspension process. After a DUI/DWI arrest, police officers submit paperwork to the DPS, starting an administrative process to suspend your driver’s license. You have the right to request an Administrative License Revocation (ALR) hearing to contest this suspension.
Administrative License Revocation (ALR) Hearing
The ALR hearing is a separate proceeding from the criminal case and is crucial for keeping your driving privileges. Here’s what you need to know:
- Requesting a Hearing: You must request an ALR hearing within 15 days of receiving notice of your license suspension. If you don’t, your license will be automatically suspended.
- Subpoenaing the Officer: At the ALR hearing, your lawyer can call the arresting officer to testify. This allows your lawyer to question the officer, potentially finding mistakes or procedural errors that can help in both administrative and criminal cases.
- Impact on Criminal Case: Testimony and evidence gathered during the ALR hearing can be used to strengthen your defense in the criminal case, providing a strategic advantage.
Acting quickly to get legal representation can make a big difference in the outcome of your case.
Common Mistakes Made During DUI/DWI Stops in Texas
During a DUI/DWI stop, people often make mistakes that can hurt their case. Here are a couple of common mistakes and why they should be avoided.
Mistake #1: Waiving Your Right to Remain Silent
It’s important not to answer questions that could incriminate you. You are not legally required to answer questions like “Where are you coming from?” or “Have you been drinking tonight?”
In general, avoid making statements that can be used against you in court. Admitting to having “a few drinks” can strengthen the case against you. Instead, invoke your right to remain silent under the 5th Amendment of the U.S. Constitution.
Mistake #2: Submitting to Field Sobriety Tests
These tests include the eye test (Horizontal Gaze Nystagmus), walk-and-turn test, and one-leg stand test. If you’ve consumed alcohol, it might be better to decline these tests, as they can be difficult to pass even when sober.
Your refusal to take a field sobriety test can be used against you in court, but any mistakes you make during these tests could be even more damaging.
If you’ve made some of these mistakes, all hope is not lost. It’s extremely important to get an experienced lawyer involved as soon as possible.
Challenging DUI/DWI Evidence in Texas
If you’ve been charged with a DUI/DWI, challenging the evidence is a key strategy. There’s three main ways an experienced Texas DWI lawyer can do that.
1. Procedural Errors
Your lawyer will review the officer’s procedures and paperwork for mistakes. If the officer didn’t follow proper protocols, the evidence might be invalid. This includes checking if the breathalyzer or blood test was administered correctly.
2. Inaccurate Tests
Breath and blood tests are not always accurate. Your lawyer will ensure the tests were done correctly and challenge any errors. Problems with calibration, maintenance, or administration can lead to inaccurate results, which can be contested in court.
3. Comparing Reports with Video Evidence
Most DUI/DWI stops are recorded on dash cam and body cam video. Your lawyer will compare the officer’s report with the video footage to find discrepancies. If the officer’s account doesn’t match the video, it can weaken the case against you.
Examples of How a Texas DUI/DWI Attorney Can Help Defendants
At Norris Legal Group, we’ve helped many individuals get great results on DUI/DWI charges in Texas. Here are a couple of scenarios involving two real clients at our firm.
Case 1: Prescription Drug Confusion
A woman was charged with DWI due to confusion caused by prescription drugs. She had called the police, thinking she lost her grandchildren, but she was actually experiencing a bad reaction to her medication and a heat stroke.
After gathering expert opinions and documentation, the case was set for trial. On the eve of the trial, the charges were dismissed, proving she had no criminal intent.
Case 2: Second-Time DWI Reduced
A young man faced significant jail time for his second DWI. By enrolling him in a program before the prosecution made their decision, he was able to demonstrate real change in his life. He attended AA meetings, received treatment, and completed community service.
This effort led to the charge being reduced to a first-time DWI with a short probation sentence instead of jail time, allowing him to keep his job and continue his progress.
These case studies show how a lawyer’s expertise can make a significant difference in the outcome of your case, providing hope and a path forward.
Changes in Texas DUI/DWI Laws
In recent years, Texas has made changes to its DWI laws to allow for certain cases to be sealed. This is known as deferred adjudication, which means that if you meet specific criteria, you might be able to have your DWI case sealed from your record.
This can prevent the DWI from affecting your future job prospects and other areas of your life. Having an experienced attorney is crucial to navigate this option and ensure you meet all the necessary criteria.
Deferred adjudication is not available for every case, so it’s important to work with a lawyer who understands the process and can guide you through it. This change in the law provides a valuable opportunity for individuals who qualify, but it must be handled correctly to take full advantage of it.
Why Choose Norris Legal Group?
Choosing the right lawyer can make a significant difference in the outcome of your DUI/DWI case. Here’s why Norris Legal Group stands out:
- Personalized Approach: We treat every client with dignity and respect, regardless of their mistakes.
- Comprehensive Defense Strategy: We combine legal expertise with personal support, including gathering character references and completing required classes.
- Detailed Case Review: We meticulously review all evidence, including police reports and video footage, to find any inconsistencies or errors.
- Aggressive Representation: We are not afraid to challenge the prosecution and fight for your rights in court.
- Support Throughout the Process: From the initial consultation to the final resolution, we provide continuous support and guidance.
- Proven Success: We have a track record of successful cases and have proven our commitment to achieving the best outcomes for our clients.
Worried About Your Future? Contact Norris Legal Group Today
If you’ve been charged with a DUI or DWI, don’t face it alone. Contact Norris Legal Group for a free consultation and expert legal assistance. Our team is dedicated to helping you navigate this challenging time and fighting for the best possible outcome.
We are here to protect your rights and provide the strong defense you need. Don’t leave your future to chance – schedule your consultation today!
