Driving While Intoxicated

 
By Ball & Hase

I have been accused of DWI. What do I do?

Driving While Intoxicated is considered a serious offense. After an arrest, the police will present their case to the local district attorney to review for prosecution. In most instances, the prosecutor accepts the case and charges are filed in the county of arrest. It is important that you consult with legal counsel as soon as possible after being released from custody. The penalties under Texas law, if a person is convicted of driving while intoxicated, include fines, potential confinement in jail and driver's license consequences. A first offense carries penalties under Texas law of fines up to $2000.00. In addition, the possibility exists for confinement in jail up to 180 days. Repeat DWI offenders can expect even greater potential exposure to confinement and fines. In addition, repeat offenders are typically required to have breath test machines placed on their vehicles even before the guilt question is decided in court. Any DWI conviction will result in consequences to a person's automobile insurance. Delay in seeking legal counsel can result in later inability to locate witnesses and preserve possible evidence, so it is important to consult with an attorney as soon as possible.

In addition to the criminal charge, if you have been arrested for Driving While Intoxicated in the State of Texas, you have probably received some paperwork from law enforcement officials concerning your driver's license. If you read that paperwork very carefully, you will observe that there are strict deadlines as far as actions you must take in order to preserve your right to drive. This firm advises anyone arrested for DWI to get to a lawyer's office with that paperwork before the deadline, so that your rights can be protected. Under Texas law, driving privileges can be suspended for refusing to submit to a police-administered test as well as failing a police-administered test. The primary document used by police officers in this instance is called the "Statutory Warning." (Even if you do not receive this paperwork, your driving privileges still may be affected.) At Ball & Hase, during the initial client consultation, we will carefully explain the steps necessary to protect your driving priveleges.






© 2000  Ball & Hase

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