Round Rock DWI Lawyer

DWI Laws in Texas

Under the Texas DWI law, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. However, you can be arrested for DWI even with a lower BAC if your driving ability is impaired by alcohol or drugs.

Types of DWI in Texas

Alcohol-Related DWI

Operating a vehicle with a BAC of 0.08% or higher.

Drug-Infused DWI:

Driving under the influence of illegal drugs, prescription medication, or over-the-counter drugs that impair mental or physical abilities.

Underage DWI (DUI)

Drivers under 21 caught with any detectable amount of alcohol in their system, following Texas' Zero Tolerance Law.

DWI with Child Passenger

Driving while intoxicated with a child under 15 years old in the vehicle, resulting in a State Jail Felony.

Commercial Driver’s DWI

Operating a commercial vehicle with a BAC of 0.04% or higher, leading to license suspension and job loss.

Intoxication Assault

Causing serious bodily injury to another person while driving intoxicated.

Intoxication Manslaughter

Causing the death of another person due to intoxicated driving.

Multiple DWI

Repeat offenses that result in enhanced penalties, including longer jail sentences and higher fines.

Felony DWI

Charged when aggravating factors are present, such as multiple offenses, accidents causing injury or death, or driving with a child passenger.

Unique Texas-Specific DWI Laws

Texas also has some unique DWI laws:

Zero Tolerance for Minors

Drivers under 21 years old can be charged with DUI (Driving Under the Influence) if any detectable amount of alcohol is found in their system.

Open Container Law

It is illegal to possess an open container of alcohol in the passenger area of a vehicle, even if you are not intoxicated.

Implied Consent Law

By obtaining a Texas driver's license, you automatically consent to a chemical test if suspected of DWI. Refusal to take the test results in license suspension.

DWI vs. DUI

In Texas, DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are separate offenses:

DWI

Applies to adults aged 21 and older with a BAC of 0.08% or higher or if driving is impaired due to alcohol or drugs.

DUI

Applies to minors under 21 years old with any detectable amount of alcohol in their system. Zero tolerance is enforced, and penalties are generally less severe than for DWI.

Penalties for DWI in Texas

The penalties for DWI depend on the number of prior offenses, BAC level, and whether any aggravating factors were involved.

Enhanced Penalties for DWI

Certain circumstances can result in enhanced penalties for DWI in Texas, including:

BAC of 0.15% or Higher

Leads to Class A Misdemeanor charges, with up to 1 year in jail and higher fines.

DWI with Child Passenger

Driving while intoxicated with a child under 15 years old is a State Jail Felony, resulting in up to 2 years in state jail.

Intoxication Assault

Causing serious bodily injury while driving intoxicated, charged as a Third-Degree Felony.

Intoxication Manslaughter

Causing death due to intoxicated driving, charged as a Second-Degree Felony with 2 to 20 years in prison.

Number of Offenses

Repeat offenses lead to harsher penalties, including longer jail sentences and higher fines.

Texas' Pre-Trial Intervention Program

Texas offers a Pre-Trial Intervention Program for eligible first-time DWI offenders, which may result in:

• Dismissal of charges upon successful completion.
• Avoiding a permanent criminal record.
• Mandatory counseling, community service, and alcohol education classes.

This program is not available to repeat offenders or cases involving aggravating factors like accidents or high BAC levels. Attorney Ryan H. Deck can help determine your eligibility for this program.

What To Do If You're Pulled Over for a DWI

You need to understand that Driving While Intoxicated (DWI) is a very serious offense, and law enforcement treats it that way. When you've been pulled over and the officer suspects you've been drinking:

1. Identify Yourself

The only thing you must do is identify yourself (and let the officer see your driver's license) and exit the vehicle when asked.

2. Take the BAC Test

Although you can refuse to take a breathalyzer test (to “blow”), you should submit to a breathalyzer test. Failing to be subject to a chemical test could lead to additional penalties, including excessive legal fines and an automatic driver's license suspension.

3. Don't Take Field Sobriety Tests

You do NOT have to take the standardized field sobriety tests (SFSTs). Other than that, you can deny all field sobriety tests and refuse to answer any questions, especially if you have bad balance or coordination. But it's important to know that if you deny the SFSTs, you are definitely going to be arrested.

4. Be Respectful

Don't try to be funny or cute. Respect the officer, but also be firm in asserting your rights.

5. Be Clear and Confident With Your Answers

If you decide to answer the officer's questions, be clear and confident with your answers. When you're being pulled over and wait for them to approach your vehicle, go over in your head where you've been, where you're going, and what you've been doing that day/night because you will most likely be asked those questions.

6. Don't Incriminate Yourself Any Further

The officer will also likely ask you how much you've had to drink. If you've had more than a couple, you may want to politely tell the officer that you'll only answer his questions with your DWI attorney present. The officer will try to talk you out of it, but stay firm in asserting your rights.

Defense Strategies Against DWI Charges in Round Rock

Building a strong defense against DWI charges in Williamson County requires a strategic approach tailored to each case. Ryan H. Deck uses aggressive legal tactics to challenge the evidence, arrest procedures, and validity of chemical tests to protect his clients’ rights and pursue the best possible outcome.

Challenging BAC Results

Breathalyzers and blood tests can be inaccurate due to improper calibration, faulty devices, or improper administration. We challenge the reliability of BAC evidence to weaken the prosecution's case.

Questioning Field Sobriety Tests

Field sobriety tests are subjective and can be affected by medical conditions, poor weather, or nervousness. We challenge the accuracy and administration of these tests to cast doubt on the arrest's validity.

Illegal Traffic Stop

Law enforcement must have reasonable suspicion to make a traffic stop. If the stop was unlawful, any evidence obtained can be suppressed, weakening the prosecution's case.

Rising BAC Defense

BAC levels can rise over time, meaning the BAC at the time of testing may be higher than when driving. We argue that the BAC was below the legal limit when the vehicle was operated.

Medical Conditions and Medications

Conditions like diabetes, GERD, or certain prescription drugs can mimic signs of intoxication or produce false positives on breath tests. We provide medical evidence to support alternative explanations.

Faulty Breathalyzer Device

Breathalyzer devices require proper calibration and maintenance. We investigate device records and officer training to challenge the accuracy of the BAC results.

Improper Arrest Procedures

We argue for evidence suppression if the officer did not follow legal procedures, such as failing to read Miranda Rights or improperly administering tests.

No Proof of Driving

If there is no direct evidence of the defendant driving, such as being found asleep in a parked car, we argue that the prosecution cannot prove the operation.

Mistaken Identity or Inaccurate Witness Statements

Eyewitness accounts can be unreliable or biased. We cross-examine witnesses to expose inconsistencies and create reasonable doubt.

Plea Bargaining and Charge Reductions

When appropriate, we negotiate for reduced charges or alternative sentencing options, such as probation or community service, to minimize penalties.