Amarillo DWI Lawyer

Defending Against DWI Charges in Texas

If you have been arrested for drunk driving anywhere in Amarillo, it is imperative that you retain the services of a knowledgeable Amarillo DWI lawyer as soon as you can. At The Law Offices of D. Chris Hesse, we believe that every life is important and we don't take life for granted. We know just how important, it is to provide our clients with the legal defense they deserve to protect their rights. If you choose to have our firm represent your best interests, you can count on us to thoroughly investigate your case and fight on your behalf.

DWI Cases We Handle

DWI cases can take many forms; our firm handles the following types:

• First-offense DWI
• Felony DWI
• DWI Minor
• DWI involving drugs
• Multiple DWI charges

Have you been arrested for a DWI? Call Law Offices of D. Chris Hesse today at (806) 350-6785 or contact us online to schedule a consultation with our DWI attorney in Amarillo.

Texas DWI Laws

In the state of Texas, DWI refers to the actions of operating a motor vehicle in a public place while intoxicated. The legal limit for intoxication is a blood alcohol concentration (BAC) level of 0.08% or higher for drivers aged 21 and over. For commercial drivers in the state, the limit is lower at 0.04%. For drivers under the age of 21, there is a zero-tolerance policy, meaning that any detectable BAC can lead to a DWI charge. If a BAC limit is 0.15% or higher, a driver could face enhanced penalties.

Is a DWI a Felony in Texas?

Under certain conditions, you may be charged with enhanced penalties and could be charged with a felony. These circumstances may include:

• If you were speeding
• Driving recklessly
• Have a prior DWI conviction on your record
• The injury of another
• The accidental death of an individual
• If you had a minor child in the car with you

Additionally, you may not refuse a blood/breathalyzer test as consent to submit yourself to these tests is automatically assured upon being issued a driver's license.

What are the DWI Penalties in Texas?

In Texas, the punishment for a DWI conviction depends on the number of prior offenses you have or have not had, as well as the circumstances surrounding the case.

Perhaps the biggest offender when it comes to slamming people wrongfully with DWI charges are misleading field sobriety tests. When a police officer tells you to stand on one foot for a while, walk a straight line, or poke at your own nose, they are supposed to be testing to see if you are intoxicated. In reality, they are only testing how well you perform strange feats under pressure. The entire process becomes subjective as the officer tries to figure out if you are swaying because you are drunk or because you are nervous, or naturally have bad balance. If their discretion is misjudged, as it often is, an otherwise innocent motorist can be arrested.

Possible punishment for Texas DWI convictions includes:

• First offense: a $2,000 fine and 3 days to six months in jail
• Second offense: a $4,000 fine and 30 days to 1 year in jail
• Third offense: a $10,000 fine and 2 to 10 years in jail

The second thing you need to watch out for are chemical tests – blood-, breath-, and urine-based tests usually done back at the station. Law enforcement in Texas sometimes swear by these complicated machines and how accurate they must be since a computer gets involved to measure your blood alcohol concentration (BAC) level. When was the last time you fully trusted a machine or computer, especially when something as important as someone’s freedom hangs in the balance? The truth is that the slightest mistake in calibration or sample handling can lead to inaccurate test results that may exaggerate the actual BAC.

Can You Get a DWI in Texas For Sleeping in Your Car?

For how often law enforcement tries to encourage responsible driving behavior and not getting behind the wheel after drinking, they rarely tell you an alternative. Many people believe they are being responsible by choosing to sleep off their buzz in their car until the morning, after hours of sleep, and maybe a bite to eat. As surprising as it may sound, you can still be cited for a DWI while dozing in a safely parked, unmoving vehicle, lying down in the backseat, and with the keys in the glove box.

DWI charges can be issued without a police officer actually seeing you driving behind the wheel. They just need a reasonable argument to believe you had been driving while intoxicated at some point in the night. Unfortunately, being in the backseat and asleep is still being quite close to the steering wheel, so they could argue that you had been driving only moments before they found you snoozing.

Contact a Skilled DWI Attorney in Amarillo Today

If you have been arrested for a DWI in Texas, even if it is your first offense, the consequences could be dire, including license suspension, jail time, and fines. You should defend yourself with an aggressive and experienced Amarillo DWI lawyer like Attorney D. Chris Hesse. As a former U.S. Marine, he is not afraid to take on the biggest oppositions out there and fight for your rights to the very end.

Contact the Law Offices of D. Chris Hesse today to start your defense with our Amarillo DWI lawyer.