What is a Texas DWI?

A Texas DWI or DUI are terms that refer to operating a motor vehicle while impaired by illegal drugs or alcohol. A qualified Frisco defense attorney will be able to help you completely understand the nature of the charges brought against you. The biggest difference between the two is only in what the letters stand for. DWI is an acronym for driving while intoxicated or impaired and DUI stands for driving under the influence. Throughout the United States, the laws vary regarding how a DUI or DWI is dealt with --not only at the state level, but by the county level. If you have been charged with a DWI in Frisco, you will need a Frisco DWI attorney.

In some states, the drunk driving laws differentiate between a DUI and a DWI, where the DUI is a lesser charge. In these states, a DUI is a lesser degree of intoxication. Sometimes, states will lessen the penalties of a DWI --but you’ll need the help of a Frisco defense attorney.

If you are convicted of a Texas DWI, you will be facing some strict penalties. There is a $2,000 maximum fine. You may spend up to six months behind bars. Your license will be suspended for up to a year. And you will have to pay $1,000 every year for three years just to keep your license. For a second conviction, there is a $4,000 maximum fine. You may have to spend up to a year in jail. Your license will be suspended for up to two years, and it will cost you $1,500 every year for three years to keep your license. A third conviction carries a $10,000 maximum fine, up to ten years in prison, a suspended driver’s license, and even steeper fees for getting it back.
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Please consult a Frisco DWI attorney immediately to handle your DWI case.

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Do You Need A Frisco DUI Attorney?

If the police see you driving erratically or violating traffic laws, they can stop and question you for a Texas DWI violation. If they suspect you're intoxicated, they can ask you to perform various tests, including a blood alcohol test.

When you drink alcoholic drinks, alcohol is absorbed into your blood stream. The level of alcohol in your blood, the Blood Alcohol Content, can be measured by different methods. Driving with a BAC level of .08 or above is illegal in all states. All states have laws with even lower prohibited BAC levels for commercial drivers, as well a zero tolerance Texas DWI law for drivers under age 21. Consult a qualified Frisco DUI attorney if you are being charged with driving while drinking.

If the police think you're drunk, they can require you to take a breathalyzer test or give a blood sample to measure your BAC. Refusal to take a test causes an automatic suspension of your license. This can last as much as six months or longer.

The penalties for drunk driving are grave. However, your Frisco criminal lawyer may be able to help minimize your sentence or absolve it entirely. Punishment for first time offenders includes suspension of driving privileges, as well as points on your driver's license and costly fines. Punishment for second and subsequent offenses increase significantly and usually mean serving jail time. A drunk driving conviction also generally causes your automobile insurance premiums to increase dramatically.

Many people charged with drunk driving request a trial to fight the charge. Legal defenses may be raised to defeat the drunk driving charge or reduce the penalties. You'll need a Frisco criminal lawyer to properly defend yourself at trial.

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Will a Judge Reconsider a Sentence for My Texas Controlled Substance Case?

If you have an adequate Frisco criminal attorney, you may never need to ask this question. Federal judges generally do not revisit their sentencing decisions, and are fairly strict on Texas controlled substance rulings. There are two exceptions. One is that judges may correct a sentence for clear error, within 14 days after the sentence is imposed. Clear error is one that results from an arithmetical or technical mistake. However, it is unwise to depend on a court error to occur. Your best bet is to hire a Frisco defense lawyer to make certain the proceedings go on without such mistakes.

The other exception is that court may reduce a sentence if the government files a motion based upon the defendant providing substantial assistance in investigating or prosecuting another person. This should be filed within one year of sentencing. It can be filed later if the information or its usefulness was not known to the defendant or the Government until after the year had expired. Consult a qualified Frisco criminal attorney to guide you through this process.

While many state courts allow defendants to request a sentence reconsideration based on leniency grounds within 90 or 120 days of sentencing, there is no corresponding provision in
federal law.

If you believe the sentence imposed was not acceptable by law (for example, if it exceeded the statutory maximum) or that it was the result of procedural error, you can appeal the sentence to a higher court, but you must file a Notice of Appeal within ten days of being sentenced. A Frisco defense lawyer will be able to assist you with your appeal.

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