A DWI charge is often the result of a simple mistake or lapse in judgment. Unfortunately, it can still result in serious consequences. Even if you can avoid jail, the charge could cost a significant amount of money. As a result, understanding your options is the first step in finding a way to put your charge behind you. If you have been charged with DWI, the best thing to do is contact a DWI defense attorney as soon as possible.

I Was Driving After Drinking, Should I Just Plead Guilty?

While we respect your desire to tell the truth and take ownership of your mistake, you should never plead guilty without first understanding your options. Once you plead guilty, you lose all of your leverage for obtaining a fair result. While you may at some point plead guilty as part of a plea bargain, you should only plead guilty when it is in your best interest to do so.

How Accurate Are Breathalyzer Results?

Breathalyzer machines are fairly accurate when properly calibrated and used correctly. Breathalyzer results are often compromised due to misuse of or failure to maintain the device. They can also be inaccurate because the officer failed to administer the test properly. An experienced DWI defense attorney can discuss your breathalyzer results and determine whether they are challengeable.

Won’t The Prosecutor Be More Lenient if I Cooperate?

Law enforcement officials often like to suggest that you will get a better outcome if you cooperate with them. This is rarely true and is usually done to get defendants to incriminate themselves. Outside of a few exceptions, such as following lawful commands i.e. exiting your vehicle when ordered or providing identification, you are under no obligation to cooperate with law enforcement or even speak to them without an attorney.

Can My DWI Charge Be Dismissed if My Rights Were Violated?

It is possible for your case to be dismissed if the officer violated your constitutional rights. For example, your case may be dismissed if they didn’t have reasonable suspicion to pull you over, lacked probable cause to make an arrest, or failed to read you your Miranda rights during a custodial interrogation. However, these are difficult arguments to make. If you believe your rights have been violated, contact a DWI defense attorney immediately.

Can I Go to Jail if This Is My First Offense?

DWI is taken very seriously in Texas, but the penalties you face will be determined by many different factors. A first offense DWI is a Class B misdemeanor, meaning that you could face up to 180 days in county jail if you are convicted. However, if your blood alcohol concentration is shown to be .15 or higher, a first time DWI can be enhanced to a Class A misdemeanor, which carries the possibility of up to a year in jail.

Should I Accept the Plea Bargain Offered to Me?

Plea bargains are often offered for the benefit of the prosecution, allowing them to obtain a fast conviction and lightening their caseload. As a result, the plea agreements they offer, at least initially, are rarely fair. We recommend contacting an experienced DWI defense attorney if you have been offered a plea bargain. Even if you wish to take a plea, an experienced DWI attorney can often negotiate a much more favorable offer.

Talk to a DWI Defense Attorney at Barton & Associates, Attorneys At Law, PLLC Today

If you have been charged with DWI, we can help you get a fair result. Contact us today to schedule a consultation.