Driving under the influence is against the law in Texas. If you are charged with driving while intoxicated (DWI), you may face financial penalties, license suspension, and even jail time. The severity of the consequences depends on the nature of your charge and the circumstances surrounding your citation. If you need help with a DWI citation, were involved in an accident with an intoxicated driver, or require assistance with personal injuries or legal guidance after an accident, please reach out to our office. At Garrity Traina, we have experienced McKinney, Texas DWI lawyers who handle personal injury claims, motor vehicle citations, DWIs, and related charges. Don’t hesitate to contact our team at (972) 535-6377.
DWI Laws: Strict Regulations in Texas
DWI laws in Texas cover the influence of alcohol, drugs, and even prescription medicines that can impair your ability to drive. The aim of these laws is to ensure road safety by addressing the negative effects of impaired driving caused by alcohol and drugs. Impaired drivers have reduced reflexes, slower response times, impaired judgment, and compromised control over their vehicles. Consuming drugs or alcohol before driving can lead to more risky behavior and aggressive driving, posing a danger to themselves and others on the road.
DWI laws also apply to drugs and medications that can cause drowsiness, mental impairment, or issues with decision-making, vision, or motor control. Depending on the circumstances of your DWI charge, it may be treated as driving over the legal blood alcohol concentration (BAC) limit or driving while impaired. Both cases fall under the category of a DWI. In certain situations, such as underage drinking and driving, you may be charged under a zero tolerance consumption policy, regardless of your BAC level.
If you need a free legal consultation with a DWI lawyer serving McKinney, please call (972) 535-6377.
Strict Charges and Penalties for DWI Convictions
According to the Texas Department of Transportation (TxDOT), alcohol-related road accidents in Texas result in someone being injured or killed every 20 minutes on average.
While there is no fixed definition of how much alcohol or drugs constitute impairment, a BAC level of 0.08 percent is generally used as a legal threshold for intoxicated driving. It’s important to note that any amount of alcohol can impair your ability to drive safely. Factors such as body weight, the quantity of alcohol consumed, and the type of beverage can impact how quickly impairment occurs.
If your BAC is 0.08 percent or above, you can be arrested and charged with a DWI. Additionally, simply having alcohol in your car can result in a $500 fine. The Texas Penal Code §49.031 defines rules regarding the possession of alcohol in a car. These rules state that:
- You cannot have an open container of alcohol in the passenger area of a motor vehicle while operating it on a public highway.
- An open container refers to a bottle, can, or any other receptacle that contains any amount of an alcoholic beverage and is open, has a broken seal, or has contents that were partially removed.
- The passenger area of a motor vehicle refers to the area where the vehicle’s operator and passengers can sit.
- The passenger area does not include the glove compartment, a locked storage container, the vehicle’s trunk, or the section of the vehicle behind the last row of seats.
- Public highways encompass roads, streets, highways, interstates, and other publicly maintained thoroughfares open for public use for motor vehicle travel.
TxDOT provides detailed information on the charges and penalties associated with various DWI offenses. Examples of these penalties include:
- Up to $10,000 in fines, 24 months in jail, and a six-month license suspension for a DWI conviction with a minor under the age of 15 in your vehicle.
- A first DWI offense can lead to a fine of up to $2,000, between three and 180 days in jail, and a license suspension of up to 12 months.
- Second offenses may result in fines of up to $4,000, between one and 12 months in jail, and a two-year license suspension.
- Third offenses carry a fine of $10,000, two to 10 years in prison, and a two-year license suspension.
- After a second DWI conviction, you may be required to install a special ignition lock that prevents your vehicle from starting if you have consumed alcohol.
For more information on the categories of punishments and penalties related to drinking and driving offenses, please contact Garrity Traina. Call (972) 535-6377 to speak with a member of our team and learn how our McKinney, Texas DWI lawyers can assist you with your case.
Experienced DWI / DUI Attorney
Dedicated to Protecting Your License When Facing DUI/DWI Charges
Everything may have been going great for you. You have the perfect life with a loving family and a promising career. You have never had any encounters with law enforcement. However, one evening after dinner with your spouse, you get pulled over by the police. They request field sobriety tests, and in an attempt to be helpful, you comply. Before you know it, you find yourself in the back of a police car, arrested for drunk driving.
Feeling scared in this situation is normal. You may not know what to expect or how to prevent this incident from ruining your life. The first step after your arrest is to insist on having an experienced criminal defense attorney by your side before discussing your case.
At Garrity Traina, we understand the weight of your situation, and we want to minimize the stress it causes you. Our lawyers will fiercely fight for you throughout your case because we understand its significance to you. We can assist you with various aspects of your DWI/DUI case, such as:
- Reviewing all the evidence to determine if the arresting officer followed the correct procedures.
- Examining the Breathalyzer results to ensure proper calibration.
- Representing you in administrative proceedings related to the suspension of your driver’s license.
- Negotiating with prosecutors to reduce the charges you are facing.
- Advocating for you at trial, if necessary.
Remember, you have options in your drunk driving case, but it’s crucial to take advantage of them. Pleading guilty without consulting an attorney may complicate matters in the long run. Whether this is your first offense or you have prior convictions, our attorneys are here to help you.
Click here to contact our McKinney Criminal Defense Lawyers today.
Legal Assistance for DWI Charges
If you have been charged with a DWI or were involved in an accident related to driving under the influence, we are here to support you. The at-fault party in an accident may face significant fines and penalties. They may also need additional proof or documentation, such as SR-22 insurance, to maintain their driving privileges.
Loss of driving privileges, higher insurance premiums, new insurance requirements, vehicle damage costs, bodily injuries, and other accident-related expenses can take a toll on you and affect your ability to work and travel.
To learn how we can assist you, please contact Garrity Traina at (972) 535-6377. Our McKinney, Texas DWI lawyers can help you in the following ways:
- Gather evidence related to your DWI charge or the accident you were involved in.
- Keep you informed about important laws, insurance regulations, paperwork, and evidence requirements for seeking compensation.
- Obtain the police report of your accident.
- Seek to reduce the charges you are facing based on the circumstances of your arrest or other factors influencing your case.
DWI charges come with increasingly severe fines and penalties for each subsequent offense, including potentially longer jail terms. If you are facing criminal penalties or need assistance with a DWI accident case, we are just a call away. Reach out to our team for guidance, legal advice, or representation for your case.
Call or text (972) 535-6377 or complete a Free Case Evaluation form.