Laredo, Texas DWI Lawyer
Laredo DWI Lawyer: Defending Against Drunk Driving Charges
People are human, and sometimes they make mistakes. Unfortunately, one of the most serious mistakes a person can make is getting behind the wheel after consuming alcohol. While most individuals who drive under the influence do so without malicious intent, the consequences in Texas are severe. If you have been arrested for DWI (Driving While Intoxicated), you could be facing jail time, hefty fines, a suspended driver's license, and a permanent criminal record.
In Laredo, Texas, law enforcement and prosecutors take DWI offenses very seriously, and they aggressively pursue convictions. It is critical to have an experienced criminal defense attorney on your side to ensure that your rights are fully protected. Joey Tellez, a seasoned criminal defense lawyer in Laredo, handles all DWI cases personally and is committed to providing top-notch service. If you've been arrested for DWI, contact us today to schedule an initial consultation.
Laredo Attorney Representing Residents Facing DWI Charges
Texas law is strict when it comes to DWI offenses. If a person operates a motor vehicle with a blood alcohol content (BAC) of .08% or higher, or while under the influence of drugs, they can face serious penalties. Texas law divides DWI charges into several categories, and the consequences vary depending on factors like prior offenses, the level of intoxication, and the presence of aggravating circumstances.
Penalties for DWI in Laredo, Texas
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First Offense DWI:
A first offense DWI can result in up to 180 days in jail, fines of up to $2,000, and a driver's license suspension of up to one year. Additionally, you may face mandatory alcohol education classes and community service. -
Second Offense DWI:
A second offense DWI can carry penalties of up to one year in jail, fines of up to $4,000, and a driver's license suspension of up to two years. -
Third Offense DWI:
A third offense can result in up to 10 years in prison, fines of up to $10,000, and a driver's license suspension of up to two years. -
Aggravated DWI:
If your BAC is 0.15% or higher, you can face enhanced penalties (aggravated DWI), including longer license suspensions and longer jail sentences. -
DWI with a Child Passenger:
If you are arrested for DWI with a child passenger under the age of 15 in your vehicle, you may face state jail felony charges, which carry penalties of up to 2 years in prison and up to $10,000 in fines.
DWI Arrests and Legal Process in Laredo, TX
In Laredo, the legal process for a DWI case generally begins with a traffic stop where an officer suspects the driver of being intoxicated. If you are stopped by law enforcement in Laredo and suspected of DWI, here's what you can expect:
1. Traffic Stop and Field Sobriety Tests (FSTs)
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Initial Stop: Police in Laredo may stop your vehicle if they suspect erratic driving or see signs of intoxication, such as swerving or speeding. A DWI arrest can be triggered if the officer believes your BAC exceeds the legal limit or if you show signs of impairment due to drugs or alcohol.
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Field Sobriety Tests (FSTs): If an officer suspects you are intoxicated, they will likely ask you to perform field sobriety tests (FSTs). These tests are highly subjective and open to challenge. Factors such as medical conditions, weather, or even stress can influence your ability to pass them.
2. Breathalyzer and Blood Tests
- If you are arrested for DWI in Laredo, the officer may request that you take a breathalyzer test or submit to a blood test to measure your BAC. Refusing these tests can lead to an automatic license suspension and other penalties.
3. Consequences of Refusing a Blood or Breath Test
- If you refuse to submit to a breathalyzer or blood test, you will face an automatic license suspension under Texas law. However, you have the right to request a DPS hearing within 15 days of your arrest to contest this suspension.
4. Protective Measures and Bond Conditions
- In some cases, a protective order (temporary restraining order or TPO) may be issued, which could limit your ability to operate a vehicle or contact certain individuals, particularly if there are concerns about the safety of others. This is particularly relevant in cases where a child passenger was involved.
Challenging DWI Charges in Laredo
Just because you have been arrested for DWI doesn't mean you are automatically guilty. There are several ways an experienced DWI attorney like Joey Tellez can challenge the prosecution's case and potentially have the charges reduced or dismissed. Some common defenses against DWI charges in Laredo include:
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Unlawful Traffic Stop:
- If the police officer did not have probable cause or reasonable suspicion to pull you over, any evidence obtained during the stop may be inadmissible in court.
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Improper Administration of Field Sobriety Tests:
- FSTs are not always accurate. A challenge can be made if the tests were not conducted properly or if external factors (such as medical conditions or poor weather) affected the results.
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Breathalyzer Test Errors:
- Breathalyzer machines are not perfect, and sometimes they can provide inaccurate results due to malfunction or improper calibration. If there is any evidence that the breathalyzer was not properly maintained or operated, Joey Tellez can challenge its results.
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Blood Test Chain of Custody Issues:
- Blood tests must be handled and stored properly to ensure the results are accurate. If there is any doubt about the handling of the blood sample, it can be challenged in court.
Motion to Exclude Evidence
If evidence was improperly gathered, Joey Tellez can file a Motion to Exclude Evidence, asking the judge to disallow any unlawfully obtained evidence, such as breathalyzer results or video footage of the arrest.
Laredo DWI Attorney: Committed to Personal Service
When facing the serious consequences of a DWI charge, you need an attorney who is not only skilled in Texas DWI law but is also committed to personal, responsive service. At our office, Joey Tellez handles all cases personally. He will communicate with you regularly, answer your questions, and ensure that you understand every step of the process.
Serving the Laredo Community and South Texas
We proudly serve residents of Laredo and the South Texas region. If you've been arrested for DWI in Laredo or Webb County, Joey Tellez is here to help you defend your rights and your future.
Contact us today for an initial consultation and take the first step toward a strong defense.