When you get a DWI it is natural to feel ashamed, alone, deeply disappointing in yourself and even angry. It is also natural when falsely accused to feel deep resentment, bitterness towards the police and rage over feelings of being violated and disrespected. If you get down on yourself please know that there will always be an end to this saga. “Drink. Drive Go to Jail.” is NOT the law. “Drive Sober or Get Pulled Over.” is NOT the law. Know that many good people have been where you’re at.
When you face a DWI charge it can be scary, intimidating, and exhausting. Throughout the process of your case, you will want a caring, knowledgeable, and hard-working team on your side. The Coffey Firm is committed to helping you through this process.
Each of our attorneys work hands on to ensure that you will feel comfortable, and made aware of all of your options. Our confidential evaluations are free, all you need to do is call us!
The Texas Penal Code defines a DWI, in section 49.04 as “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.”
The Texas Penal Code defines Intoxicated, in section 49.01 as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance in the body, or having an alcohol concentration of .08 or more.”
Did you know that for a DWI:
You can still be charged if you are under .08 despite this being the legal amount?
You can be charged for DWI based on prescription medication.
You can be charged for DWI for marijuana?
You can be charged for DWI for drugs.
Most large north Texas counties have magistrates on standby to get a warrant for blood if you refuse to give a sample of breath or blood. Essentially, there is no such things as “No refusal weekend” anymore
You have a right to refuse to answer questions in a DWI (must submit to handing over license, insurance and registration).
You have a right to refuse to perform the field sobriety tests. The U.S. Supreme Court does require you step out the vehicle.
The National Highway Safety Administration (NHTSA)’s standardized field sobriety tests have been subject to scientific peer review criticism (for eg. Dr. Spurgeon Cole study, Dr. Steve Rubenzer paper)
Texas law requires that all blood tests be submitted with a margin of error.
There are all kinds of scientific issues and concerns with proper breath and blood testing.
How do I find out if my drivers license is suspended or revoked?
You can go to the Texas DPS Website
You will need the following information:
Texas Drivers License Number
Date of Birth
Last 4 Digits of your Social Security Number
The punishment range for a DWI is:
1st DWI: Class B Misdemeanor, 3 – 180 Days, up to $2,000 fine
2nd DWI: Class A Misdemeanor, 30 Days – 1 Year, up to $4,000 fine
3rd DWI: 3rd Degree Felony, 2 – 10 Years, up to $10,000 fine
DWI w/Child Under 15: State Jail Felony, 6 Months – 2 Years, up to $10,000 fine
** If you get charged with a DWI with a B.A.C. of over .15 you will automatically be charged with a Class A Misdemeanor**