Plano DWI Attorney
Fighting Driving While Intoxicated Charges in Texas
If you are arrested for DWI in Plano, it is important that you have a knowledgeable attorney who knows the law, can address your questions and concerns, and is capable of aggressively defending you in court. Bill Stovall has tried numerous DWI cases across the State of Texas and is prepared to successfully handle every phase of your case.
In addition to creating an effective defense strategy against your charges, Plano DWI attorney Bill Stovall can represent you at your Administrative License Revocation (ALR) hearing. Whether you are facing the suspension of your license or need help obtaining your occupational driver’s license, depend on the Law Offices of Bill J. Stovall to help you achieve your goals.
Blood Alcohol Concentration (BAC) Limits in Texas
In Texas, it is illegal for drivers over the age of 21 to operate a motor vehicle while intoxicated. According to state law, a person is legally intoxicated when their blood alcohol concentration (BAC) level reaches .08% at the time of driving. Commercial drivers holding a CDL are only permitted to drive with a BAC of less than .04%, regardless of what type of vehicle they are driving. Drivers who are found to have a BAC or .15% or above can face more significant penalties.
Texas Zero-Tolerance Policy
Texas has a zero-tolerance policy for drivers who are under 21, meaning they are not allowed to operate a vehicle with any amount of alcohol in their system.
What are the Penalties for DWI in Texas?
Being convicted for DWI can result in several significant consequences, including fines, jail time, and driver’s license suspension. The specific penalties you could face depend on how many previous offenses you have and whether or not you were driving with a child passenger.
Potential punishments for DWI in Texas include:
- First offense – 3 to 180 days in jail, a fine of up to $2,000, and driver’s license suspension for up to a year
- Second offense – 1 month to 1 year in jail, a fine of up to $4,000, driver’s license suspension for up to two years
- Third offense – 2 to 10 years in prison, a fine of $10,000, and driver’s license suspension for up to two years
- DWI with a child passenger – up to 2 years in prison, a maximum fine of $10,000, and driver’s license suspension for 180 days
On top of these penalties, a DWI conviction will be added to your criminal record, which could make it difficult to find a job, gain entrance into a college, acquire certifications, or purchase a gun.
Field Sobriety Tests
The Standardized Field Sobriety Test (SFST) is made of up 3 individual tests:
- Horizontal Gaze Nystagmus (HGN) test - For this test the officer will observe the eyes of the person in question as they slowly move a pen or small object back and forth to look for signs in each eye that the person is impaired.
- Walk-and-turn test - For this test, the officer instructs the person to take nine steps, touching heel-to-toe in a straight line and the return back. The officer is looking for signs of intoxication such as not being able to keep their balance, starting before the instructions are finished or not following the instructions properly.
- One-leg stand test - For this test, the officer will instruct the person to stand with one foot off the ground and hold it for about 30 seconds. The officer looks for signs of intoxication such as swaying, hoping or using their arms to balance.
First-Time DWI Offenses: How to Protect Yourself
We can help you defend against Plano DWI charges if you feel you were unfairly accused or if law enforcement handled your case wrongly. Depending on the circumstances, our law firm might be able to formulate a defense strategy:
- Lack of Probable Cause - For a police officer to stop you for DWI, there must be probable cause. We may be able to dismiss your case if we can show there was no probable cause to pull you over.
- Defective Breathalyzer Test - Testing with a breathalyzer is not always conclusive proof that you exceeded your blood alcohol limit or that you were too intoxicated to drive. Upon reviewing your test, we may be able to determine if your device was faulty or calibrated incorrectly. In addition, the person performing the test may not have been qualified to do so.
- Police or Prosecution Misconduct - Our case may be dismissed or reduced if the police officers or the prosecution acted in a way that was unprofessional or inappropriate.
What is Texas’s Implied Consent Law?
In the state of Texas, if you are pulled over for a suspected DUI you automatically have given your consent to a blood or chemical test to measure your blood alcohol concentration. You do have the right to refuse these tests but that will result in the following penalties:
- 1st offense: 180 days license suspension
- 2nd offense: 2 year license suspension
- 3rd offense: 2 year license suspension
Why Hire The Law Offices of Bill J. Stovall for Your Plano DWI Case?
The Law Offices of Bill J. Stovall, Plano DWI lawyer, can give your case the attention it deserves. We provide comprehensive legal services including:
- Handling the entire case for you
- Determining whether to dismiss or reduce the charges
- Contesting the prosecutor's assertions
- Investigating the charges to establish the facts
- Negotiating a plea deal if necessary
Our team will work closely with you throughout the litigation process to ensure that your rights are protected and that the Texas justice system treats you fairly. Your charges do not have to be accepted as they are. Against the courts, we may be able to help you if we find another option. Let's discuss your case today.