Wichita Falls DWI Attorney

Texas DWI / DUI Criminal Defense Lawyer in Wichita Falls, Texas

Because Texas penalties for DWI are harsh, you really face no other option than to obtain a lawyer and plead "not guilty," even if charged with a first offense.

DWI / DUI Penalties

In addition to ordinary penalties that include jail and fines, Texas has a tax, called the Texas Driver Responsibility Tax, that is imposed on DWI / DUI offenders. You will be subject to the following penalties if your blood alcohol level (BAC) is over the legal limit and you are convicted of a DWI / DUI:

DWI / DUI First Offense

• Jail: 72 hours to 180 days
• Maximum fine: $2,000
• License suspension: 3 months to 1 year
• Texas Driver Responsibility Tax: $1,000 per year for 3 years

DWI / DUI Second Offense

• Jail: 30 days to 1 year
• Maximum fine: $4,000
• License suspension: 6 months to 2 years
• Texas Driver Responsibility Tax: $1,500 per year for 3 years

DWI / DUI Third Offense

• Prison: 2 to 10 years
• Maximum fine: $10,000
• License suspension: 6 months to 2 years
• Texas Driver Responsibility Tax: $2,000 per year for 3 years

Drinking and Driving vs. Drunk Driving

The matter in question is not whether you have been drinking and driving but whether you were driving drunk. The deciding factor for drunk driving is a BAC of .08 or higher. However, variables make BAC testing an inaccurate procedure. For example, one important detail is the time the chemical test is administered; in many cases, it ranges from 45 minutes to 75 minutes after the officer stopped you. Guesswork enters into calculating what your actual BAC was at the time you were pulled over. If you do not say what type of alcohol you were drinking, how many drinks you had and whether you were drinking on an empty stomach or after a full meal, there is no way to accurately determine what your BAC would have been at the time the officer stopped you. If the alcohol had not yet entered your system, you could have had a BAC under .08 when stopped and a higher BAC when tested.

In a DWI case, the prosecutor must prove that you were intoxicated while driving in order to get a conviction. Because DWI is a criminal offense, the burden of the proof lies with the prosecution to prove your guilt beyond a reasonable doubt. Our DWI Lawyer, Milissa C. Barrick, tailors defense strategies to her client’s situation.

Possible Defense Strategies include:

• challenging Breathalyzer test results based on error of the device or timing of when the test was administered,
• asserting that the client did not appear intoxicated on video (most arrests in Texas are videotaped),
• arguing that police did not have reasonable cause to make the stop,
• advocating community service or rehabilitation programs as opposed to jail.

Obtaining legal counsel as soon as possible can make a significant difference in the outcome of a DWI case, sometimes resulting in dropped charges. The Law Offices of Milissa C. Barrick, P.C., works diligently to protect your rights and gather information to provide an effective defense. To learn how we can help you, take advantage of our free initial consultation. Call our Wichita Falls office at (940) 723-9300, or Contact Us Online.