Defending Against Texas DWI Charges: Strategies to Protect Your Rights
Facing driving while intoxicated (DWI) charges in Texas can be a distressing and overwhelming experience. A DWI conviction cRead More
Driving while intoxicated (DWI) is a severe crime. In Texas, most first-offense DWIs are Class B misdemeanor offenses. First-offense misdemeanor DWIs in Texas expose a client to a potential sentence of up to 6 months in jail. However, suppose there is a finding that the accused operated the motor vehicle with an open container in the person’s immediate possession. In that case, a first offense carries a minimum term of confinement of six days. Additionally, if it is shown on a first offense that the client had a blood alcohol concentration of 0.15 or more, a first-offense DWI is treated as a Class A misdemeanor with a punishment range of up to one year in jail. DWI convictions carry a driver’s license suspension and substantial possible fines/surcharges. Any DWI charge is a serious matter. Even on a first offense DWI, a client can be charged with a felony if certain aggravating factors are alleged.
If you’re unfamiliar with the laws surrounding DWI in Texas, then it’s time to get acquainted. Understanding what actions are illegal and the consequences that can be faced are vital to keeping the roads safe and ensuring your future isn’t ruined by one lapse of judgment. Read on to find out what you need to know. If you plan on going somewhere and drinking alcoholic beverages, make sure to plan not to drive. There is no reason to risk being arrested for DWI.
Driving while intoxicated in Texas means that a person is operating a motor vehicle while impaired. Specifically, it means that they have a blood alcohol content of more than 0.08 percent. However, you can be arrested for a DWI even if your blood alcohol is below that level. At any time, police can arrest you if they think you don’t have use of your physical or mental faculties due to drug or alcohol use. In other words, if you’re impaired on any level and driving, then you’re in legal trouble.
In Texas, most DWIs will be treated as misdemeanors. There are several instances, however, where a person will be charged with a felony DWI. These include:
If you have two DWIs in Texas, even if they were misdemeanors on your criminal record, then any other DWIs will be charged as third-degree felony DWIs. If you are charged with this level of felony, then you can face up to 10 years in state prison, be required to pay fines of as much as $10,000, and have your driver’s license suspended for up to two years.
Additionally, any DWI that you have ever had can be used to enhance your charge to a felony. If at any point you have ever had a DWI, whether in Texas or not, it counts toward the total that can lead to more significant penalties.
If you are pulled over and arrested for a DWI with a child in the care under the age of 15, you’re facing felony DWI charges. Your relation to the child does not matter. The state considers this a child-endangerment situation, and the penalties can be pretty stiff. You may be sent to prison for as many as two years and be responsible for fines of as much as $10,000.
If you were intoxicated and involved in an accident that caused serious bodily injuries to another person, then you can be charged with intoxication assault. This is considered a third-degree felony and carries a maximum punishment of up to ten years in state prison. The state takes these cases very seriously because there is an alleged victim in the case.
Intoxication manslaughter occurs when an intoxicated person causes an accident resulting in another person’s death. You must be at fault for the accident with your intoxication being the cause of the person’s death. This is considered
The client believed to be facing potential Wire Fraud Charges related to SBA PPP loan applications. Investigation of applications for PPP loans and PPP forgiveness demonstrated that the Client had at all times acted in a lawful manner. Investigation demonstrated no fraud was committed by the client. Case closed.
Client was charged by Federal Indictment with making a social media post that threatened Malicious Damage and Destruction of a Building by Means of Fire and Explosives in violation of Federal law. The Defense showed that Client was a law-abiding citizen. The Defense further showed that the alleged threat was not made with any criminal intent.
The client, a public official with a long history of public service, was accused by a former girlfriend of engaging in non-consensual sexual relations. The Defense investigation and analysis showed through a detailed timeline that the allegation made absolutely no sense. Phone records, including calls and texts, were relied on to help establish an accurate timeline. The Defense met with law enforcement and reviewed a detailed package that exonerated the accused.
Client, a Houston area professional who frequently travels for work, was accused by his wife of assaulting her in his family home. Defense showed that wife’s story lacked credibility and there was no physical evidence in support of the wife’s allegation.
The client, a young Black male, was driving his car when police pulled him over for no apparent reason. It looked to be a profile stop. The client was accused of possessing a controlled substance in his vehicle. The Defense showed that there was no lawful basis for the police to stop the Client’s car. The Defense also showed that there was no lawful basis for the search of the Client’s car. It was a bad search, so the seized evidence was not admissible.
Client charged in Federal Indictment In “Operation Wrecking Ball” with 55 named co-defendants. Client faced seven charges. Client was charged with Conspiracy to Distribute Cocaine and Conspiracy to Engage in Money Laundering. Client was also charged with four counts of Distribution of Cocaine and one count of Money laundering.
Allegations involved client’s alleged use of his home to distribute cocaine. Government’s lengthy investigation involved numerous wiretaps, surveillance, video, pole cams, search warrants, vehicle stops and use of cooperating co-defendants.
Client went to trial with four remaining defendants. After a two-week trial, Judge granted Motion for Acquittal on four of the seven charges. Jury found Client Not Guilty of remaining three charges.
Client charged in Federal Court with two counts of Wire Fraud related to Five SBA EIDL loan applications. The Government alleged the client, a Houston professional, defrauded the Small Business Administration out of over $150,000. The Government also found the intended loss was over half a million dollars. The Client faced up to 20 years in prison on each count. The Defense investigated the case and negotiated a deal that included the Government not opposing a probation. The Federal Guideline calculation was for a prison sentence and the Probation Department recommended a prison sentence. Attorney Fickman submitted a 90 page Defense Sentencing Memorandum asking for Probation.
Client was retired professional. Client was accused of being involved in a road rage incident in 1960 Area. Defense put together a 100 page memorandum that demonstrated complainant was actual aggressor.
Client was accused of touching child. Case involved thousands of pages of psychiatric and Child Protective Services records as well as investigations by multiple police departments. After three- year fight, case dismissed.
Client accused of shoving and knocking down family member causing injury. After investigation, charges were dismissed.
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