DWI/DUI Lawyer BAsed in Irving
Personalized Legal Representation & Efficient Communication
Driving while intoxicated is one of the most common criminal charges that drivers incur. If you have been arrested for a DUI/DWI, the consequences upon conviction could include jail time, fines, and license suspension. Reach out to Kelley Legal immediately if you are facing these consequences. Erin Kelley is an experienced defense lawyer who is more than equipped to handle your DWI defense. She intentionally takes on a smaller caseload so that she has the capacity to provide personalized, committed representation to each of her clients, and she also prioritizes consistent and efficient communication to answer all your questions throughout your case.
Contact Kelley Legal to get started on your DWI/DUI defense.
What Constitutes a Crime of Driving While Intoxicated?
Under Texas law, driving while intoxicated (DWI) prohibits motorists from operating a motor vehicle while:
- possessing a blood alcohol concentration (BAC) of .08% or more; or
- intoxicated by drugs or alcohol to the extent that they lack the normal use of their mental or physical faculties.
It is possible to get a DWI without actually driving the vehicle. The law specifies DWI as "operating" a vehicle while intoxicated or with a prohibited BAC, so driving is not actually a required element of the crime. “Operating” a vehicle can very well include any action that affects the functioning of the vehicle in such a way that enables its use.
Texas also implements “zero tolerance” laws that make it illegal for underage drivers (drivers under the age of 21) to operate a motor vehicle with any detectable amount of alcohol in their system.
Penalties Upon Conviction – Jail Time, Fines, & License Suspension
The penalties for DWI depend on the severity of the offense (the jail time usually increases for higher BACs) and how many prior convictions the defendant has:
- First offense: Seventy-two hours to six months in jail; up to $2,000 in fines; 90 days to 12 months of license suspension; ignition interlock device (IID) use if the defendant seeks an occupational license during the license suspension period
- Second offense: Thirty days to 12 months in jail; up to $4,000 in fines; 180 days to two years of license suspension; one year of IID use
- Third offense: Two to 10 years in jail; up to $10,000 in fines; 180 days to two years of license suspension; one year of IID use
Texas also has “implied consent” laws that require drivers who have been lawfully arrested for a DWI to submit to a blood or breath test. Refusing a test could result in 180 days of additional license suspension for a first-time refusal and two years of license suspension for a subsequent refusal. All refusals, prior convictions, and failed BAC tests (tests that yielded results of .08% or greater) within the past 10 years will be considered.
Being accused of driving under the influence of alcohol or other drugs can have serious impacts on your right to drive after your arrest. Kelley Legal can help you fight your charge and protect your driving privileges in the face of harsh allegations.
Contact Kelley Legal for a free initial consultation to learn more about your available DWI defense options.
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