Stephenville DWI Defense Attorney

Defending the Accused in Erath County, Comanche County & Beyond

Getting arrested for driving while intoxicated (DWI) is a stressful and overwhelming experience. If you have been accused of DWI, you need to retain the services of a skilled and experienced Stephenville DWI defense lawyer.

At the Law Offices of Landon Northcutt, our team is committed to providing our clients with the exceptional legal services they deserve. We will fight aggressively to protect your rights, your freedom, and your future. With so much at stake, you need to retain the services of a law firm that will provide you with the strong and effective legal representation you need and deserve.

If you have been arrested for DWI, call our Stephenville DWI defense attorney today at (254) 355-4654 or contact us online to schedule a consultation.

What Is DWI?

Under Texas law, DWI is defined as driving a motor vehicle in a public place while intoxicated. You can be charged with DWI if you have a blood alcohol concentration (BAC) of .08% or higher. You can also be charged with DWI if you have lost your normal mental or physical faculties due to the use of drugs or alcohol. If you are under the age of 21, you can be charged with DWI if you have any detectable amount of alcohol in your system.

Our firm is dedicated to helping individuals who have been arrested for DWI, as well as other criminal offenses. We understand that people make mistakes. We also understand that good people sometimes find themselves in bad situations. Our goal is to help you get your life back on track.

How to Beat a DWI in Stephenville

There may be multiple ways to beat a DWI charge in Stephenville, Texas. The best defense strategy will depend on the specific circumstances of your case, such as your criminal history, the evidence against you, and the arresting officer's conduct.

Here are five common defenses to DWI charges:

• Illegal traffic stop: Before a police officer can pull you over on suspicion of DWI, they must have reasonable suspicion to believe you broke the law. If the officer did not have reasonable suspicion, the DWI charges against you may be dismissed.
• Failure to read Miranda rights: During a DWI arrest, the arresting officer must read the suspect their Miranda rights before initiating an interrogation. If the officer fails to read the suspect their rights and the suspect makes an incriminating statement, the court may suppress the statement.
• Improperly administered field sobriety tests: Field sobriety tests are notoriously unreliable and can be affected by numerous factors, including the suspect's age, weight, and physical condition. If the field sobriety tests were not administered properly, the results may not be admissible in court.
• Inaccurate breathalyzer results: Breathalyzer tests are not always accurate. The breathalyzer machine must be properly calibrated and maintained. If the machine was not calibrated or maintained properly, the breathalyzer results may be inaccurate and inadmissible in court.
• Illegal search and seizure: Before the police can search your vehicle, they must have probable cause to believe you were involved in criminal activity. If the police illegally searched your vehicle, the evidence obtained during the search may be suppressed.

Our firm is committed to helping you fight the DWI charges against you. We will review the specific circumstances of your case and help you build a strong and effective defense strategy.

What Are the Penalties for a First-Time DWI in Texas?

The penalties for a first-time DWI in Texas include:

• Up to $2,000 in fines
• Up to 180 days in jail
• Up to 100 hours of community service
• A suspended driver's license for up to 1 year
• An annual surcharge of $1,000 or $2,000 for 3 years to retain your driver's license

If you are convicted of a first-time DWI in Texas, you may also be required to install an ignition interlock device (IID) on your vehicle. An IID is a breathalyzer device that requires you to provide a breath sample before starting your vehicle. If the IID detects alcohol on your breath, your vehicle will not start. You will be responsible for the cost of installing and maintaining the IID.

How Long Does a DWI Stay on Your Record in Texas?

If you are convicted of a DWI in Texas, it will stay on your criminal record for life. Unfortunately, this means that a conviction for DWI can have serious and long-lasting consequences. For example, if you are convicted of a DWI, you may have difficulty finding a job, obtaining housing, and qualifying for a loan. A DWI conviction can also impact your ability to get a professional license and your eligibility for certain government programs.

However, you may be eligible to have your DWI conviction expunged from your criminal record.

To be eligible for expunction, you must meet the following requirements:

• You were arrested but not charged with DWI
• You were charged with DWI but acquitted
• You were charged with DWI but the charges were dismissed
• You completed a pretrial diversion program

Unfortunately, if you are convicted of DWI in Texas, you are not eligible to have your conviction expunged. However, you may be eligible to have your DWI conviction sealed. To be eligible for an order of nondisclosure, you must meet the following requirements:

• You were not convicted of DWI
• You were placed on probation and successfully completed the terms of your probation
• You were not placed on probation and waited the appropriate waiting period

If you are granted an order of nondisclosure, the public will not be able to access the details of your DWI conviction. However, law enforcement agencies, government agencies, and certain employers will still be able to access your DWI conviction.

How to Get Your License Back After a DWI in Texas

If you are arrested for DWI in Texas, your driver's license will be suspended for 90 days. If you refuse to submit to a breath or blood test, your driver's license will be suspended for 180 days. You only have 15 days to request an Administrative License Revocation (ALR) hearing. If you do not request a hearing within 15 days, your license will be automatically suspended.

However, if you request an ALR hearing, you may be able to get your license back.

At the ALR hearing, the judge will determine the following:

• Whether the police officer had reasonable suspicion to believe you were driving while intoxicated
• Whether the police officer had probable cause to believe you were driving while intoxicated
• Whether you refused to submit to a breath or blood test
• Whether you failed a breath or blood test

If the judge rules in your favor, your license will not be suspended. However, if the judge rules against you, your license will be suspended. If you are granted an order of nondisclosure, the public will not be able to access the details of your DWI conviction. However, law enforcement agencies, government agencies, and certain employers will still be able to access your DWI conviction.

Get the Legal Help You Need Today

If you have been charged with DWI, you need to retain the services of a skilled and experienced Stephenville DWI defense lawyer as soon as possible. Our team will fight aggressively to help you avoid a conviction and the serious penalties that accompany a conviction. We will work tirelessly to protect your rights, your freedom, and your future.

Call our Stephenville DWI defense attorney today at (254) 355-4654 or contact us online to schedule a consultation.

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