DUI & DWI
Getting charged with a DUI can be earth-shattering, especially when you think about the impact it will have on the way people look at you. But it doesn’t have to be like that.
Our experience with DUI defendants is extensive, and we are well-equipped to put together a full-proof defense case for you. At Hernandez Law, we are on your side, and we will protect you.
How to Fight DWI and DUI Charges in Montgomery County
If you or a loved one are facing charges for driving while drunk or under the influence (DWI/DUI), it is vital to understand that your rights and that charges do not automatically mean you are guilty. All too often, offenders face charges due to policing errors or rights violations, which could reduce or dismiss charges by the prosecution.
How Texas Law Defines a DWI and DUI
In Texas, DWI is short for the phrase “driving while intoxicated” and is a standard charge when drivers are driving under the influence of alcohol. The legal standard for intoxication in the lone-star state is a blood alcohol content (BAC) level of 0.08 percent or higher in persons 21 years or older. According to this law, persons under 21 years of age operating a vehicle while legally intoxicated are “driving under the influence” (DUI).
Texas Enhanced DWI Charges
In Texas, DWI is short for the phrase “driving while intoxicated” and is a standard charge when drivers are driving under the influence of alcohol. The legal standard for intoxication in the lone-star state is a blood alcohol content (BAC) level of 0.08 percent or higher in persons 21 years or older. According to this law, persons under 21 years of age operating a vehicle while legally intoxicated are “driving under the influence” (DUI).
What are the Criminal Penalties for a DWI in Texas?
As a first offense, DWI are Class B Misdemeanors, with penalties that could include:
- Fines up to $2,000
- Jail sentencing of 3 to 180 days
- License suspension for up to 2 years
- Up to 3 years of annual surcharges to maintain your license
- Intervention and/or educational DWI programs
- Ignition interlock devices
Repeat offenders can expect some of the previously mentioned consequences in addition to:
2nd DWI Convictions
- Class A Misdemeanor cha0rge
- 30-day minimum jail sentences with one year maximum possible
- Fines of up to $4,000
3rd DWI Convictions and Beyond
- Third Degree Felony charge
- 2-year minimum prison sentence with a 10-year maximum possible\
- Fines of up to $10,000
In addition to these sentences, you may also face administrative penalties that add additional fines and license suspension because of refusing to take a chemical test or failing it. Hiring a DWI defense attorney to fight these charges aggressively is critical to your defense case.
Texas Enhanced DWI Charges
Under certain circumstances, you could face enhanced criminal charges in your Conroe, Texas, DWI case.
Examples of situations that can lead to enhanced charges in your case include:
- Prior convictions on your record
- You caused a severe injury as a result of your drunkenness
- You caused the death of another when driving intoxicated
- Having a BAC of 0.15 or higher
If charged with DWI under any of these scenarios, you may face felony charges with prison time.
Hire a Skilled DWI Attorney in Conroe, TX Right Away
If facing DWI charges, it is vital to find a reputable criminal defense attorney experienced in DWI law like those at The Hernandez Law Firm. Our team of legal professionals will vigorously defend you against these charges. We are here to represent everyone and offer Spanish-speaking attorneys to assist you in communicating your case details and explaining what your options are for your situation. Contact us right away to schedule a consultation and discuss your charges in-depth.
