Texas DWI Lawyer

Ready to Protect Your Rights

People arrested and charged with driving while intoxicated may feel overwhelmed by anxiety and confusion. These emotions are understandable because there are potentially serious consequences for a conviction. However, a prosecutor must prove the elements of the charge beyond a reasonable doubt, and there may be many different ways for an experienced DWI attorney to fight drunk driving charges, including asserting a driver’s constitutional rights, seeking to suppress evidence, and poking holes in the prosecution's case. If you are charged with driving while intoxicated in Plano or the surrounding area, DWI lawyer Troy P. Burleson is ready to mount an aggressive defense on your behalf. He has guided clients through over 350 DWI trials, relying on over a decade of experience to protect their rights at each stage of the process.

Defending Against Driving While Intoxicated Charges in Texas

Driving while intoxicated is prohibited in Texas. You are considered to be driving while intoxicated if your blood alcohol content (BAC) is .08% or more. However, there is no set number of drinks that results in a .08% BAC. Whether you are intoxicated by one drink or three depends on factors such as gender, body weight, and the amount of food that you consumed before drinking. Even if your BAC is lower than .08%, moreover, you still may be charged for being intoxicated while driving if the officer believes that your driving was impaired by alcohol.

A potential sentence for a DWI conviction depends partly on how many convictions you have already received. For a first offense, you may be incarcerated in jail for three to 180 days, be fined a maximum of $2,000, lose your driver's license for a year, and be subjected to an annual fee of up to $2,000 for three years in order to keep your driver's license. If you have multiple convictions on your criminal record, you may face greater penalties. For example, for a third offense, you may be incarcerated in prison for two to 10 years, lose your driver's license for up to two years, and pay up to $2,000 for three years to keep your license. If you have two or more DWI convictions in five years, you will be required to install an ignition interlock device, which requires you to breathe into the device and will not allow you to operate your car if you have been drinking. If a passenger under 15 years old is in a car that you are operating while you are intoxicated, you may be incarcerated for up to two years in state jail, lose your driver's license, and be fined a maximum of $10,000.

Plano DWI lawyer Troy Burleson's first goal if you have been charged is to try to secure a dismissal of the DWI charges. The police must follow certain rules when they stop you or arrest you, and the lab must take certain steps in processing or evaluating a sample for testing your BAC. For example, an officer must have a reasonable suspicion in order to pull you over while you are driving. A reasonable suspicion must be something more than a hunch. It exists if the officer has enough information to believe that criminal activity is underway and can articulate his or her reasons to justify the stop. For example, an officer might have a reasonable suspicion if a driver is swerving, drifting into another lane, or excessively speeding. However, in other cases, an officer's cited reason for the stop may be insufficient or overly ambiguous to support a finding of reasonable suspicion.

An officer must meet the even higher standard of probable cause to arrest you for driving while intoxicated. There is probable cause to arrest a driver if the police have enough trustworthy facts to show that he or she was driving while intoxicated. If you have a BAC that is more than the limit of .08%, for example, the police officer has probable cause to arrest you. Sometimes, however, the police try to get probable cause for an arrest by administering a field sobriety test to someone who has refused a Breathalyzer test. If these tests are not conducted properly, it may be possible to get the results suppressed. In other situations, moreover, a Breathalyzer may not be working properly, or a suspect may have a medical condition that skews the results. Troy P. Burleson can examine all of the nuances of your situation and develop a sound strategy to fight the charges.

Consult an Aggressive Plano DWI Lawyer to Fight Drunk Driving Charges

A criminal record can harm your reputation, making it difficult or impossible to get a job, find a new home, or obtain a professional license. Each conviction comes with increasingly harsh penalties. Therefore, it is critical to retain an experienced DWI attorney from the start. At the Law Office of Troy P. Burleson, we can help people charged with driving while intoxicated throughout the Plano area. DWI attorney Troy P. Burleson also represents drivers in Dallas, Allen, and Richardson, among other Texas cities. Contact us online or call us at (469) 619-3800 to set up a free appointment.

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