What Happens After a DWI or DUI Arrest?
Attorney Amber Spurlock practices criminal defense & DWI defense law in Galveston County, TX. Our mission here is not just to offer legal representation but to help our clients understand the numerous laws that could very well impact their lives. Let’s dive into the crux of some of the details of these laws and how they might affect you should you or a loved one be arrested for DUI or DWI.
If you’re seeking legal representation in Galveston for a DWI or drug offenses, contact my office for help. I can be reached at 409-904-0407.
The Basics of Texas Law & DWI Cases
First off, let’s go over what exactly constitutes a DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) in Texas.
DWI is defined in Texas law as operating a motor vehicle in a public place while “intoxicated.” Legally, “intoxicated” means having a blood alcohol concentration (BAC) of 0.08% or higher.
For individuals under the age of 21, any detectable amount of alcohol constitutes a DUI as opposed to a DWI charge. This policy aligns with Texas’s zero-tolerance policy for underage drinking and driving.
The distinction outlined in Texas Penal Code (Title 10, Chapter 49), which you can explore here. The law doesn’t just stop at alcohol; it extends to any substance that impairs your ability to drive.
What Happens After a DWI or DUI Arrest?
Once you’re arrested for a DWI or DUI offense in Galveston or elsewhere in Texas, the most immediate concern is the potential suspension of your driver’s license. This is governed by the Texas Transportation Code, which stipulates a 15-day period post-arrest to challenge the suspension. This is referred to as Administrative License Revocation.
In this scenario, understanding the Texas Code of Criminal Procedure becomes imperative. As an attorney who’s these kinds of criminal cases numerous times, I can assure you that they’re all different and we’re almost always able to help our clients.
Penalties
The True Cost of DWI and DUI Charges
Penalties following a conviction for DWI or DUI range from fines, jail time, to even mandatory education programs.
For a first-time DWI offense, fines can reach up to $2,000. Jail time can be anywhere from three days to six months. Repeat offenders face harsher penalties, as outlined in the Texas Penal Code.
But it’s not just about the immediate penalties. A DWI/DUI conviction can have long-lasting effects on your life, affecting everything from job prospects to housing opportunities. It’s here that the expertise of a seasoned Galveston DWI attorney becomes crucial.
Defense Strategies
Crafting a Strong Case
Fighting criminal charges of DUI or DWI in Texas requires a deep understanding of both the law and the science related to blood alcohol testing. Questions about the accuracy of breathalyzer tests, the legality of the traffic stop, and the conduct of the arresting officers can be fundamental parts of our defense strategy.
Remember, the Constitution of the United States guarantees certain protections. In particular, your Fourth Amendment protection against unreasonable searches and seizures. Leveraging these constitutional protections is a cornerstone of crafting a defense strategy.
The Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Working with Attorney Amber Spurlock
Your Galveston DWI Defense Lawyer
Here’s where my role as your attorney comes into play. I provide representation that’s not just about legal prowess but also about understanding the human element behind every case.
My approach is not just about taking your case through the legal system; it’s about using your unique situation as the basis of your defense. I’ll take the time to review dashcam footage, bodycam footage, and any evidence you might have that can help your case.
With numerous 5-star reviews on Google and no complaints with the State Bar of Texas, you can trust my commitment to your case to be unwavering.
Why Hire Amber?
Choosing the right legal representation is can be the difference between being found guilty or going home scot-free.
If you have any questions give us a call. We offer 100% confidential & free initial consultations, flexible payment options, and affordable legal fees. We know first-hand how criminal charges related to DWI and DUI offenses can turn your life upside down. We can help.
My approach is to provide not just legal expertise but guidance through this challenging time. If you or someone you know is facing criminal charges in Galveston County, don’t hesitate to reach out to me by calling 409-904-0407. Remember, the right criminal defense lawyer can make all the difference in your case.