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The Importance of Hiring an Experienced Law Firm in a DWI Arrest

Driving under the influence of alcohol is an extremely serious matter that courts do not take lightly. If a person is convicted of the offense, he can face high fines and lose driving privilege. However, an arrest for a DWI does not always mean a conviction and if a person is convicted, he may be able to receive a reduced fine or sentence. When an individual is facing a DWI, there are factors that should be kept in mind.

The Arrest

If a law enforcement officers suspect that a person is driving while the influence, this individual can be easily pulled over. A law enforcement officer can administer a field sobriety test to determine whether the driver is impaired. If the test shows that the person’s blood alcohol content is over the legal limit of .08 percent or more, he can be arrested. However, in some areas, the officer can arrest a person if he suspects the individual has been drinking and is over the legal limit or if he suspects that the person is impaired due to drugs. Some locations have more stringent laws regarding DWI arrests. An experienced Houston criminal defense lawyer understands all aspects of various county laws.

Suspended License

If a person in Texas refuses to take a Field Sobriety Test, or if he fails the test, his license is automatically suspended. The individual may be eligible for an Administrative License Revocation (ALR) hearing so that he can contest the charge. People currently have 15 days from the date of their arrest to request a hearing after which they will be automatically denied. At the hearing, the individual can present facts as to why their arrest was invalid. The residing hearing officer will make the final determination.

In some cases, a person who has had his license revoked or suspended may be eligible to receive an Occupational License to allow him to drive to and from work or school.

Penalties for a DWI

When a person is arrested and convicted of a DWI, they can face severe penalties. The severity of the penalty is based upon the charge itself. If someone is convicted of a felony DWI, the penalty will generally be more severe than that of a first-time offender. But even first-time offenders can face serious consequences.

A first offender can be sentenced to time in jail and have his license suspended for a significant period of time. He can receive probation and can be sentenced to attending a driver’s education course at his own expense. Depending on the Field Sobriety Test results, a driver can have a Class A or Class B misdemeanor on his record. Fines can be as high as $2,000.

The individual must also factor in other costs associated with DWI arrests and convictions. He may lose his job if he relies on a commercial driver’s license. He may have loss of wages for court dates or lose his job if he goes to jail. His family will suffer from the loss of income but also due to the fact that he is unable to help with errands and other family responsibilities.

Experienced Lawyer

It is imperative to have an experienced Houston criminal defense attorney such as the attorneys at the Martinez Law Firm to handle a DWI case. Having a firm that is knowledgeable about the DWI process and a full understanding of Field Sobriety Tests and license revocation can result in dismissal of erroneous charges or a lesser sentence for the defendant.

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