What Is A DUI In Texas?

When you’ve been charged with a DUI, call a Fort Worth DUI attorney from our office. We can help you avoid or reduce the penalties associated with drunk driving.

If you’ve been arrested for a DUI in Texas, you are facing a possible conviction for driving under the influence, which could label you as a drunk driver for life. Employers looking to hire you might see that conviction on your record and think you’re irresponsible. They may not want to take a gamble on hiring you.

You don’t want to risk a DUI ending up on your Texas criminal record. It could hang around forever, ruining your employment opportunities and frustrating you at your every attempt to better yourself.

By hiring a Fort Worth DWI attorney from our office, you’re giving yourself an improved chance of avoiding a permanent scar on your record. We are experienced criminal defense attorneys, and we know how to formulate the best defense for each DUI case we take on.

DUI Vs. DWI in Texas

The laws surrounding DUI (driving under the influence) and DWI (driving while intoxicated) are different in each state. In Texas, a DUI is a traffic offense and is charged only to those under the age of twenty-one. While driving, any amount of alcohol in your system under .08 blood alcohol content (BAC) is considered a DUI when you are younger than twenty-one.

It’s likely you will also face additional charges of underage drinking when you’ve been charged with a DUI, such as possession of alcohol or public intoxication.

Even if you’re younger than twenty-one, you can be charged with driving while intoxicated if your BAC is over the legal limit of .08. Your DUI attorney in Fort Worth will be familiar with both DUI and DWI laws and able to defend you against either charge.

Penalties Related to DUI and Underage Drinking

The penalties for DUI and DWI offenses can seriously impact your life, so it’s best to discuss the unique circumstances of your case with your attorney. However, it can be helpful to get an idea of what penalties you might be facing if you’re convicted of a drunk driving charge in Fort Worth.

The following is a basic breakdown of alcohol-related underage drinking charges and related penalties:

• First-Offense DUI – You can be sentenced to a license suspension not to exceed one year, up to a $500 fine, an alcohol education program, an additional 180 days of license suspension if you fail to complete an alcohol education program, and, in some cases, an ignition interlock device.
• Charged as an Adult – Even if you’re under the age of twenty-one, you can be charged as an adult for a DWI, depending on the circumstances of your case. If you’re charged with a DWI, even a first offense can include jail time in addition to fines, community service, license suspension, and more.
• Additional Alcohol-Related Offenses Involving Minors – These additional charges might include lying about your age, possession of alcohol, consumption of alcohol, presenting false identification, or public intoxication. Convictions for any of these charges could result in fines, license suspension, and community service.

Is There Any Hope?

When you’ve been charged with a DUI in Fort Worth, you will want a criminal defense attorney who will help you effectively fight against a conviction. Any conviction could harm your future, as many positive life prospects are only open to those with a clean background.

With technology advancement, it’s getting easier and easier for companies to find criminal charges, even in other states and small towns. Suddenly that little DUI you got doesn’t seem so little anymore.

However, there is a way to keep the charge off your record completely or to have it reduced to the point that it won’t be so harmful to your future. Your criminal attorney in Fort Worth can help you fight your DUI charges using one of the following example defenses—or others, depending on your circumstances:

Challenging the Legality of the Traffic Stop

There are many rules that police officers must follow when conducting traffic stops. They don’t have the right to pull drivers over without just cause, and the evidence must back up the officer’s statement of cause.

For example, video evidence from the dash or body camera must coincide with the officer’s reasoning for pulling you over. Also, the officer must properly Mirandize you and must not violate the law by coercing you into making a statement.

Challenging Witness Statements

Witnesses make mistakes all the time, and they often misinterpret what they think they saw. Your attorney’s job is to pull apart their statements.

Often, witness statements, such as the statement of the officer who pulled you over, will not hold up under scrutiny. When the accuracy of a witness statement is called into question, your Fort Worth DUI case could be thrown out or you could be acquitted of the crime.

Questioning the Tests

Your attorney can challenge evidence and attack the state’s case before and during trial. We can examine the tests and methods used as evidence and go after them in many ways.

Perhaps the person who collected your blood or the machine used to calculate your BAC did so incorrectly. Maybe the officer administering the field sobriety tests didn’t have the proper knowledge or training to administer the tests or he or she misinterpreted the test results.

Speak with a Fort Worth DUI Attorney

When you’re convicted of a DUI or DWI in Texas, that black mark can remain on your criminal history for years, if not forever. You don’t want to roll the dice with your future. You need an experienced criminal defense attorney working on your case—one who has a proven record of getting charges dismissed or reduced.

To contact a Fort Worth DUI lawyer with the Law Offices of Jeff C. Kennedy, simply call us at 817-605-1010 or complete the contact form below. We offer a free case consultation, so let us get started on your defense today.