McAllen Texas DWI Lawyers
If you have been arrested and charged with Driving While Intoxicated (DWI) in McAllen TX it is important that you understand your legal rights. Knowing what to expect throughout the legal process can help ease your mind and lower your anxiety levels. Having qualified, knowledgeable McAllen Texas DWI lawyers on your side is critical to the outcome of your case and any fines and penalties that may be imposed by the court. As mandated by the State of Texas there are severe and sometimes harsh penalties for the offense of driving while intoxicated.
What are the penalties for DWI in Texas ?
– Fine up to $2,000
– Jail time of at least 72 hours up to 6 months.
– Six days in jail is the minimum for having an open container
– 24 hours of community service up to 100 hours.
– Fine up to $4,000
– Jail time of at least 72 hours up to 1 year
– 80 hours of community service up to 200 hours
– License suspension between 180 days up to two years
– Felony Charge
When arrested for DWI in Texas it is required that the arresting officer give you a Notice of Suspension. You have 15 days from the time that you receive your notice to request an “ALR” Administrative License Revocation Hearing. It is imperative that you have a professional and aggressive DWI attorney represent you at this hearing.
This is your first chance to challenge any evidence that the prosecutor and arresting officer may have including field sobriety test . Any and all evidence that can be dismissed during this hearing is of a benefit to you if and when you go to trial. If you do not request an “ALR” hearing your drivers license will automatically be suspended by the DPS on the 40th day following your arrest. As soon as possible after your arrest you should contact a qualified attorney to attend this hearing with you so that your rights are protected.
I was not driving, how could I get arrested for DWI ?
In Hidalgo County Texas, it is illegal for an individual to operate a motor vehicle in a public place while intoxicated. “Intoxicated” means having a blood alcohol concentration of 0.08 or higher or not having the normal use of your physical or mental faculties due to the use of illegal drugs, prescription drugs, or any other substance you may have caused to be placed into the body.
The term “Driving” under Texas law basically means operating a motor vehicle be that a car or motorcycle, with or without a valid drivers license. This means that a sheriffs deputy or police officer can arrest and charge you with DWI even if your car or motorcycle is not in motion.
I was sober, how could I be arrested for DWI ?
It has been known for innocent people to be arrested for DWI even if they have not been under the influence of alcohol or illegal drugs. Law enforcement officers do make mistakes and field sobriety equipment does not always work the way it should. This is one of the reasons that it is important for you to request an ALR hearing.
When you schedule a consultation and meet with your Hidalgo County DUI attorneys bring any and all information with you that could help or even hurt your case. Be sure to bring any tickets that have been issued, copies of your Notice of Suspension, results of any breathalyzer test and any notes as to the actions and conduct of the officers involved in your arrest. All of this information could have a bearing on your case and can give your attorney more insight as to how to plan your defense. The laws as to how and from whom field sobriety test are administered are very precise. All it may take to have your case dismissed is one mistake from the arresting officer.
Do not enter a plea before contacting one of the McAllen Texas DWI Lawyers found on our site. Entering a plea before consulting with an attorney may lead to stiffer fines and penalties.