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When driving on Texas highways, you can find signs that read “DWI It’s Not Possible To Pay it.” The truth is that If you are convicted, the first-time DWI violation can result in as much as $2,000 in fines and could lead to 6 months of jail, suspension of your driver’s license and other penalties. The penalties are significantly higher when repeat offenders are involved. It is no secret that the MADD group and legislators from the Texas legislature are searching for drunk driving by casting an extensive web. We are seeing no Refusal weekends and DWI arrests increasing because law enforcement agencies have enacted procedures for mandatory blood tests to determine if a driver is intoxicated. With the assistance of skilled Fort Worth DWI legal counsel, they may help you to reduce or eliminate the penalties.
Convicted of Driving While Intoxicated within Tarrant County?
We are Barnett Howard & Williams PLLC we have extensive experience with driving while intoxicated (DWI) situations. The attorneys at our Fort Worth DWI attorneys are also ex-DWI prosecutors and legal instructors at a police academy. That is to say. We are experts in prosecutor and police tactics. Strategies. This enables us to argue against the evidence and defend you throughout the legal process, from negotiations to trial.
Tarrant County DWI instances are a possibility to win in court. The field tests for sobriety administered by police officers may only be somewhat reliable, particularly when combined with other factors like fatigue and other possible explanations for intoxication. In addition, police officers only sometimes administer tests in a manner following the manual. There could be problems with blood or breath test results.
Don’t plead guilty to the DWI charge. Our Fort Worth criminal defence attorneys look over the footage from the police and reports from the cops to determine what areas ought to be investigated. We have Fort Worth DWI specialists who can fight the DWI conviction in Tarrant County.
DWI Laws in Texas | Fort Worth DWI Attorneys
Texas is a state that is highly conservative regarding the laws governing driving under the influence (DWI) and the penalties associated with infractions of the rules. The statutes are pretty clear on the essential aspects of the DWI offence, which is covered under 49.04.
The state has to prove that the individual was:
- driving a motor vehicle
- in a public space;
- While drunk.
“Operating an automobile” has been broadly interpreted by Texas appellate and criminal trial courts. Several rulings by the Texas Court of Criminal Appeals allow this aspect to be proven without evidence in the driver’s seat. In some instances, we at our Fort Worth DWI defence firm will contest the state’s definition of “operation” and convince jurors that the evidence isn’t sufficient to establish that “operation” was performed.
A “public space” is any location to which the general public or a substantial segment of the public has access. Read The Penal Code 1.07(40). This includes parking areas as well as roads.
In most cases, the consideration in an intoxicated driving situation will be “intoxication.” Intoxication is a state-wide issue. Can establish intoxication through:
- Inability to use the normal range of mental faculties
- The loss of normal functioning of physical faculties
- Blood alcohol concentration >.08 or
- The concentration of alcohol in the breath >.08
The Fort Worth DWI attorneys at Barnett Howard & Williams PLLC have been trained in DWI detection methods and procedures. They can also contest officer testimony by using their instruction guides.
Standardized Field Sobriety Testing Tarrant County Lawyers for DWI
To determine the loss of normal physical or mental faculties, law enforcement officers use tests for field sobriety (FSTs) to discover evidence of alcohol. Check out the NHTSA Website for more information.
The test includes the vertical gaze nystagmus tests, walking and turning trials, and one leg standing test.
The tests are entirely voluntary. It is not necessary to perform them if you opt to avoid them. Like the majority of DWI investigations, police departments have devised ways to assist in the collection of evidence for DWI cases. However, they require voluntary participation by the defendant. Without these, establishing DWI cases beyond a reasonable doubt is much more challenging. The 5th amendment gives us our right to silence. Remember that whatever you do or say in these circumstances could be used against you in court. The NHTSA Manual stipulates that SFSTs could be harmed when one test component is not administered correctly. We, Tarrant County DWI attorneys, know how to contest the field tests for sobriety in court.
Horizontal Gaze Nystagmus Test (HGN)
The horizontal gaze Nystagmus (HGN) examination is among three tests typically performed by the police officer. A few studies have shown that HGN could result from the introduction of alcohol or certain substances in the human body. The HGN test is intended to inform the police officer whether the involuntary movement of the eyeballs that occurs due to HGN is observed in someone suspected of DWI.
Three movements are performed on both eyes when you take the field sobriety tests for HGN. They test specifically for:
- A lack of smooth and smooth pursuit
- Continuous nystagmus with maximum deviation and
- The onset of nystagmus occurs before 45 °.
Since they make these three manipulatives to each eyeball, there is a chance of six clues in an HGN test. Most DUI lawyers know that HGN evidence can confuse jurors and is generally ineffective for the state when proving the case.
DWI videos are the Most Effective Evidence in the case of a Tarrant County DWI Case
It is no secret the fact that ours is a media-driven world. Technology has made its way onto the scene of law enforcement. Video evidence is becoming more advanced and accessible to police officers. Typically, every DWI instance will include inside-car dash-cam footage of the stop, bodycam footage of the interaction, and any subsequent investigation that takes place on the road. Many patrol cars are equipped with video cameras mounted on the back of the patrol vehicles that capture the accused’s journey from the location of the incident to the station of police or the jail. Additionally, there can be video footage of the breathalyzer test and blood draw process and any post-arrest interview.
Where can I take the DWI Education Program Course in Tarrant County?
In the case of a DWI probation within Tarrant County, the judge will order that the defendant take a DWI Education Class. The Fort Worth DWI Attorneys are often asked to suggest the best places to take DWI Ed. We’ve compiled an extensive list of locations that provide DWI Education classes. DWI Education program and included them on our DWI Education Class webpage.
What exactly is Tarrant County Felony Alcohol Intervention Program (FAIP)?
FAIP can be described as a programme offered in Tarrant County designed for felony repeat DWI offenders with an alcohol-related history. FAIP is a challenging process. However, it could allow someone to save a lengthy prison sentence in lieu. For more information on this program, visit our FAIP webpage. Tarrant County FAIP Program, visit our FAIP page.
How do I apply for the Tarrant County DWI Court Program?
DWI Court is a new program that started in March 2016. Judge Deborah Nekhom runs it in County Criminal Court 4. It is a rigorous program like FAIP for high-risk or middle-need high-risk DWI offenders. Find out about the DWI Court program.
Free Consultation with Expert Tarrant County, Fort Worth DWI Attorneys
If you are in the unfortunate circumstance you are charged with any DWI offence, Please do not hesitate to contact us as soon as possible. The Fort Worth DWI lawyers are available 24 hours and 7 days a week. We’d be happy to speak with you over the phone or set up an appointment at no cost at any of our locations across the Dallas-Fort Worth area.
Many lawyers advertise themselves as locally-based Board Certified Fort Worth DWI Attorneys. We’re local and have offices in downtown Fort Worth, Keller, and Denton. The DWI defence package comprises trial, pretrial, ALR suspensions/hearings and occupational license filings and hearings. Due to the complexities of DWI cases, it is essential to find an attorney who will be available at all times.
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