DWI & Intoxication Cases
Experienced DWI & Intoxication Lawyers in Dallas, TX
Driving while intoxicated (DWI) and other intoxicated-related crimes carry significant consequences, even if an individual has never been in trouble with the law before. Law Office of Olegario Estrada, P.C. works diligently to fight for our client’s rights in these cases. Contact us to discuss your case today.
Intoxication Assault or Manslaughter
Intoxication assault and intoxication manslaughter refer to any act causing serious bodily injury or death to someone due to the intoxicated operation of a motor vehicle, watercraft, aircraft, or amusement park ride. Some important things must be proven or confirmed to be considered intoxication assault or manslaughter. One is the suspect has to have been operating one of those listed pieces of equipment. If an intoxicated person gets into a fistfight at a bar and seriously hurts someone, it would be considered assault or aggravated assault, not intoxication assault. The second is that intoxication must be proven as the reason for an accident. If an intoxicated driver is hit by another driver who runs a red light, the drunk driver can’t be arrested for intoxication assault or intoxication manslaughter, even if the other driver sustains a severe bodily injury because the accident was the fault of the person who ran the red light. So, what’s the difference between assault and manslaughter in these intoxicated cases? If the victim suffers serious bodily injury due to a person’s intoxicated operation, the charge will be intoxicated assault. Intoxication manslaughter charges arise when the driver causes a fatality due to an intoxicated operation. Both crimes carry a serious penalty, including:
- 2-20 years in prison
- Fines up to $10,000
Staunch Defense of DWI Cases
Everyone is innocent until proven guilty. Your rights need to be honored, and law enforcement officers must uphold the law when investigating possible DWI or intoxicated-related events. As your defense attorneys, we will work diligently and leave no stone unturned in defending your case. For example, our team will investigate:
- If the arresting officer had probable cause to pull you over
- If you were read your Miranda rights
- Were there any factors influencing the blood or breath test results
- Is there reason to deem the blood or breath test as inadmissible
Texas Law 1st Offense DWI
If you have been arrested for driving while intoxicated, even if it’s your first offense, you’ll be facing some serious punishment under Texas law that might include a combination of fines and jail time, as well as license suspension. A conviction could mean:
- Fines up to $2,000
- Jail time for anywhere from three to 180 days
- One year license suspension
2nd Offense DWI
If you are convicted of a second DWI, it is considered a Class A misdemeanor in Texas. Unfortunately, having one conviction in this area on your record means that the law is not on your side, and you’re less likely to receive any leniency on the penalties handed down by the court. This is why it’s critical to have an experienced law firm representing you. If convicted a second time, potential punishment includes:
- A minimum of 30 days in jail
- Potential for up to one year in jail
- Fines ranging from $2,000 – $4,000
- Possible license suspension for up to two years
Felony DWI Charges
If you are arrested for a third DWI, this third time and any future DWI convictions are considered felonies. The consequences are much more severe, and punishment is likely to include a mandatory DWI course. Texas doesn’t have a limited lookback period, which means it doesn’t matter how long ago or how many years between the first, second, and third incidences. Your entire driving history is included. Third offense convictions may consist of:
- Up to 10 years in prison
- Fines up to $10,000
- A 2-year license suspension
- Mandatory installation of an interlock device
Driving Under the Influence Under 21 Years Old
Anyone driving under the influence (DUI) of alcohol under 21 years old will immediately face misdemeanor charges, no matter how little alcohol is in their system. Even though adults 21 and over can drive with up to a .07 blood alcohol content level, there is a zero-tolerance policy for anyone under 21. There are two possible charges for minors: DUIA by a Minor (under the age of 17) or DWI by a minor (17-21 years old). A first offense conviction can include:
- Fines up to $500
- 20-40 hours of community service
- Suspended license for 60-180 days
- Alcohol Awareness course attendance
Speak With a DWI Attorney in Texas Today
To make the strongest case for your defense in any DWI charge, you should contact our team as soon as possible. Law Office of Olegario Estrada, P.C. is equipped and prepared to handle these cases whether it’s your first offense or you’ve had convictions in the past. The sooner we can get the facts surrounding your case, access police reports, and speak with witnesses, the better chance we have for the best outcome. Contact us today at 214-613-1257.