DWI Defense

Pearland DWI Defense Law

If you’ve been charged with driving while intoxicated (DWI) in Pearland, it’s crucial to seek legal counsel promptly. Convictions for Texas DWI can result in revoked driving privileges, jail time, fines, and potential repercussions on your reputation, job, and personal relationships. The Alston Landry Law Firm is here to prevent a single mistake from derailing your life. With a breadth of experience ranging from minor infractions to severe sentences, the Law offices of Alston Landry are prepared to support you through this challenging process.

According to Texas Penal Code 49.04, Driving While Intoxicated occurs when an individual is “intoxicated while operating a motor vehicle in a public place.” This means that you can face a DWI charge if your ability to function normally mentally or physically is impaired due to alcohol or drugs, or if your blood alcohol concentration (BAC) exceeds 0.08. If your BAC is less than 0.08, an officer may still arrest you if they deem you too intoxicated to drive.

Range of Punishment for DWI

The severity of punishment for a first DWI offense depends on your BAC, specifically whether it’s under or over 0.15. For a first offense DWI with a BAC under 0.15 (Class B Misdemeanor), you could face a minimum of 72 hours in jail, which increases to six days if an open container was found in the vehicle. Fines can reach up to $2,000, and the maximum jail term is 180 days. If your first DWI offense involves a BAC over 0.15 (Class A Misdemeanor), you could be sentenced to up to 1 year in jail and a fine of up to $4,000. These penalties come with additional consequences such as license suspension up to 2 years, mandatory interlock device installation, and a civil fee ranging from $3,000 to $6,000.

Subsequent DWI Offenses

A second DWI offense is classified as a Class A misdemeanor, carrying a potential sentence of 30 days to one year in jail, a maximum fine of $4,000, license suspension for up to two years, mandatory interlock device installation, and a civil fee between $4,500 and $6,000. A third or subsequent DWI offense is elevated to a third-degree felony, which could result in a prison sentence of two to ten years, a maximum fine of $10,000, license suspension for up to two years, mandatory interlock device installation, and a civil fee ranging from $4,500 to $6,000.

When facing DWI charges in Montgomery County, Harris County, or neighboring areas, immediate contact with The Law offices of Alston Landry is crucial. Their experience spans from first-time offenders to those confronting multiple DWI charges with potentially severe penalties.

Texas Implied Consent Law

Texas’s implied consent law mandates that anyone arrested for a DWI must undergo a breath or blood test (chosen by the officer) to measure blood alcohol level or detect drugs in their system. Refusing such testing after arrest leads to a 180-day license suspension for a first offense. For those who have had at least one “enforcement contact” related to alcohol or drugs within the past decade, refusing the test could result in a two-year license suspension. Refusal initiates a one-sided license revocation process. You have only 15 days to request an Administrative License Revocation hearing (ALR). Even if you consent and your BAC is over 0.08, an ALR hearing is necessary to retain your driver’s license. It’s advisable to have an attorney like The Law offices of Alston Landry challenge and cross-examine the officer in the criminal case.

Standard Field Sobriety Tests

The standard field sobriety test includes the horizontal gaze nystagmus test (eye test), the one-leg stand, and the walk-and-turn tests. Officers use these tests subjectively to assess impairment. Refusing these tests could lead to an arrest, as officers often rely on them to build a case. While Texas law doesn’t mandate taking these tests, refusing them can result in arrest.

Long-term Impact of a Texas DWI Conviction

A Texas DWI conviction will likely remain on your criminal record indefinitely without the assistance of an experienced attorney. Such a conviction could pose challenges when seeking employment, housing, education, or leading a normal life. DWIs can have lifelong implications. Although DWI convictions can’t be expunged, they can be sealed. The Law offices of Alston Landry have successfully helped clients seal their records for added privacy. They aim to prevent a DWI charge from haunting various aspects of your life.

When charged with a DWI in Pearland, don’t hesitate to contact an attorney experienced in fighting DWI charges. Reach out to The Law offices of Alston Landry for immediate assistance.