In the state of Texas, it is illegal to drive or exercise control over a motor vehicle while your blood alcohol content (BAC) is 0.08% or higher. If your BAC is found to be at this level while operating a motor vehicle, then you can be convicted of driving while intoxicated (DWI). This is a serious offense as it can carry severe penalties.. A first conviction of drunk driving, carries a minimum three day confinement,  which increases to six days if an open container is proven n your vehicle at the time of your arrest.

You could also face penalties such as fines, driver's license suspension, and ignition interlock device (IID) installation. An IID acts like a breathalyzer and will not allow your vehicle to start if it detects alcohol in your system. 

It is important to recognize that other penalties can accompany your sentence, especially if you are under 21 or have multiple DWI convictions.

There are ways to defend against DWI charges, including those that include breath and blood tests. We first contest your license suspension to ensure that you can drive legally without the fear of another arrest. We will also help you fight the charges, since a DWI conviction has long-term consequences that include license suspension and jail time. Then, we take the time necessary to gather all the facts and advise you of your rights and defense options. 

The first question is whether the police had probable cause to pull you over. Unless the officer observed you committing a traffic offense, we may have grounds to suppress any evidence of your alleged intoxication.

Officers usually ask the driver to perform field-sobriety tests. Although you can refuse these tests, most people attempt them in order to avoid going to jail. The problem is that these tests are quite difficult.  Even a sober person can look drunk when trying to balance on one leg in a nerve-wracking environment.But even if you look bad on the video tape of the tests, the State still has the burden of proof to show that you lost the normal use of your mental and physical faculties. 

The Law Office of Brent R. Hardy has been defending the criminally accused residents of South Texas for almost 20 years, with a rich history of success. If you have been arrested and charged with the crime of DWI, then you need skilled representation to aggressively defend your rights. This attorney handles each case with the care and attention that it deserves. If you choose to work with him, then you can be sure that you will receive the representation that you need for your situation.  Call us at (210) 415-6662 to discuss your case.