What You Need to Know About Texas Law From a DWI Lawyer
Posted on: October 30, 2015
As a DWI lawyer in Texas, we represent a lot of people that are pulled over for drunk driving and subsequently arrested and charged for the crime. As with any crime, you are innocent until proven guilty and with the proper defense you might be able to avoid a DUI conviction or to have the penalties from a conviction be as low as possible. Our objective is to gain an understanding of what happened, how Texas law can be interpreted in your favor and to build a strong defense. After all, a DUI conviction is a criminal conviction so it is critical that you treat it as such and do not handle it like you would a simple speeding ticket.It helps to understand what Texas law is and how it can be applied to your case. For example, did you know that in order to be driving while intoxicated you need to be driving in a public place? If you are on your own property, you could be a nuisance to your neighbors but could not be convicted of drunk driving. Simultaneously you have to be the one driving. While this may seem like common sense, there have been cases where passengers have been arrested without ever doing anything illegal. As an attorney, my job is to protect your rights, and this starts by looking to see if the officers arresting you were following the law to begin with.Drunk driving is a serious crime due to how many accidents and injuries are caused by it. The Texas Department of Transportation reported that every twenty minutes a person is injured in an alcohol-related crash. This is a staggering statistic and one that has led law enforcement to crack down on drinking while driving.Understandable as this is, it often leads to arrests that are unwarranted. It also means that you can be arrested for drunk driving even if you were under the legal limit. As a DWI lawyer, we know that in Texas, you can be arrested for a DWI, regardless of how high your BAC is. This allows officers to make a discretionary call regarding whether or not they feel that you are somehow physically or mentally impaired due to drugs or alcohol. This creates some legal challenges since if you were entirely sober but very tired, you could show the same slow reaction times or lack of coherence that would be displayed if you were drunk. Given the depth of this gray area, it is critical that you work with an attorney to protect your rights, even if you do not think that you did anything wrong.It is also important to note that if you drive in Texas you are under the implied consent laws. That means that officers have the right to conduct a sobriety test at any time. If you do not comply, your license could be suspended. If you are in this situation, call our office to speak with an expert DWI lawyer today.