Denton DWI Lawyer
Aggressive Defense Against DWI/DUI Charges in Denton County
Are you facing a DWI charge in Texas? Call The Law Offices of Nathan Miller today at (940) 580-4287 or contact us online to schedule a meeting with our DWI attorney in Denton!
Texas DWI Laws
The laws for driving while intoxicated (DWI) and driving under the influence (DUI) in Texas include:
- It is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.
- For drivers under 21 years of age, the legal limit is 0.02%.
- Refusal to take a breath or blood test can result in a license suspension.
- A person can be charged with DWI if they are found to be operating a vehicle in a public place while impaired by alcohol or drugs, regardless of their BAC.
- It is illegal to operate a watercraft under the influence of alcohol or drugs in Texas.
- Individuals can be arrested for DWI if they are found to be in actual physical control of a vehicle while under the influence of alcohol or drugs.
- A DWI with a child passenger under 15 years of age is a state jail felony.
- If a person is convicted of DWI and causes an accident that results in death, they can be charged with intoxication and manslaughter.
- Individuals can also be charged with Intoxication Assault if they caused serious bodily injury to another person while driving under the influence.
It is important to note that DWI laws can be complex and vary between jurisdictions. A qualified attorney should be consulted if you have been charged with DWI in Texas.
Thousands of people are injured or killed in Texas yearly due to alcohol-related accidents. Texas holds one of the highest averages in the United States for collisions caused by driving while intoxicated (DWI). With such a high rate of injury-causing accidents and fatal crashes, it is no surprise that Texas law enforcement aggressively searches for and arrests drivers operating their vehicles under the influence of drugs or alcohol.
While law enforcement officers intend to keep unsafe drivers off the roadways, they sometimes overstep their boundaries and wrongfully accuse or arrest drivers of being intoxicated.
In some circumstances, drivers' rights are significantly infringed upon during traffic stops, arrests, or breath/blood specimen collection processes. As an experienced Denton DWI lawyer, Attorney Nathan Miller has been highly trained to identify these DWI case issues and aggressively pursue the best possible resolution for each case.
What are the Penalties for DWI in Texas?
When faced with an arrest for Driving While Intoxicated in Texas, there are several questions to consider beyond "Will I have to serve jail time?" and "Is probation a possibility?" Other important considerations, such as driver license suspensions, driver license surcharges, insurance rates, professional licensing and certification implications, and concealed handgun license effects, need to be addressed with an experienced criminal lawyer.
Knowledge is power. At The Law Office of Nathan Miller, we are proud of our focus on educating clients regarding Texas DWI law. Our clients fully understand the factors influencing how their cases may be pursued. Our clients also know how we plan to defend and mitigate the State's prosecution.
Below are the basic law, words, and phrases to begin arming your Texas DWI knowledge.
DWI (1st):
- Texas Criminal Status: Class B Misdemeanor
- Punishment: 72 hours - 180 days confinement in County Jail. Maximum 180 days in County Jail and a fine not to exceed $2,000.00. If a person has never before been convicted of a felony, probation can be an option.
DWI with a BAC of 0.15 or higher (1st):
- Texas Criminal Status: Class A Misdemeanor
- Punishment: 0 - 365 days confinement in County Jail and a fine not to exceed $4,000. If a person has never before been convicted of a felony, probation can be an option. Ignition Interlock Device is required as a condition of probation by state law.
DWI with a prior DWI conviction (DWI 2nd):
- Texas Criminal Status: Class A Misdemeanor
- Punishment: 30 - 365 days confinement in County Jail and a fine not to exceed $4,000. If a person has never before been convicted of a felony, probation can be an option. Ignition Interlock Device is required as a condition of probation by state law.
Felony DWI with a child passenger under 15 years of age:
- Texas Criminal Status: State Jail Felony
- Punishment: 180 days – 2 years confinement in State Jail Division of the Texas Department of Criminal Justice and a fine not to exceed $10,000. If a person has never before been convicted of a felony, probation can be an option. Probation for this offense can be as long as 10 years.
Felony DWI with 2 or more prior convictions:
- Texas Criminal Status: Third Degree Felony
- Punishment: 2 – 10 years confinement in Institutional Division of the Texas Department of Criminal Justice and a fine not to exceed $10,000. If a person has never before been convicted of a felony, probation can be an option. Probation for this offense can be as long as 10 years.
Do I Need a Lawyer for a DWI in Texas?
If you are facing a charge of driving while intoxicated (DWI) in Texas, consulting with a lawyer specializing in criminal defense, including DWI cases, is generally advisable. While it's possible to represent yourself in legal matters, a DWI charge can have serious consequences, and having legal representation can help ensure that your rights are protected and that you receive fair treatment.
Here are a few reasons why it is recommended to hire a lawyer for a DWI case in Texas:
- Knowledge of the law: DWI laws in Texas can be complex, and an experienced DWI attorney will have a thorough understanding of the relevant statutes, regulations, and legal procedures. They can analyze your case, identify potential defenses, and help you navigate the legal system.
- Protection of your rights: A lawyer can protect your constitutional rights throughout the legal process. They can ensure that law enforcement followed proper procedures during your arrest, challenge any evidence that may have been obtained unlawfully, and advocate for your interests in court.
- Case evaluation and strategy: A skilled lawyer can evaluate the strength of the prosecution's case against you. They can review the evidence, including police reports, breathalyzer or blood test results, and witness statements, to determine any weaknesses or inconsistencies. Based on this evaluation, they can develop a defense strategy tailored to their circumstances.
- Plea negotiations and alternative options: A lawyer can negotiate with the prosecution on your behalf to minimize the charges or penalties you may face. They may explore alternative options, such as diversion programs or treatment programs, that could help them avoid or reduce the severity of the consequences associated with a DWI conviction.
- Court representation: If your case goes to trial, a lawyer can represent you. They can present evidence, cross-examine witnesses, and make persuasive arguments on your behalf. Having an experienced advocate by your side can greatly improve your chances of achieving a favorable outcome.
Remember, every legal situation is unique, and the specific circumstances of your case may warrant different approaches. It's always best to consult with a Denton DWI lawyer who can provide personalized advice based on the details of your situation.
The Law Office of Nathan Miller's Most Recent DWI Case Results
- Boating While Intoxicated – No Conviction
- Second DWI Offense – Dismissed
- DWI Jury Trial – Acquittal, Client found Not Guilty by Jury after trial
- Second DWI Offense While on Bond – No Jail/No Probation
- DWI – Reduced to Obstruction of Highway and Eligible for Sealed Record After Probation
Contact Our DWI Attorney Today
It is an unfortunate truth that many DWI arrests are due to overreaching police practices. Do not think your case is entirely helpless – no matter how incriminating the allegations against you may seem. From false arrests and improper field sobriety test administrations to unreliable or inaccurate breath or blood testing, Denton DWI attorney Nathan Miller knows how to uncover evidence that can leverage your case into a favorable position.
Attorney Nathan Miller's DWI / DUI Recognitions:
- Graduated 21st Annual Mastering Scientific Evidence in DWI/DUI Cases Training
- Founding Member of National DUI Defense Lawyers Association
- Trained to Administer Field Sobriety Tests while a Denton Prosecutor
- Nearly 100 DWI Cases Tired to Jury
- Over 500 DWI Cases Handled
- 10.0 Superb Rating by Avvo
- Member of the National Association of Criminal Defense Lawyers
- Named 2012-2013 "Top Attorney" by Fort Worth, Texas Magazine
Contact The Law Office of Nathan Miller today to schedule your confidential consultation with our DWI lawyer in Denton!