Do You Need A DWI & DUI Defense Attorney in Denton?
A Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) arrest in Denton is not the end of the world, although it may seem like it. The law office of Randy Brooks is intimately familiar with DWI/DUI proceedings and can help defend your freedom and your right to drive.
A DWI charge is imposed when an individual is operating a motor vehicle while demonstrating physical or mental impairment due to drugs or alcohol. If a law enforcement official considers there to be sufficient evidence of intoxication, he or she can use several field sobriety tests and/or breath and blood tests to determine if the blood alcohol contact (BAC) surpasses the legal level – 0.08 or higher.
Each conviction of a DWI results in higher charges and more severe penalties. A first DWI conviction is considered a Class B misdemeanor carrying a repercussion of 72 hours to 180 days in jail, the loss of driving privileges for up to 1 year, and a fine of up to $2,000. However, if your first conviction involves a BAC of 0.15 or higher, you can now be charged with a Class A misdemeanor resulting in 30 days to 1 year in county jail, the loss of driving privileges for up to 2 years, and a fine of up to $4,000. This is the same consequence for a second DWI conviction.
Multiple Convictions Can Mean Serious Jail Time
A third DWI conviction is a Third Degree felony and has a sentence of 2-10 years in prison, the loss of driving privileges for up to 2 years, and a fine of up to $10,000.
DUI charges are made for persons under the age of 21 who are operating a motor vehicle while under the influence of any alcohol. With minors, the BAC does not need to be 0.08 or higher, but rather only has to involve a detectable amount to be charged. Anyone 17 and older can also be prosecuted as an adult for DWI. This is at the discretion of the arresting officer.
DUI convictions are considered a Class C misdemeanor and carry a fine of up to $500 in Texas. If the offender has 2 prior DUI convictions, the punishments drastically increase.
If you fail or refuse to submit to a blood or breath test, your license is automatically suspended 40 days after the chemical tests were requested unless you file a license suspension hearing within 15 days of your arrest. This means the suspension is only automatic if you fail to request an Administrative License Revocation (ALR) hearing. As long as the hearing is requested, your license is safeguarded from suspension until after the hearing has occurred. Furthermore, if the event involves an ALR appeal, the suspension can be deferred for another 90 days. With an ALR hearing, the burden of proof is on the Department of Public Safety, and since it’s a civil case, requires less evidence than a criminal case.
DWI & DUI Defense (Including First Time Offenders)
If you have recently been arrested for DUI or DWI in Denton County, you are facing severe consequences. Contact the law office of Randy Brooks immediately. You have only 15 days to file a request for an ALR hearing in order to prevent a driver’s license suspension, so it is imperative you get us involved at the outset. If you have already lost your license, we can help you apply for an Occupational Driver’s License to at least get you back on the road temporarily.
We know the high stakes associated with DWI and DUI charges and are here to help. We will do everything in our power to ensure you keep your freedom and your ability to drive. We will analyze your unique case and use proven strategies to keep you out of jail. Call Randy Brooks today.
Recent Case Result
My client was arrested for DWI, and his blood test result stated that he had a BAC of .234, almost 3 times the legal limit. We watched his video from the incident and believed the test must have been wrong, that there was no way he could have been that intoxicated.
He was on parole for an earlier felony offense, so a conviction, even one as the result of a plea bargain, would have meant that my client would be going back to prison. We set the case for trial, and my client was found not guilty. After I cross examined the forensic scientist who performed the blood test, the jury agreed that my client’s BAC could not have been that high, and after watching the video, they agreed that my client had not lost the normal use of his mental or physical faculties.
Contact us for your initial free and confidential consultation. We serve clients in Denton and the surrounding area.