Midland Dwi Lawyer – After you have been stopped by a police officer, arrested and charged with driving while intoxicated (DWI), it is important to consider your legal rights. A DWI conviction has serious consequences, including jail time, probation, fines, driver’s license suspension, and possibly an alcohol monitoring device in your vehicle.
As a former Assistant Criminal District Attorney, Aaron E. Eckman knows firsthand how prosecutors approach these cases. Our skilled Midland DWI attorneys are prepared to fight for your criminal case. Let our knowledge work for you!
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If you have been charged with DWI in Texas, contact a Midland DWI attorney today to discuss your options.
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In Texas, a first or second DWI is a misdemeanor offense and a third DWI offense is considered a felony.
The consequences for a DWI are serious and require serious legal representation from an experienced Midland criminal defense attorney. What are the blood alcohol limits in Texas?
In the state of Texas, there are three different blood alcohol concentration (BAC) limits that determine what penalties you can face if you are convicted of DWI. The “per se” BAC limit is 0.08 percent. If you are a minor, the BAC limit is 0.02% and if your BAC percentage is over 0.15%, you may face enhanced/aggravated penalties.
Texas supports implied consent law, which means that if you have a driver’s license, you have already agreed to take a BAC test when you are pulled over for DWI. Refusal to take the test may result in additional penalties.
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DWI (driving while intoxicated) and DUI (driving under the influence) are often used interchangeably, but they have important differences. Anyone of legal drinking age in Texas can be charged with DWI if their BAC is 0.08% or higher, which makes them legally intoxicated.
The state of Texas has a zero tolerance policy for minors under the age of 21 with any detectable BAC. This means that a minor will be charged with DUI if he or she tests with any trace of alcohol in his or her system. A person under 21 can also be charged with DWI if they drive with a BAC of 0.08% or more.
A DWI in Texas can be reduced. A DWI can be reduced by a plea agreement, and there are several factors that a judge uses to decide whether or not to accept the plea agreement. Some of the factors used by the judge are:
If there have been errors or a lack of evidence in the accusation that makes it difficult to get a conviction, the prosecutor can offer a reduced charge that brings lesser penalties. Alternatives that a judge can convict you of instead of a DWI might be reckless driving, an obstructing toll, or a public intoxication charge.
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If you are arrested for DWI, your driver’s license will be automatically suspended unless you request an Administrative License Revocation (ALR) hearing. You usually have 15 days from the date of your DWI arrest to request a hearing. Failure to request a hearing will result in an automatic driver’s license suspension for 90 days to 2 years. The suspension usually begins 40 days after the date of arrest.
The ALR hearing is an important part of the DWI process. There are actually two types of legal proceedings that a person charged with DWI can face. One is the criminal DWI matter. The other is a civil proceeding seeking a Texas driver’s license suspension. If you have been arrested for DWI, our Midland DWI attorneys can challenge your Texas driver’s license suspension at the ALR hearing.
If your driver’s license is suspended for a DWI, you may qualify for an occupational license. An operating license, also called an essential needs license, is a special type of restricted license issued to people whose driver’s licenses have been suspended. This permit allows you to drive to work, school-related activities, and allows you to drive to do essential homework. At Eckman Bidwell, PLLC, our criminal defense attorneys can petition a court for an order requiring the approval of a Texas professional driver’s license. If you are successful, we can apply for a Texas Occupational Driver License on your behalf through the Texas Department of Public Safety.
Under Texas Penal Code 49.09, if you are charged with DWI and have a child passenger (15 years or younger), you may face enhanced penalties. Enhanced penalties include a 180-day driver’s license suspension, 2 years in prison and a maximum fine of $10,000.
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For more information, please call (432) 223-9427 to schedule your initial consultation with our team. Our Midland DWI attorneys have extensive experience and can help you maintain your rights! As a former Chief Criminal Prosecutor, Tommy W. Hull has extensive experience and an understanding of how to effectively defend you in court. Tommy does not back down from a challenge and will outperform his competition in an effort to obtain a favorable outcome for your case.
Attorney Tommy Hull has over 15 years of experience and provides defense services throughout Midland County and as far as Odessa. Attorney Hull is a former Chief Criminal Prosecutor for the State of Texas. Working on that side of the legal aisle has given him a unique perspective on how the system works and a desire to help more defendants get the kind of vigorous legal defense they deserve and a fair justice system depends on.
Attorney Hull knows from experience that not everyone accused of murder is guilty. He knows the onus is on the prosecutor to prove guilt, not on the accused to prove innocence, and he aims to hold prosecutors to a high standard. In addition, lawyer Hull knows that the accused are not necessarily bad people. He provides a listening and supportive ear and then works on an aggressive, detail-oriented defense designed to protect his clients’ freedom and restore their reputations.
Facing criminal charges? Call Tommy W. Hull PC today at (432) 223-0044 or contact him online to set up a free consultation with our Midland, TX attorney.
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No one prepares for a tougher case than Tommy Hull. As a former Chief Criminal Prosecutor, Tommy has the experience and knowledge to get the results his clients need.
Good results come from hard work and experience, and Tommy W. Hull PC has spent over 15 years understanding how the Texas judiciary works and how to advocate for his clients.
A lifelong Texas resident who married his high school sweetheart, attorney Tommy Hull is an American academic, experienced Midland, TX attorney, and family man. Learn more about it and how it can help you.
When someone is accused of a crime, it changes their life. Their social circle and neighborhood can prejudice them, leading to a loss of reputation. They risk large fines and prison terms. They need a qualified lawyer and they also need someone they can trust. For Tommy W. Hull PC, “innocent until proven guilty” is more than a legal phrase. It’s a lifestyle that means its customers deserve the benefit of the doubt. He gives them. Then he gives them the kind of legal defense that gives them the best chance to prove their innocence to the world.
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If you are facing criminal charges, call Tommy W. Hull PC today at (432) 223-0044 or contact him online to set up a free consultation with our Midland, TX attorney. If you have been charged with a crime in Texas, you need an experienced criminal defense attorney on your side.At Brockett, McNeel & Pocsik LLP, we fight to defend our clients’ rights. We have built our reputation on getting results. We are intimately familiar with all aspects of the Texas criminal justice system and have the knowledge and skills to make sure you understand your legal options and guide you through the legal process.
We represent clients in state and federal courts on charges ranging from misdemeanors to serious felonies, including:
If you have charges on your record that you want expunged, Brockett, McNeel & Pocsik LLP can help you get those charges sealed or expunged, or we can represent you in appellate court. No matter what obstacle has been put in your way, rest assured that we will diligently strive to help you overcome it and will constantly work to achieve the best possible result for you.
At Brockett, McNeel & Pocsik LLP, we go the extra mile to make sure you get the justice you deserve. We took an oath to provide exemplary service – an oath we are dedicated to honoring. Through very careful preparation and firm attention to detail, our efforts are always focused on this goal. We speak personally with witnesses; Comb through police files; and thoroughly investigate the scene of the alleged crime, if necessary. We also bring in experts who challenge the prosecution and help us prepare trial strategy.
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