Protecting Your Rights in Drunk Driving Cases in Texas
If you have been charged with Driving While Intoxicated (DWI) in Texas, it is important to retain an experienced lawyer right away. A DWI conviction carries consequences including license suspensions, DPS surcharges, inability to find a job and difficulty finding a place to live, obtaining student loans and many other consequences depending on your situation.
Former prosecutor Sylvia A. Cavazos has been practicing criminal law for over 15 years. She is prepared to ensure that your rights are protected in all proceedings related to your DWI case. She will explain the process and make sure that you are confident in her zealous representation. Everyone at the firm will treat you with respect and dignity. Call the firm in San Antonio for a free consultation at 210-468-1130.
See the Testimonials page to learn about clients’ experience with the firm and the outstanding results in their cases.
Punishment Ranges for DWI Cases
An arrest for your first DWI will result in a Class B misdemeanor, which carries a punishment range of up to 180 days in jail and a $2,000 fine. If your blood alcohol concentration (BAC) is greater than .15 percent or you have a prior DWI conviction, this will result in a Class A misdemeanor. This can result in up to one year in jail and up to a $4,000 fine. If this is your third DWI arrest, this will result in a third-degree felony. A third-degree felony carries a punishment range of two to 10 years in prison and fines up to $10,000.
In addition to the criminal charges, you may lose your driving privileges.
To be charged with a DWI, your blood alcohol concentration (BAC) must be above the legal limit, .08 percent. If you are under the age of 21, your BAC limit is .02 percent. The definition of “intoxication” means not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.
Standardized Field Sobriety Tests, Breathalyzer and Blood Tests
If you are arrested for a DWI, you will be asked to perform a standardized field sobriety test and to submit a breath or blood test. Officers routinely use Breathalyzer and field sobriety tests to determine if someone is over the legal limit. You have the right to refuse these tests; however, if you do, a warrant may be issued to draw your blood.
Results from these tests often prove to be inaccurate. Field sobriety tests are used to examine your cognitive skills and hand-eye coordination. Some standardized field sobriety tests may include: One-leg stand, Walk-and-turn test, and the Horizontal Gaze Nystagmus (HGN). Lack of coordination, age, weight and balance are a few of the many factors that can cause you to fail these tests. Breathalyzers are subject to human and even mechanical errors. Ms. Cavazos will advocate for you and look for weaknesses in the prosecution’s case.
Although a blood test is generally the most reliable chemical test to determine whether or not a driver is intoxicated, these tests are not concrete. Unsanitary conditions, nonqualified personnel drawing your blood and expired DWI blood testing kits are just a few of the factors that can consider your BAC blood test inadmissible. Attorney Cavazos will be sure to challenge faulty Breathalyzer or blood test results and question the validity of the field sobriety test results.