Whether it is a birthday celebration with friends, a candle-lit anniversary, or a happy hour with the office, drinking is a common and fun way to commemorate small or big wins. After a couple glasses of wine, or maybe even a celebratory shot, you may begin to feel a little tipsy. You drove yourself here and don’t want to leave your car in the parking lot all night, and so you risk it. Impaired driving is never the answer, and almost always will result in a DWI, no matter your intentions or proximity to home.
If you have been charged with a DWI in the Lone Star State, you may have questions or concerns with the legal process. An experienced criminal defense attorney can help you understand your rights and what exactly is at stake.
3 Myths About Receiving a DWI in Texas
Over time, television and movies have painted a particular idea of what exactly a DWI entails and how you receive one. This coupled with the increased number of people drinking and driving makes for a dangerous combination. Three myths regarding receiving a DWI in Texas include the following:
They Go Easy on First-Time Offenders
It was just two drinks at the bar with coworkers. You have never been caught driving under the influence before, so naturally, the police officer that has pulled you over will let you go with a warning, right?
This is seldom the case. Even if you have never as much have received a speeding ticket, a DWI charge is serious. In 2021, Texas saw over 25,000 drunk driving-related incidents. If you have been caught driving under the influence of alcohol, you may be at risk of probation, license suspension, fines, or even jail time, despite it being your first offense.
Your BAC Must Be Over 0.08%
A common misconception is related to your blood/breath alcohol concentration (BAC). The legal driving limit is 0.08%, which represents itself differently in various people. Your height, weight, and other various factors contribute to your BAC, so there is no exact number of drinks to adhere to when attempting to stick under the legal driving limit.
Your BAC can be measured through your breath, though a DWI lawyer may be able to help contest the results if you believe them to be faulty or misrepresentative. Additionally, in Texas, even if your BAC has not been measured, if an officer believes that you are too impaired to drive, they can arrest you for a DWI. The officer can allege that you have lost the use of your mental and physical faculties due to alcohol drugs or a combination. The higher your BAC, the harsher the legal repercussions.
You Must Be Caught Physically Driving
You do not have to be physically operating a motor vehicle to be arrested for a DWI. If a police officer sees you asleep in the vehicle but the vehicle is on or you were observed driving by a witness while exhibiting intoxicated behaviors, they can charge you with a DWI.
Sophia C. Martinez can help guide you through the legal process of your case and determine whether or not the officer had enough probable cause to legally arrest you for a DWI.
Charged With a DWI? Sophia Martinez Law Can Help
Navigating the process of a criminal charge may be stressful and overwhelming. With over 25 years of criminal defense experience and English and Spanish-speaking options, former Assistant District Attorney Sophia C. Martinez of Sophia Martinez Law is here to help.
With extensive DWI case experience, Sophia Martinez can help relieve some of the stress of facing a DWI charge. She will gather all of the information needed while you focus on other life matters. Our law office understands the importance of your case, and with a free consultation, we can begin working on providing you with the best possible outcome today. To get started, use our contact form or call us at (210) 226-3000.