Walker County DWI Attorney
Frequently Asked Questions
Why do I need a defense lawyer?
It is not mandatory that you consult a Walker County DWI lawyer if you have been arrested for driving while intoxicated, but it is definitely beneficial to the outcome of your case. In fact, if an attorney gets involved early on, he/she may be able to help you avoid having formal DWI charges filed against you or may be able to negotiate with the prosecuting attorney so you face a lesser charge and penalties. Aggressive litigation and representation at your ALR hearing and during the criminal court process can result in the reinstatement of your driving privileges and an acquittal (not guilty verdict).
What are some of the penalties I might face for a first DWI conviction?
Even a first offense DWI in Walker County, Texas can result in mandatory jail time, driver’s license suspension, fines, probation, community service and DWI education classes. Multiple DWI offenses will result in increased penalties, such as for a second, third or fourth DWI offense. A skilled DWI defense attorney can help you avoid these penalties by providing effective legal counsel.
Do I have to agree to perform field sobriety tests?
No. Field sobriety tests are not required by law, and you can politely refuse to perform a field sobriety test if the officer asks you. While this may result in your arrest for DWI anyway, it will also mean that there will be less evidence against you should you be charged with drunk driving later on.
Do I have to agree to perform a breath test or blood test?
Under Texas Implied Consent law, if you refuse to perform a breath or blood test your driver’s license will be automatically suspended. Refusing a breath test or blood test multiple times will result in increased penalties.
What are some of the problems associated with breath tests and blood tests?
In order for a breath test or blood test to show an accurate reading of a driver’s blood alcohol concentration, the test must be administered properly. Even if it is administered entirely correctly, however, a driver’s unique metabolism, body weight, health, body temperature and even diet can affect the results of a breath or blood test. A number of things can go wrong when a breath test or blood test is administered, including an improperly calibrated breath test machine, an incorrectly handled blood sample or an error in the administration of the test. Your defense attorney can review these to determine whether DWI defense strategies can be built upon these weaknesses.
What qualifies as a felony DWI charge?
Most Walker County DWI charges are misdemeanor offenses, but several may qualify as felonies. This includes: DWI with injury, third offense DWI, DWI manslaughter and fourth offense DWI charges. Felony DWI charges can result in severe penalties, including state prison sentences of up to 10 or 20 years, depending upon the specific case.
Can I get a restricted license?
You may be able to apply for an occupational driver’s license in some circumstances, usually only after a first or second DWI conviction. An attorney can help you with this by filing a court order, representing you at your hearing and providing all necessary information to the Department of Public Safety so they will reissue your license.
Contact Walker County DWI lawyer Douglas W. Atkinson today!