DWI Defense Attorney in Killeen

A person may be charged with DWI if they are operating a motor vehicle and their blood alcohol concentration (BAC) is above a legally established level.

In Texas, a person may be charged with DWI if their BAC is above:

• 0.08% if the person is 21 years of age or older
• 0.04% if the person is operating a commercial vehicle
• 0.02% if the person is under 21 years of age

Other factors, such as the person's driving behavior and the officer's observations, may be used to determine whether the person was intoxicated.

Penalties for DWI in Texas

In Texas, if you are the driver or passenger, you can be fined up to $500 for simply having an open container of alcohol in a vehicle. If you are stopped for DWI, the penalties are even more serious.

If you refuse to take a blood or breath test, your driver’s license will be suspended for 180 days. The penalties for DWI are different depending on your number of convictions:

First DWI Offense: What to Expect

• A fine up to $2,000.
• 3 - 180 days in jail.
• Driver’s license suspension for up to a year.
• An annual fee of $1,000 - $2,000 for 3 years to retain your driver’s license.

Second DWI Offense: Increased Consequences

• A fine up to $4,000.
• 1 month to a year in jail.
• Driver’s license suspension for up to 2 years.
• An annual fee of $1,000; $1,500; or $2,000 for 3 years to retain your driver’s license.

If you get two or more convictions within 5 years, you are required to install an ignition interlock which prevents drivers from operating the vehicle while impaired by alcohol. You must blow into the device and if your breath alcohol level exceeds the accepted level, the vehicle will not start.

Long-Term Effects of a DWI Conviction

Being convicted of a DWI (Driving While Intoxicated) offense can have serious and long-lasting consequences. It can result in fines, license suspension, increased insurance premiums, and even jail time. In addition to the legal penalties, a DWI conviction can also impact your personal and professional life, including your job prospects and reputation.

It is important to understand the potential consequences of a DWI conviction and the importance of seeking legal representation to defend against these charges. Our experienced DWI defense attorneys at the Law Office of Brett H. Pritchard can provide you with the guidance and support you need to navigate through the legal process and work towards a favorable outcome.

Don't take chances with your future - contact us today for a confidential consultation to discuss your DWI case and learn about your legal options.

What are the Best Legal Defenses to a DWI Charge in Killeen?

In Killeen, Texas, a DWI conviction can have serious consequences, including fines, license suspension, and even jail time. However, there are several legal defenses you can use to challenge a DWI charge. At the Law Office of Brett H. Pritchard, we can determine which of these defenses are applicable to your case and advocate aggressively on your behalf.

Here are some of the most effective legal defenses to a DWI charge in Texas.

Illegal Traffic Stop

One of the most common defenses in Texas DWI cases is challenging the legality of the traffic stop. Law enforcement officers must have reasonable suspicion to pull over a driver. If the officer did not have a valid reason for the stop, any evidence obtained during the stop may be inadmissible in court. We can argue that the stop violated the Fourth Amendment, which protects against unlawful searches and seizures.

Faulty Field Sobriety Tests

Field sobriety tests, such as the walk-and-turn or one-leg-stand, are often used by officers to determine impairment. These tests, however, are highly subjective and can be affected by weather, road conditions, medical conditions, or nervousness. We may be able to challenge the accuracy and administration of these tests, arguing that they do not reliably prove intoxication.

Inaccurate Breathalyzer or Blood Test Results

Breathalyzer and blood tests are commonly used to measure a driver’s blood alcohol content (BAC). These tests can be inaccurate if the equipment is improperly calibrated, not maintained, or administered incorrectly. Additionally, certain medical conditions, medications, or even diet can affect the results. We may be able to question the reliability of these tests, which can weaken the prosecution’s case.

Rising Blood Alcohol Defense

Some individuals may have consumed alcohol shortly before driving, and their BAC may have been below the legal limit while driving but rose above the limit when tested later. This defense, known as the “rising blood alcohol” defense, can help show that you were not legally intoxicated at the time of operating the vehicle.

Lack of Evidence

Texas law requires the prosecution to prove beyond a reasonable doubt that the driver was intoxicated while operating a vehicle. If there is insufficient evidence, such as missing or incomplete documentation, improperly collected samples, or conflicting witness statements, we can argue that the state has not met its burden of proof.

Medical or Emergency Situations

In some cases, a DWI defense may include evidence that the driver’s actions were necessary due to a medical emergency or other urgent circumstance. For example, someone driving to a hospital during a medical crisis may be able to argue that the situation justified their actions.

Overall, the best defenses against a DWI in Texas often depend on the specific facts of the case. At the Law Office of Brett H. Pritchard, our skilled DWI defense attorney in Killeen can carefully analyze police reports, test results, and other evidence to identify weaknesses in the prosecution’s case. Using one or more of these defenses may lead to reduced charges, alternative sentencing, or even a dismissal, protecting your rights and future.