Smith County DUI/DWI Defense Lawyer

Texas Laws Regarding DWI

The threshold for legal motor vehicle operation is .08 percent blood alcohol content (BAC) levels. If you are a commercial driver, this limit is lowered to .04 percent, and if you are under 21, it is illegal to have any alcohol in your system. Once you are charged with DWI, you must immediately begin planning your defense if you are to continue driving without consequences. Our firm has extensive experience fighting these charges, and we can help you tell your side of the story in a compelling way.

The consequences of a DWI are as follows:

• First-offense DWI: This is considered a Class B misdemeanor, and a conviction could result in a jail sentence of up to 180 days with fines of up to $2,000. Penalties worsen for subsequent convictions, so making sure you successfully defend against the first one is important.
• Aggravated DWI: Class A misdemeanor with a maximum jail sentence of up to a year with fines of up to $4,000.
• DWI with a minor in the vehicle: This is considered a Class E felony with a maximum prison sentence of four years.
• Intoxication assault or manslaughter: If your drunk driving causes injury or death to someone else, you could face between 10-20 years in prison and up to $10,000 in fines.

Don’t wait to get started on your case. Call (903) 207-5525 now or contact us online to speak with John J. Eastland Attorney at Law, P.C. about your case.

Fighting the Charges

There are many instances where what appears to be drunk driving is either a mistake of fact or the result of some other occurrence. You need an attorney who can help you clearly explain what happened and why you should not be treated like a criminal.

Some possible defenses could include:

• Lack of probable cause to stop or arrest you
• Failure to issue your Miranda rights
• Other procedural mistakes the police made during your stop and arrest
• Improper reliance on roadside or field sobriety tests by the police officer
• Errors in how the authorities administered your blood alcohol or breathalyzer testing
• Improper calibration of the breathalyzer or other testing equipment

Our firm can help you understand the importance of these defenses and how they could protect you.

If You Are Convicted

It is crucial that you secure effective representation for your case. Prosecutors and law enforcement will go to great lengths to ensure you face the maximum penalties for the allegations against you. With our DWI lawyer on your side, you can feel hopeful and confident that your rights will be protected and that you will be able to tell your side of the story in a compelling way.