DUI Blog

A DUI or driving under the influence arrest can be overwhelming. You are probably wondering what you should do next or how much it will cost you. Maybe you have been arrested multiple times for DUI and you are scared it may affect your employment or you may lose your Seattle license. It is time to call a Seattle DUI lawyer. Seattle DUI attorneys can answer all or your DUI questions and organize your DUI defense.

DUI lawyers in Seattle have handled hundreds of DUI cases from DUI misdemeanors to DUI felonies. Most criminal defense lawyers in Seattle offer a free initial consultation to review your DUI charges and determine whether or not they can help you. Many drivers think it is best to plead guilty and move forward, and it may be, but it is always a good idea to make sure you understand the legal ramifications of a guilty plea.

Seattle DUI lawyers are professional and knowledgeable about Seattle DUI laws, and they can help through every step of the DUI process. What penalties do you face? Will you lose your Seattle driver’s license? Call a Seattle DUI criminal defense lawyer and find out.

Seattle DUI Laws

Seattle drivers, who are arrested with a BAC or blood alcohol concentration of 0.08% or higher, can be charged with DUI. Seattle drivers who are under the age of 21 and have a BAC of 0.2% can also be charged with DUI. Consuming less than the legal limit of alcohol does not necessarily mean a driver will not be arrested for DUI. Drivers who have consumed alcohol and can not operate a motor vehicle safely may be considered “under the influence” and can be arrested.

Penalties for DUI in Seattle

DUI penalties in Seattle can vary depending on the criminal record of the driver or if there are any aggravating circumstances such as severe injury or death. Talk to a Seattle DUI lawyer about the details of your DUI case. General DUI penalty information is provided below:

First DUI Conviction in Seattle

(With in 7 years)

• Seattle drivers are required to stay 1 day to 1 year in jail or may instead be confined 15 days to 30 days with at home electronic monitoring.

• Seattle drivers may be required to pay fines of $823 to $5,000.
• Seattle courts may suspend a driver’s license for 90 days to 1 year with a 5 year probationary license.
• The courts may require Seattle drivers to install an Ignition Interlock Device.
• The courts may require Seattle drivers to complete an alcohol evaluation and potential alcohol treatment program for up to 2 years.

Seattle DUI penalties may become more severe for drivers who have a BAC of 0.15% or higher or if a driver refuses to submit to a chemical test.

Second DUI Conviction in Seattle

(With in 7 years)

• Drivers must spend 30 days to 1 year in jail or the court may allow 60 to 90 days at home with electronic home monitoring.
• Seattle drivers must pay fines of $1,078 to $5,000.
• The courts require a license suspension for 2 years to 900 days followed by a 5 year probationary license after the driver’s Seattle license is reinstated.
• The courts may require monitored probation for up to 5 years.
• Drivers may be required to install an Ignition Interlock Device on their vehicle for 1 year.
• The courts may require a driver to take an alcohol evaluation and potential alcohol treatment program for up to 2 years.

Third DUI Conviction in Seattle

(With in 7 years)

• Seattle drivers are required to stay in jail for 90 days to 1 year, or the courts may allow 120 to 150 days of electronic home monitoring.
• Seattle drivers are required to pay fines of $1,928 to $5,000.
• The courts can suspend a driver’s license for 3 to 4 years. The driver may have a probationary license for 5 years after their driver’s license is reinstated.
• Drivers may have to serve 5 years of monitored probation.
• Drivers may be required to install an Ignition Interlock Device for 1 to 10 years.
• Drivers must take an alcohol evaluation and potential alcohol treatment program for up to 2 years.

Hiring a Seattle criminal defense attorney

What does a Seattle DUI lawyer do for you? They can answer all of your DUI questions, investigate the DUI case and determine what options are best for you. DUI attorneys also file motions and discuss your DUI case with the prosecuting attorney. Can they guarantee your DUI charges are dropped or reduced? No, but they can provide the best chance you have to get a great DUI defense. Do not try to fight DUI charges alone. Let a DUI attorney do the work for you.

California drunk driving laws define “driving under the influence” or DUI as being “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. San Jose drivers can also be arrested if they are operating a motor vehicle with a BAC (blood alcohol concentration) of 0.08% or higher. San Jose drivers under the age of 21 can be arrested and charged with DUI if their BAC is 0.02% or higher. Drivers with a BAC over the legal limit do not have to show signs of mental or physical impairment to be arrested. San Jose police officers can establish probable cause for a driver’s arrest through observation, chemical tests (blood, breath or urine) or through a field sobriety test.

Hiring a San Jose DUI Lawyer

Drivers who are arrested for DUI must be proven guilty beyond a reasonable doubt. If the arresting officer did not have probable cause to stop the driver or the chemical test was not performed properly, the evidence can be challenged. DUI law can be complicated, and it is important to find a California criminal defense lawyer who specializes in defending DUI cases. A San Jose DUI attorney can help any driver who has been arrested in Santa Clara County or through out Northern California. Does the California attorney you are considering have the right experience, knowledge and training to defend you against your DUI charge? You do not have to fight this charge alone; San Jose DUI lawyers can help.

San Jose DUI penalties

First DUI Conviction in San Jose

San Jose drivers can receive a variety of penalties for their first DUI arrest including:

·         Required jail stay for a minimum of 48 hours

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1400 – $1800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days. The court may allow certain fines to be discharged by performing community service

·         The courts will require the San Jose driver to complete a 3-6 month drug and alcohol program

·         The San Jose driver’s license will be suspended for 10 months but the court may allow a restricted license for travelling to work or school

Second DUI Conviction in San Jose

·         Required jail stay for a minimum of 96 hours

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1800 – $2800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days.

·         The courts will require the San Jose driver to complete a 18 month drug and alcohol program

·         A driver’s license will be suspended for 18 months but the court may allow a restricted license for travelling to work or school after 12 months

Third DUI Conviction in San Jose

·         Required jail stay for a minimum of 120 days

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1800 – $2800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days.

·         The San Jose driver’s license will be suspended for 18 months to 3 years

·         The San Jose driver must install an Ignition Interlock Device on their car

If you have been arrested for DUI in San Jose, California, it is important to find a San Jose DUI lawyer who can help you establish a successful defense against your drunken driving charge. No DUI attorney can guarantee success, but choosing a skilled and knowledgeable DUI lawyer is the first step to protect your self. Do not plead guilty with out consulting a San Jose DUI attorney and finding out what DUI penalties you may receive and the legal defenses which may be available to you.

Have you been arrested for DUI in Seattle? Did you refuse to take or fail a field sobriety test? If the answer to any of these questions is yes, you may need the help of a Settle DUI lawyer. Field sobriety tests are a valuable tool for Seattle law enforcement officers and are standardized tools to detect drivers who are driving under the influence of drugs or alcohol (DUI) or who have consumed alcohol and reached the illegal blood alcohol concentration (BAC) level but continue to drive.

States have a variety of names for drunken driving. Some states refer to it as DUI (driving under the influence) and others call it DWI (driving while impaired or intoxicated) or OUI (operating under influence). Regardless of the name, it is illegal in all states to operate a motor vehicle if you are unable to drive safely.

The National Highway Traffic Safety Administration (NHTSA) standardized the field sobriety test in the late 1970s, and today the test is comprised of three components: the horizontal gaze nystagmus, the walk and turn test and the one leg stand test. Police officers do not always use the field sobriety test evidence in court, but it is one tool an officer has to establish probable cause for a DUI arrest in Seattle. Evidence can also be gathered through observations of the Seattle driver’s driving and a chemical test of the driver’s blood, urine or breath.

Unfortunately, although the field sobriety test can be a great tool for gathering DUI evidence, it also is a subjective assessment of a driver’s condition and may not always produce conclusive results. Drivers who are fatigued, over-weight, aged or on other medications may not always perform the tests successfully.

Hiring a Seattle DUI lawyer

DUI attorneys in Seattle can review the field sobriety test results and other evidence gathered by the arresting officer to determine if the officer performed the test correctly and had enough evidence to arrest the driver for DUI. Seattle DUI lawyers defend hundreds of drivers each year and can answer all of the driver’s Seattle DUI questions and explain the potential DUI penalties drivers may face if they are convicted of DUI in Seattle.

Drivers may refuse to take a field sobriety test in Seattle, but whether or not that is a good idea can depend on a variety of factors. Police officers may not need to complete a field sobriety test to have probable cause to arrest a driver. Drivers who are arrested for DUI in Seattle may be required to submit to a chemical test of their blood, breath or urine. Under Washington’s Implied Consent Laws if a Seattle driver refuses to take the chemical test it can result in the immediate suspension of their driver’s license. This suspension may or may not be successfully challenged through an administrative hearing. Call a DUI lawyer in Seattle for more information about your DUI arrest.

Horizontal Gaze Nystagmus

Seattle police officers may use the HGN or horizontal gaze nystagmus to measure the rapid or involuntary movement of the driver’s eyeball. Scientific studies have proven that consuming drugs or alcohol can affect the ability of the brain to control the muscles in the eye. If the driver is unable to follow the movement of a flashlight or pen with a controlled, coordinated movement as it is slowly moved horizontally across the drivers face, it could be an indication they are intoxicated. Bouncing and jerking motions of the eye can be one side-affect of consuming alcohol or drugs. Seattle drivers who have taken certain medications or who have a congenital eye defect can also have reactions to the HGN test which mimics the reaction of consuming alcohol or drugs.

Walk and Turn

We have all seen the person on the side of the road walking a real or imaginary line, but what are they doing and why has the officer asked them to perform the walk and turn test? The officer is testing the driver’s coordination and balance and their ability to perform multiple tasks simultaneously. The walk and turn test requires the driver to take 9 steps with their hands at their sides and their feet stepping heel to toe. If the driver sways, falls or has to use their hands to balance themselves, it could be an indication that they are DUI.

Prior to the test, it is important for Seattle drivers to remove uncomfortable footwear, such as high heals, and complete the test on a dry, flat surface. Seattle officers should also give clear directions before the walk and turn test is begun.

One Leg Stand

Can a driver balance on one leg, their foot raised off the ground approximately 6 inches and count to 30? If not, it could be an indication they are intoxicated. Drivers can fail the one leg stand test if they fail to maintain balance, fall, shift, lose count or have to use their arms to balance themselves. The NHTSA estimates if this test is done correctly the accuracy rating can be as high as 83%.

A field sobriety test is a good tool and it can provide valuable evidence to Seattle law enforcement officers. Evaluating the results of the test is a subjective process, and Seattle officers can make mistakes. If you have failed a field sobriety test, contact a Seattle DUI lawyer.

Oakland law enforcement officers, like other officers across the state of California, use field sobriety tests to help determine if drivers are intoxicated or driving under the influence of drugs or alcohol (DUI). Field sobriety tests results are not always used in court to convict a defendant of DUI, but they are used to provide probable cause for a DUI arrest.

Field sobriety tests were standardized in the late 1970s by the National Highway Traffic Safety Administration (NHTSA) with the help of the Southern California Research Institute. The standardized test is comprised of three testing components: the horizontal gaze nystagmus test, the one leg stand test and the walk the line test. These tests have been scientifically proven to provide evidence of intoxication.

All states, including California, have made it illegal for drivers to operate a motor vehicle if their BAC or blood alcohol concentration is 0.08% or higher. Oakland drivers may also be charged with DUI or driving under the influence of drugs or alcohol if they are “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. Oakland officers who witness any type of illegal or erratic driving actions and have probable cause to believe a driver is intoxicated have the legal authority to stop the driver and ask them to submit to an Oakland field sobriety test.

Hiring an Oakland DUI Lawyer

Drivers who have failed a field sobriety test in Oakland, California, should contact an Oakland DUI lawyer. DUI lawyers in Oakland can help the driver potentially get their DUI charges reduced or dismissed. If a dismissal is not possible, a DUI lawyer may be able to negotiate a more favorable DUI sentence. DUI attorneys can build solid DUI defenses for their Oakland clients and help their clients avoid high fines, probation and potential jail sentences. Oakland DUI attorneys can not guarantee a dismissal, but they can provide professional, affordable DUI help.

Horizontal Gaze Nystagmus

The horizontal gaze nystagmus test allows the police officer to test the nystagmus or the “congenital or acquired persistent, rapid, involuntary, and oscillatory movement of the eyeball.”  To test the nystagmus the officer will move an object, generally a pen or small light, in front of the driver’s face and ask them to follow the light with out moving their head. Intoxicated drivers are less able to control their eye movements and their eyes generally have an exaggerated or jerking motion as they track the object. Sober drivers are generally able to track the light with a slow coordinated motion, unless they are taking certain types of medication, have neurological issues or have a congenital eye defect.

Walk and Turn Test

The walk and turn test has been developed to test a driver’s ability to perform a variety of simple tasks which most sober drivers can easily do. Drivers are asked to stand straight, face forward and walk heel to toe for 9 steps, turn and walk back. Can the driver stand straight and walk down the line with out falling, swaying or using their arms for balance? Did the driver follow directions? Did the driver walk heel to toe? The officer will evaluate each of these elements of the test. Multiple failures can be an indication of intoxication. Prior to the test, the Oakland officer should allow the driver to remove uncomfortable footwear, give clear instructions and make sure the test is performed on a solid, dry, flat surface.

One Leg Stand Test

The one leg stand test is similar to the walk the line test. It also measures the ability of Oakland drivers to complete a series of simple tasks. Oakland drivers are asked to stand straight, their arms to their sides and their face forward. The driver must raise one of their feet approximately 6 inches from the ground and count for 30 seconds aloud. Swaying, falling, losing count, or using their hands for balance is not allowed. The officer will track all testing failures. Multiple failures can be an indication of intoxication.

Refusing a Field Sobriety Test in Oakland, California

Can Oakland drivers refuse to submit to a field sobriety test? Yes, it is legal, but officers may have enough evidence of DUI with out the results of the test and decide to arrest the driver anyway.

Under California’s Implied Consent Laws, Oakland drivers have given their “implied consent” to submit to a chemical test of their breath, blood or urine if asked to do so by an Oakland police officer. Drivers who refuse to submit to a chemical test may have their California driver’s license immediately suspended. License suspensions can be challenged by filing an administrative appeal with in specified number of days from the DUI arrest.

If you have failed a field sobriety test in Oakland, California, or if you have refused to take a chemical test and need help filing the license suspension appeal paperwork, contact a DUI lawyer in Oakland. DUI attorneys in California can make sure you get the help you need and get you back on the road as soon as possible.

Penalties for a DWI arrest in New Mexico can vary for drivers depending on whether it is their first DWI arrest, the amount alcohol in their blood (BAC), the county where they are arrested and if their DWI caused another person bodily injury or death. New Mexico has some of the toughest DWI laws in the country, and even if this is the driver’s first DWI offense, it is a good idea to call a New Mexico DWI lawyer. A DWI attorney can review the DWI case and answer all of the DWI questions.

DWI in the state of New Mexico includes:

1. Operating a motorized vehicle under the influence of alcohol or drugs at a level which makes the driver incapable of safely operating the car.
2. The driver’s blood alcohol concentration (BAC) is 0.08% or higher. If the driver is a commercial truck driver it is illegal to operate a truck with a BAC of 0.04% or higher.
3. The driver is under the age of 21, and their BAC is 0.02% or higher

Aggravated DWI can occur if a New Mexico driver has a BAC of 0.16% or higher, the driver causes personal injury to another person while they are intoxicated or they refuse to take a chemical test.

Penalties for DWI in New Mexico

First offense

(Misdemeanor)

• Could be required to spend up to 90 days in jail
• Mandatory attendance of an alcohol education class and an alcohol evaluation class
• License revocation for 6 months to 1 year. If the driver is under the age of 21 their license will be suspended for 1 year.
• Mandatory Ignition Interlock Device for one year
• Community Service

Second Offense

(Misdemeanor)

• Required 2 year license revocation
• 96 hours mandatory jail sentence and up to 364 days in jail
• Required to pay a fine of $500 and up to a maximum of $1,000
• Alcohol evaluation and class
• Required community service
• Required installation of Ignition Interlock Device

Third Offense

(Misdemeanor)

• Mandatory 3 year license revocation
• Up to 5 years probation
• Minimum $750 fines and penalties with a maximum of $1,000
• Required community service
• Mandatory attendance in an alcohol treatment program
• Mandatory installation of an Ignition Interlock Device for 3 years

Fourth Offense

(Felony in the 4^th Degree)

• Permanent license revocation with a 5 year court review
• Mandatory alcohol treatment and evaluation class
• Lifetime Ignition Interlock Device with a 5 year court review
• Maximum $5,000 fine
• Maximum 18 months in prison with 6 months mandatory jail time

Refusing to take a breath or blood test

New Mexico drivers who refuse to submit to a blood test will automatically lose their driver’s license for 20 days after their DWI arrest. This revocation can be challenged by filing a written request for a DWI hearing with in ten days from the date of the DWI arrest. The arresting officer will generally give the driver notice of revocation at the time they are arrested. If not, the Department of Motor Vehicles will send the notice via registered mail.

Failure to make a written request for a DWI administrative hearing will lead to the revocation of the driver’s New Mexico driver’s license. A request for a hearing must be received by the motor vehicle department with in 10 days from the date of the DWI arrest. A DWI attorney can help complete this form and review all of the DWI arrest information.

Common Questions about DWI arrests in New Mexico

• Do I need to hire a New Mexico criminal defense lawyer?

New Mexico drivers do not have to hire a New Mexico DWI lawyer, but New Mexico’s DWI laws are some of the toughest in the country. Failure to file the proper DWI forms can lead to a license suspension. DWI offenses are not like other traffic violations. Serious consequences for a DWI arrest can include: jail time, fines and penalties, alcohol treatment classes and license suspensions.

• What happens if my first DWI was an aggravated DWI?

Drivers who are arrested with a blood alcohol level of 0.16% or higher, who have caused injury to another driver or who have refused to submit to a BAC test can be charged with an aggravated DWI. The type of penalties assessed against the driver will depend on many different factors, but at the minimum, the driver will be required to spend at least 48 hours in jail. A criminal defense lawyer can review your case and tell you the specific penalties you may face.

San Francisco drivers who have been arrested for a DUI in California should contact a San Francisco DUI lawyer. It is unlawful for drivers to operate a motor vehicle if they are under the influence of drugs or alcohol or if their BAC or blood alcohol concentration is 0.08% or higher. A San Francisco DUI attorney can review the driver’s DUI case and take immediate action to either help get the DUI charges dismissed or lowered.

San Francisco drivers who are convicted of DUI may face penalties including:

• Jail time

• Large penalties and fines

• Suspended or revoked driver’s license

• Increased San Francisco car insurance premiums

• Installation of an Ignition Interlock Device

• Probation

Waiting to contact a DUI attorney in San Francisco is a mistake. Many San Francisco drivers assume it is best to plead guilty or no contest especially if it is their first DUI arrest, and under certain circumstances this may be the best choice, but it is always a good idea to consult with a DUI criminal defense attorney to make sure the driver understands DUI laws and how a DUI conviction can affect their life. Most San Francisco lawyers offer a free consultation to discuss a DUI arrest. DUI convictions in the state of California can be a part of a driver’s driving record for at least 7 years. Talk to a DUI lawyer today for more information about your DUI arrest.

San Francisco DUI penalties

San Francisco drivers can be arrested for DUI if the courts find they were “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances” or if their BAC was 0.08 or higher. If a San Francisco driver is arrested, the penalties for DUI are as follows:

First DUI Conviction in San Francisco

• Required to serve a jail term for at least 48 hours

• Required to pay fines from $1,400 to $1,800- DUI fines must be either financed or paid with in 45 days. The court may allow the driver to perform community service instead of jail time.

• Mandatory drug or alcohol program for 3 to 6 months

• License suspension for at least 10 months, a restricted license may be allowed to attend school or go to work

• Required probation of 3 to 5 years

Second DUI Conviction in San Francisco

• Required jail term for a least of 96 hours

• Mandatory attendance in a program for drug or alcohol abuse

• Required to serve probation for 3 to 5 years

• Required to pay $1800 – $2800 in fines and penalties

• Required 18 month driver’s license suspension, the court may allow drivers to apply for a restricted license but not before the license is suspended for at least 12 months

Third DUI Conviction in San Francisco

• Mandatory probation for 3 to 5 years

• Required jail term for at least 120 days

• Required to pay penalties of $1800-2800 in fines and penalties

• Mandatory driver’s license suspension for 18 months up to 3 years

• The court also may require a driver to install an Ignition Interlock Device

A DUI arrest in San Francisco is not like other moving traffic violations. Penalties can be very severe. If a driver has multiple DUI arrests or if they have severely injured or killed another person, they could be charged with a felony DUI and spend years in prison. California DUI attorneys can help. Find a DUI lawyer who is knowledgeable about San Francisco DUI laws and can help review your DUI arrest and either negotiate a reduced sentence or get the DUI charges dismissed. Obviously, no DUI lawyer can guarantee a dismissal, but a San Francisco lawyer can give you a strong voice in a busy, over-crowded DUI court system.

Find a San Francisco criminal defense attorney who has experience handling San Francisco DUI cases. If you have been charged with DUI in San Francisco you need a focused lawyer who specializes in DUI charges. A San Francisco DUI lawyer can be a strong advocate for you through out the DUI legal process.

Drivers in Arlington and through out the Dallas/Fort Worth Metroplex may be arrested for driving while intoxicated or DWI if they have consumed any amount of alcohol or drugs and they are not able to operate a motorized vehicle with normal use of their mental or physical capabilities. Drivers may also be arrested for DWI if their BAC or blood alcohol concentration is 0.08% or higher. Arlington drivers who are under the age of 21 can also be arrested for driving while intoxicated (DWI) if their BAC is 0.02% or higher.

Drivers in the Dallas area including: Arlington, Plano, Frisco, Fort Worth, Bedford and Carrollton drivers can all face severe DWI penalties if they are convicted of DWI. DWI penalties in Texas can include high fines, jail time and probation. Hiring an Arlington DWI lawyer is the best way to avoid stiff fines and DUI penalties and potentially move on with your life. No Arlington DWI lawyer can guarantee they can get DWI charges reduced or dismissed, but they can dedicate themselves to developing a strong DWI defense for you.

Call an Arlington DWI attorney for information about current Texas DWI laws. Texas DWI laws can be complicated and unless you have complete understanding of the DWI penalties you are going to receive if you are convicted of DWI in Texas, it is a good idea to talk to a DWI lawyer in Arlington before deciding whether or not to plead guilty to DWI.

DWI Penalties for Arlington Drivers

DWI laws vary from state to state. Many states use a wide variety of terms to describe DWI including DUI (driving under the influence), OWI (operating while impaired) or DWI (driving while impaired). Regardless of the name, the penalties for drunken driving are severe in every state and are periodically updated by the state legislature. Arlington drivers should talk to their own DWI lawyer about the DWI penalties they can receive if they are convicted of DWI in Texas.

First DWI Conviction in Arlington

Class B Misdemeanor

• Arlington drivers are required to pay a DWI fine up to $2,000.
• Arlington drivers must perform a minimum of 24 hours and up to a maximum of 100 hours of community service.

Second DWI Conviction Arlington

• Arlington drivers can be ordered to install an Ignition Interlock Device in their vehicle.
• Arlington drivers must pay a DWI fine up to $4,000.
• Arlington drivers can be sentenced to a minimum of 72 hours and up to a maximum of 1 year in jail.
• The court may require drivers to perform a minimum of 80 hours and up to a maximum of 200 hours of community service.
• The courts may suspend a driver’s license for at least 80 days but for no less than 2 years.

Third DWI Conviction in Arlington

Third Degree Felony

• Arlington drivers can be required to pay DWI fines up to $10,000.
• Arlington drivers may be required to spend a minimum of 2 years in prison and up to a maximum of 10 years in prison.
• Drivers must install an Ignition Interlock Device in their vehicle as a condition of their release or bond.
• The court will require drivers to perform a minimum of 160 hours and up to a maximum of 600 hours of community service.
• The court will suspend an Arlington driver’s license for a minimum of 180 days up to a maximum of 2 years.
• The court may also require drivers to complete an alcohol or drug treatment program.

Hiring an Arlington DWI Lawyer

Under Texas Implied Consent Laws, Arlington drivers have given their implied consent to submit to a chemical test of their breath, blood or urine. Refusing to submit to a chemical test can allow the state to suspend a driver’s license. Arlington drivers have 15 days from the date of their DWI arrest to challenge their license suspension. If you have had your license suspended, a DWI lawyer in Arlington can schedule the hearing and represent you at the hearing. In some cases the court will reverse the suspension or allow an Occupational Driver’s License to be issued to the driver.

Hiring an Arlington DWI attorney is always a good idea if you do not have a complete understanding of Texas DWI laws and the penalties you could receive if you are convicted for DWI in Texas. DWI lawyers can review every aspect of your DWI case and answer your DWI questions. DWI lawyers in Arlington can defend you through out the entire Texas DWI criminal process.

Dallas drivers may be arrested for driving while intoxicated or DWI if they do not have normal use of their physical or mental faculties due to ingesting alcohol or drugs or if their blood alcohol concentration (BAC) is 0.08% or higher. Dallas drivers who are under the age of 21 can be arrested for DWI if their BAC is 0.08% or higher.

Drivers who are arrested for DWI in Dallas can face a variety of severe penalties. Penalties will vary based a driver’s criminal background and whether or not other individuals were injured or killed. Hiring a Dallas DWI lawyer can ensure a Dallas driver has the right DWI defense. Dallas criminal defense attorneys vigorously defend their client’s legal rights and try to eliminate or reduce the consequences of a DWI arrest.

Call a DWI lawyer immediately if you need information about current Texas DWI laws or you want someone to defend you against your DWI charges.

Penalties for DWI in Dallas

General information is listed below for the penalties for drunk driving in Dallas. DWI laws are created and passed at the state level so Dallas DWI laws will be the same as other cities in Texas. Dallas drivers should contact a Dallas DWI lawyer for more information about their specific case.

First DWI Conviction

Class B Misdemeanor

• Drivers can be required to pay a fine up to $2,000
• Drivers can be required to do at least 24 hours and up to 100 hours of community service

Second DWI Conviction

• Drivers can be ordered to install an Ignition Interlock Device in their car
• Drivers can be required to pay a fine up to $4,000
• Drivers may be sentenced to no less than 72 hours up to 1 year in jail
• Drivers may be required to do community service of 80 hours up to 200 hours
• Drivers may have their license suspended for at least 80 days but less than 2 years

Third DWI Conviction

Third Degree Felony

• Drivers can be fined up to $10,000
• Drivers may be required to spend 2 to 10 years in prison and required to have an Ignition Interlock Device installed in their car as a condition for their bond or release
• Drivers must perform 160 hours to 600 hours performing community service
• The driver’s license must be suspended for 180 days to 2 years

In addition to the penalties listed above the DWI court may order the Dallas driver to complete an alcohol or drug treatment program.

Hiring a Dallas DWI lawyer

Dallas drivers who have a Texas license have given their implied consent to submit to a chemical test (blood, breath, urine) if requested to do so by a Dallas law enforcement officer. Refusing to take a chemical test or failing a chemical test can result in a license suspension. Dallas drivers who have lost their license may schedule an administrative hearing with in 15 days of their arrest to fight their license suspension. Dallas DWI lawyers can help schedule the hearing and represent a driver at their hearing as well has request an Occupational Driver’s License (if the license is suspended).

DWI attorneys can review your DWI arrest, make sure there was probable cause to arrest you, ask questions and evaluate every aspect of your DWI case. Before pleading guilty, learn about DWI laws and your legal rights in Texas. Dedicated DUI/DWI criminal defense lawyers understand what drivers are going through and will do their best to defend a driver throughout the DUI criminal process.

Field sobriety tests have been developed and standardized by the National Highway Traffic Safety Administration (NHTSA), and police officers through out the United States have been using these tests for years to determine if drivers are driving under the influence of any type of alcohol or drug. Dallas police officers routinely use a field sobriety test to evaluate whether or not Dallas drivers are driving while intoxicated (DWI) on Texas roadways.

Field sobriety tests include three basic components: the horizontal gaze nystagmus, walk and turn and the one leg stand. These test combined with other evidence which is collected by the Dallas police officer including a driver’s physical appearance (blood shot eyes, slurred speech, in ability to walk) and their erratic driving before the traffic stop can give the officer a good idea of whether or not a driver is DWI.

Drivers may refuse to take a field sobriety test, but if a police officer has gathered enough information to convince him he has probable cause to arrest a driver, he may decide to arrest the driver for DWI with out performing a field sobriety test. Drivers, under Texas Implied Consent Laws, have already given their implied consent to submit to a chemical test (blood, breath, urine) if they are asked to do so by a Dallas police officer. Refusing to submit to a chemical test can result in an immediate suspension of a driver’s Texas license.

The field sobriety test, when performed correctly, can be an effective tool for identifying intoxicated drivers, but it does have limitations. Many drivers who are tired, over-weight, elderly or have other physical or mental impairments may have difficulty properly performing the field sobriety test.

Horizontal Gaze Nystagmus

For the horizontal gaze nystagmus test, the Dallas police officer measures the driver’s nystagmus or the involuntary movement of the driver’s eye as it tracks a light or pen. Drivers who are unable to follow the light in one fluid motion may have consumed alcohol or drugs, or they may have a neurological disease or congenital eye defect.

Walk and turn

The next part of the field sobriety test includes the walk and turn test. Dallas police officers may have drivers put their hands to their sides and walk heel to toe for 9 steps and turn and retrace their steps. Drivers who can not walk a real or imaginary line with out falling may be intoxicated. Other conditions may also affect a Dallas driver’s ability to perform this test including inappropriate footwear, communication barriers, poor weather conditions and a driver’s weight or age.

One leg stand

The final step in the field sobriety test is the one leg stand. Dallas drivers are asked to stand straight with their arms at their side and their feet together. Next they are required to raise their leg approximately 6 inches off of the ground. Falling, swaying or raising their hands to maintain balance may indicate the driver is intoxicated.

Finger to the nose

Dallas police officers may have several other non-standard tests which they can use to test for intoxication such as counting backwards or the finger to the nose test. The finger to the nose tests requires Dallas drivers to lean their head back, close their eyes and press their finger to their nose.

Hiring a Dallas DWI lawyer

Being arrested and charged with a DWI can lead to an automatic driver’s license suspension. To save your driving privileges you may need the help of a Dallas DWI lawyer. DWI lawyers in Dallas can file the proper paperwork for your Administration License Revocation hearing which must be done with in 14 days after the date of your DWI arrest.

Dallas DWI attorneys have the skills necessary to find the weaknesses in the prosecutor’s DWI case. Do not fight a DWI charge alone. DWI law can be complex, but a Dallas DWI criminal defense attorney can help you build a solid DWI defense.

If you have been arrested for a DWI in Texas, it is important to contact a Texas DWI lawyer immediately. This is no time to try and handle things yourself. A DWI can have long-term legal consequences. If you are charged with a crime it can drastically affect your future. Community service, fines, probation or a jail sentence are all real possibilities without the right DWI attorney.

DWI lawyers will provide an initial review of your DWI charge and in most cases, the first appointment is free. DWI lawyers understand Texas DWI laws are more likely to get you a favorable outcome in your DWI case. A DWI attorney can help research your DWI incident, prepare your DWI case and help file any necessary DWI paperwork. If you are convicted of a DWI you could face:

• Penalties and fines
• Potential jail time
• An increase in your insurance cost
• Driver’s license suspension

For a DWI in Texas, call a DWI lawyer. We may not be able to eliminate all of the expense and inconvenience of the drunk driving arrest, but we can help.

What is a DWI?

Texas DWI laws define a person as legally intoxicated if they do not have the normal use of their mental or physical faculties due to drugs, alcohol or a combination of both substances. Intoxication also can occur if an individual has a blood alcohol concentration of 0.08 or more.

Penalties for DWI in Texas

• First offense- An individual can be convicted for a DWI if the state can prove they have lost their physical or mental faculties or their blood alcohol level is greater than 0.08. The first DWI offense is considered a Class B Misdemeanor and carries penalties of up to 180 days in jail and a fine up to $2,000. The proceedings are generally held in the County Court. Community service will be assessed for at least 24 hours but not to exceed 100 hours.

• Second offense – If an individual is arrested a second time for a DWI, there must be a condition of release ordered by the court. This can include installing a deep lung machine on the car. Additionally, a fine up to $4,000 is required, jail confinement of no less than 72 hours or more than one year of community service. A judge can require the offender to serve at least 80 hours of community service but no more than 200 hours. The offender may also have their license suspended for at least 80 days but less than two years.

• Third offense – If an individual is convicted of DWI for a third time it is considered a third degree felony. They can be fined up to $10,000 and confined to prison for two to ten years. After conviction and release from prison, a deep lung air device is usually ordered as a condition of bond or release. Community service must also be completed for 160 to 600 hours and their driver’s license is suspended for 180 days to 2 years. The judge may also order a variety of alcohol treatment programs.

Common Questions about DWI arrests

• Do I need to hire a Texas criminal defense lawyer?

You should hire a Texas defense lawyer as soon as possible. A hearing request must be scheduled within 15 days of your DWI arrest. Failing to schedule the hearing or hire an attorney will waive your rights to fight against a license suspension.

• What do I do if my license is suspended and I need to get to work?

Most Texas defense lawyers can help get you an Occupational Driver’s License even if your license has been suspended. This type of license will allow you to travel to and from your job.

• What is the difference between DUI and DWI in the state of Texas?

Not all states use the same terms, but in the state of Texas driving while intoxicated means a person is operating a motorized vehicle while intoxicated by drugs, alcohol or a combination of both. Texas law uses the term DUI or driving under the influence to define an offense for anyone under the age of 21. If anyone under the age of 21 is operating a motor vehicle and an officer detects alcohol, they could be charged with a DUI.