Being Arrested in Denton County for DWI
People who have been charged in Denton County with a DWI learn very quickly how serious it is. Aside from how frightening this can be, not knowing the laws in this county regarding DWI makes the situation even worse. Being convicted of DWI can negatively impact your future in terms of employment, personal relationships, and social standing. Under the circumstances, you need the best possible defense. Dan Peugh: DWI & Criminal Defense Attorney, has the most experience in this area of the law in Texas and will work tirelessly to achieve the most favorable result in your case.
Therefore, the first thing you should do after being arrested is to give us a call or ask a family member to reach out to the Peugh Law Firm. We are available by phone or in-office consultation and we will explain your charge to you, what the possible punishments are, what defenses are might be available to you and what you can expect as your case moves through the Justice System . We have a very experienced legal team specializing in Texas DWI cases, which means you can have confidence in our ability to achieve the best possible solution.
Call Us ASAP to Avoid Having Your Driver’s License Suspended
If you refused or failed a blood alcohol test when you were arrested, Texas law requires you to request your DPS hearing within 15 days. If you fail to do so, your license will automatically be suspended on the 40th day after your refusal or failure. We ask for a DPS hearing on every DWI case we take, and this can delay or even prevent the suspension. But if DPS does suspend your license, we can get an occupational driver’s license for you. This way you could at least drive to and from work and runyou’re your necessary errands.
Probable Cause in Texas for a DWI Arrest
A police officer in Texas must have a valid legal reason before pulling a driver over to question them. There are any number of things that could be considered a valid legal reason. The police may have received a phone tip from another driver, seen the driver violate a traffic law, or he/she could invoke the community caretaking doctrine that allows them to check on someone.
Once the officer speaks with the driver, he/she will often claim that he/she could smell alcohol on their breath, which would justify investigating further. That’s when the officer will start collecting evidence to support probable cause for making the arrest. Although “probable cause” is not legally defined in Texas, it is generally considered to be a set of facts and/or particular circumstances that would cause a reasonable person to think that a crime has already been committed or is about to be.
A couple of the questions that an officer might ask the driver would be:
Have you consumed any alcohol?
Where are you coming from?
Our advice is for the driver not to answer any questions, unless they have not been drinking and have not come from a bar. We do not want you to lie, but to tell the officer that on the advice of your attorney you are not answering any questions. If you admit to anything and your case goes to trial, any admissions you make can be held against you.
The officer will likely ask you to get out of the car, so that they can observe your movements and reactions. They may also ask that you submit to Field Sobriety Testing.
As experienced DWI attorneys, we advise against taking Field Sobriety Tests. These tests, their administration and their scoring have proven to be flawed and even though the results may be inaccurate, they can and will be used against you.
The police will likely also request that you blow into a breathalyzer to determine your blood alcohol content, or to perhaps allow him/her to take a blood sample from you for testing. These tests may also be flawed and produce an inaccurate result. However, they will still be held against you at trial.
How Long Does a DWI Conviction Remain On a Person’s Record?
If you are convicted of a DWI in Texas it will leave a permanent mark on your record with the authorities, which makes it very serious. If decades later you are arrested for another DWI it will be your second. And a third DWI, anytime in your life, would be a felony conviction, no matter how much time passed between convictions.
Being arrested for a DWI is extremely stressful since they are often life-altering. A DWI can impact future job prospects, personal relationships, and finances. For those and other reasons, it’s vital that you have a highly experienced legal team representing you. You need a lawyer who will fight to get your charges dismissed or reduced and if you do go to trial, fight for you to be fully exonerated.
How Can They Prove a DWI?
The Texas Penal Code for DWI is 49.04, which states: A person has committed an offense if they are in a public place operating a motor vehicle while intoxicated. The prosecutor must prove beyond a reasonable doubt that the driver meets all of these criteria for the DWI to be proven.
Help is Available for Those Arrested in Denton County, TX for a DWI
If you are arrested in Denton County, TX for a DWI you would be wise to place an immediate call to Dan K. Peugh: DWI & Criminal Defense Attorney. Your entire life can be turned upside down, not to mention the impact a DWI conviction would have on your future. We have an experienced legal team available who can get busy gathering the necessary information and immediately begin working on your behalf.
We offer a free consultation to evaluate your case, answer questions and propose legal strategies. Our first task is to schedule a hearing with the DPS to hopefully prevent your driver’s license from being suspended. From there, we will continually provide you with the legal expertise you need to achieve the best possible outcome.