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Driving while intoxicated (DWI) is a serious offense in Texas, as it can harm both the driver and other drivers on the road. If you are charged with or suspected of a DWI, you may be facing serious consequences, including fines, jail time, and license suspension. Fortunately, a Bellaire DWI lawyer can help.
At Segura & Kiatta, we have successfully assisted many Harris County clients in situations just like yours. We are thorough and professional in our approach to justice. Anthony R. Segura, an NHTSA-trained practitioner in standardized field sobriety testing, and David Kiatta, a former prosecutor, have unique perspectives on both sides of the law that they can use to your advantage. Trust a skilled Bellaire criminal defense lawyer to handle your case.
Harris County has some of the highest rates of DWI charges in the state. A 2024 report by the Texas Department of Transportation reported 3,357 crashes in Harris County alone, with 149 fatal crashes. In Bellaire, the police department reported 128 DWI charges with 57 guilty pleas. Considering these statistics, it is wise to have a Bellaire DWI attorney on your side.
In Texas, you are considered driving while intoxicated if you are impaired by alcohol, drugs, or a combination of both while operating a motor vehicle, per the Texas Penal Code Chapter 49. Specifically, if your detected blood alcohol concentration (BAC) is 0.08 or above, then this is considered above the legal limit. A DWI is generally a Class B misdemeanor, but if the driver’s BAC is 0.15 or above, it may be charged as a Class A misdemeanor.
In Texas, the penalties for a DWI increase with each subsequent offense. The table below provides a general idea of DWI penalties in Texas:
You may also be charged with a DWI felony in Texas if your alleged crime is more serious. For example, intoxication assault, which involves injuring a person by driving while intoxicated, is a third-degree felony. Intoxication manslaughter, which is accidentally causing the death of someone by driving while intoxicated, is a second-degree felony. These charges are more serious and could result in spending up to 20 years in state prison.
If you are charged with a DWI, you may become overwhelmed and afraid of the penalties that may be ahead of you. However, it is not always the end of the road because there is a range of defenses that may be available to you should you hire a DWI lawyer. The following are possible defenses for a DWI charge:
These are just some defenses at your disposal if you are arrested and charged with a DWI. Police officers must be thorough and accurate when conducting a BAC test or a field sobriety test, and they must have probable cause before searching your vehicle to prove you were intoxicated. Your lawyer can provide a thorough investigation of the details of your arrest and use them to provide an effective defense for your case.
The cost of a DWI lawyer in Texas is hard to determine because it is based on several factors. The most common factors considered are the complexity of the case, the lawyer’s experience and skills, and the firm’s location. More complex cases may be more expensive because they require more resources and billable hours. Similarly, more experienced lawyers can justify charging higher rates. In any case, the cost of the DWI conviction may outweigh the cost of a DWI lawyer.
To get your DWI dismissed in Texas, you should first hire a DWI lawyer to help you with your case. If your lawyer can provide evidence to show a miscarriage of justice, they may be able to get your case dismissed. Possible defense examples include proving an unlawful stop, invalidating a BAC test, or proving that a field sobriety test was improperly administered.
While you do not need a lawyer for a DWI in Texas, it is highly recommended that you hire one. Texas has high rates of DWIs, with many resulting in convictions. An experienced lawyer can have a thorough understanding of DWI laws in Texas and familiarity with the local court system. They can discover holes in the prosecutor’s evidence or errors in the arresting officer’s judgment.
The odds of getting a DWI dismissed in Texas are on a case-by-case basis. One person’s odds may be higher than another’s based upon factors such as the details surrounding their case, such as if there are prior DWI convictions, the quality of the evidence in the case, and the skill of your legal counsel. A skilled lawyer can give you a better estimate of your personal odds at an initial consultation.
A DWI on your record can impact your life in a variety of ways. Not only can you face jail time, but a DWI on your record can impact your ability to secure a job, housing, or even educational opportunities. You can avoid all this. Contact Segura & Kiatta for a consultation and learn how you can get your DWI case dismissed or your charges reduced.
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Segura & Kiatta, Criminal Defense
345 Commerce Green Blvd
Suite 200
Sugar Land, Texas 77478