Count on our defense lawyers after your arrest
Have you been charged with driving under the influence (DWI) in Texas? If so, you need a lawyer who knows how to get results. You need The Webb Firm, P.C. based in Conroe, Texas.
Criminal defense lawyer Amanda Webb brings a wealth of experience to complex cases. Before founding her own law firm, Webb served as an assistant district attorney in Montgomery County. As a result, she knows how the legal system works from both sides.
Attorney Webb also understands the urgency of your case. When it comes to DWI charges in Texas, you often need to act fast. Otherwise, you could miss important deadlines and miss out on different options that may be available to you.
What is probable cause for a DWI?
To arrest you for driving while intoxicated (DWI), also known as DUI, police must first have reasonable suspicion that you are committing a crime to stop you. However, to arrest you for a DWI the police must have probable cause. Some common mistakes a police officer can make when arresting you for DWI include:
- Stopping you based on a “hunch”
- Stopping you because of an anonymous call with no prior observations
- Stopping you because you were driving too slow or too fast without further proof
- Stopping you because you were weaving within a single lane
- Stopping you just to see if you have your driver’s license and registration
- Following you home without any probable cause or permission
- Not following police DWI training
- Not following Texas Breath Alcohol Testing Regulations
- Detaining you for longer than necessary
- Using your statements alone as probable cause to arrest you
These mistakes are all things that can impact how your DWI/DUI case is defended. If you were arrested for drunk driving in Conroe or Montgomery County, contact Amanda Webb to go over your rights and discuss your legal options.
What happens if I fail a breathalyzer test?
If you failed a breathalyzer test or a blood test, it doesn’t automatically mean you will be found guilty of driving while intoxicated (DWI). Blood test results and breathalyzer test results are simply pieces of evidence that an experienced DWI defense attorney can challenge or raise doubts about when defending you. With breath tests there is a lot of room for error, as the breathalyzer only estimates your blood alcohol content (BAC).
If you were arrested for DWI/DUI in Conroe or anywhere in Montgomery County due to a failed breathalyzer test, contact us right away. As a former assistant district attorney, Attorney Webb has a clear understanding of the laws that pertain to DWI tests and knows how to build an effective defense.
What happens when you get convicted of DWI in Texas?
Under Texas law, a DWI conviction comes with hefty fines and penalties, including:
- First Offense – Arrest and jail time between 3-180 days, a fine of up to $2,000, loss of your driver’s license for up to a year, and up to $6,000 in a state traffic fine.
- Second Offense – Arrest and jail time between 1-12 months, a fine of up to $4,000, loss of your driver’s license for up to 2 years, and up to $6,000 in a state traffic fine.
- Third Offense – Arrest and jail time between 2-10 years, a $10,000 fine, loss of your driver’s license for up to 2 years, and up to $6,000 in a state traffic fine.
- DWI with a Child Passenger – Arrest and up to 2 years in jail, loss of your driver’s license for 180 days, a fine of up to $10,000.
In Texas, you are also legally required to install an ignition interlock device on your vehicle at your expense if you are convicted of DWI two or more times in five years.
How can a Texas DWI defense lawyer help me?
An experienced criminal defense attorney can help if you were arrested for driving while intoxicated (DWI) by:
- Fighting to exclude evidence, such as the results of BAC tests and field sobriety tests
- Restoring your driving privileges
- Helping you avoid having to pay insurance surcharges and other costly fees
- Getting your DWI charge reduced or dropped
- Negotiating a plea bargain
- Fighting for acquittal in court
There are many options available to you if you have been charged with DWI in Texas. Especially if this is your first DWI, you may be eligible for a restricted driver’s license which allows you to commute to work or drive to other specific locations.
An experienced attorney may even be able to get your DWI charges dismissed. Reasons why may include the arresting officer failed to follow proper procedures, or there were errors involving the equipment used to test whether were you intoxicated. Also, your case could be dismissed if the test samples from your breathalyzer test or another similar test were not stored properly.