Lubbock County DWI Defense Lawyer

Defending Against DWI Defense Charges in Texas

Being pulled over and charged with a DWI can be a frightening and overwhelming experience, especially if you have never been arrested before. At Cofer & Connelly, PLLC, our Lubbock County DWI defense attorneys understand the stress that you are under and are here to help. We have the knowledge, skill, and experience to guide you through the legal process and fight for a favorable outcome on your behalf.

Get in touch with us today at (806) 298-6518 to schedule your free consultation with our DWI attorney in Lubbock County and find out what we can do for you.

What Are the Penalties for a DWI in Texas?

The penalties for a DWI conviction in Texas depend on the number of prior convictions you have. If you have been arrested for DWI before, you will likely face more severe penalties. Even a first-time DWI conviction can result in significant consequences.

The penalties for a DWI conviction in Texas include:

First Offense: Up to $2,000 in fines, 3 to 180 days in jail, up to 1 year of license suspension, and an annual surcharge of $1,000 to $2,000 for 3 years to retain your driving privileges
Second Offense: Up to $4,000 in fines, 1 month to 1 year in jail, up to 2 years of license suspension, and an annual surcharge of $1,000, $1,500, or $2,000 for 3 years to retain your driving privileges
Third Offense: Up to $10,000 in fines, 2 to 10 years in jail, up to 2 years of license suspension, and an annual surcharge of $1,000, $1,500, or $2,000 for 3 years to retain your driving privileges

In addition to the above criminal penalties, you will also have a permanent criminal record if you are convicted of a DWI in Texas. This can make it difficult to obtain gainful employment, find housing, and secure loans in the future.

How Long Will a DWI Stay on My Record in Texas?

If you are convicted of a DWI in Texas, it will stay on your criminal record forever. This means that potential employers, landlords, and others will be able to see your conviction, which can impact your future opportunities.

Can a DWI Be Dropped to Reckless Driving?

In some cases, it may be possible to have your DWI charges reduced to reckless driving. This can help you avoid some of the more serious consequences of a DWI conviction. However, this is not a guaranteed outcome and will depend on the specific circumstances of your case.

To have your DWI charges reduced to reckless driving, you will need to show that:

You were not driving while impaired
You did not have a blood alcohol concentration (BAC) of 0.08% or higher
Your driving did not pose a danger to others on the road

If your DWI charges are reduced to reckless driving, you may still face criminal penalties, but they will be less severe. You will also have a permanent criminal record, but you may be able to apply for an order of non-disclosure after 10 years to have the conviction hidden from the public.

How Can a DWI Defense Attorney in Lubbock County Help Me?

At Cofer & Connelly, PLLC, our Lubbock County DWI defense lawyers can help you understand the charges you are facing and the potential consequences of a conviction. We can then help you build a strong defense strategy to protect your rights and fight for a favorable outcome.

There are several defenses that we may be able to use on your behalf, including:

Challenging the legality of your traffic stop
Arguing that the arresting officer did not have probable cause
Challenging the validity of your field sobriety test
Arguing that the breathalyzer or blood test results were inaccurate
Challenging the chain of custody of your blood sample
Arguing that the blood sample was contaminated
Showing that the arresting officer failed to read you your Miranda rights

Our team is not afraid to take on tough cases, and we have a proven track record of success. We will do everything we can to help you get your charges reduced or even dismissed entirely. When you choose us to represent you, you can trust that your case is in good hands.

Understanding DUI & DWI Laws in Lubbock

Lubbock, like the rest of Texas, follows strict laws when it comes to DUIs and DWIs. Understanding these laws is crucial for any resident or visitor. In Texas, a driver is considered legally intoxicated when their blood alcohol concentration (BAC) is 0.08% or higher. However, drivers can be charged with a DWI even below this limit if they show visible signs of impairment. It's important to note that Texas also has a Zero Tolerance Law, which means drivers under the age of 21 cannot have any detectable amount of alcohol in their system.

In Lubbock, enforcement can be rigorous due to the city’s high traffic of college students and tourists, making understanding these regulations essential. Being informed about local checkpoints and patrols can also help in navigating through Lubbock’s traffic safely and legally. Our role extends to keeping you informed and equipped to adhere to these regulations to prevent infractions before they occur.

The Role of Sobriety Checkpoints in Lubbock

Although Texas does not allow traditional sobriety checkpoints due to its state constitution, law enforcement in Lubbock employs other methods for monitoring driving behavior that could indicate impairment. These methods include roving patrols and saturation patrols focusing on specific areas or events known for higher incidences of drinking and driving, such as those in entertainment districts or around major local events.

For individuals residing in or traveling through Lubbock, understanding these enforcement strategies is critical. This not only helps in adhering to the laws but also in being prepared for situations where your driving might come under scrutiny. Cofer & Connelly, PLLC provides guidance on these local practices, and we can assist in situations where the legality of such roadblocks or patrols is in question.

FAQs About DWI Laws

What Should I Do if I'm Pulled Over for a DWI?

If you're pulled over under suspicion of a DWI in Lubbock, it's important to stay calm and composed. You should comply with the officer's requests for documentation, such as your driver's license and proof of insurance. Politely decline to answer questions beyond your identification without legal representation. You are also within your rights to refuse field sobriety tests, though refusal can lead to arrest and affect your defense strategy. Remember, it’s critical to contact a capable DWI defense attorney, like those at Cofer & Connelly, PLLC, as soon as possible to ensure your rights are protected throughout the process.

Can I Refuse a Breathalyzer Test in Texas?

In Texas, you have the right to refuse a breathalyzer test; however, it comes with consequences due to implied consent laws. Refusal can result in the automatic suspension of your driver's license, typically lasting 180 days for a first refusal. It's important to weigh the short-term penalties against the potential for a stronger defense strategy. If you have refused the test, contacting an attorney immediately is crucial to developing a tailored defense strategy and negotiating possible outcomes.

How Does a DWI Affect My Insurance?

A DWI conviction in Lubbock can significantly impact your insurance plans. It’s likely that your rates will increase, sometimes substantially, due to the added risk posed by a DWI on your record. Additionally, you might be required to submit an SR-22 form, which certifies you have the minimum insurance coverage required by law. An attorney can discuss these potential impacts and guide you to adjust your plans following a DWI conviction.

Call us today at (806) 298-6518 or online to schedule your free initial consultation with our Lubbock County DWI defense attorneys.

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