An Experienced DWI Defense In Austin
Driving while intoxicated is a criminal offense that can carry serious legal consequences. To be guilty of driving while intoxicated, a person must “operate a motor vehicle” in a “public place” while “intoxicated.”
At Law Office of Alejandro Martinez, PLLC, we have extensive experience in defending clients charged with DWI by knowing what to look for. As a former prosecutor, Alejandro Martinez knows how the prosecution thinks and can help you obtain the best possible outcome in your case. When you are facing trouble, the Law Office of Alejandro Martinez, PLLC, can help.
DWI Charges And Penalties
The severity of a DWI charge depends upon the facts of the case, as well as whether or not the defendant has any prior DWI convictions. These various DWI charges are as follows:
- Class B Misdemeanor: having a blood alcohol concentration (BAC) of 0.08 or greater receives a Class B misdemeanor, which the penalty is up to 180 days in jail and/or a fine of up to $2,000.
- Class A Misdemeanor First and Second Offense: having a BAC 0.15 or greater receives a Class A misdemeanor and up to a year in jail and/or a fine of up to $4,000.
- 3rd Degree Felony – DWI Third Offense: A third DWI offense is considered a third-degree felony. The penalty for this is up to 10 years in prison and/or a fine of up to $10,000.
Fortunately, there are several ways to fight a DWI charge that an experienced DWI defense lawyer can utilize to potentially lessen the consequences or even avoid a conviction altogether. Not every approach will apply to every arrest, but an experienced DWI attorney will know how to use them, should they fit your specific situation.
- Unconstitutional traffic stop: For an officer to initiate a traffic stop, he must have reasonable suspicion that a traffic violation occurred.
- Non-standardized Field sobriety tests: There are three standardized field sobriety tests: Horizontal Gaze Nystagmus, the Walk-and-Turn, and the One-Leg Stand.
- Faulty or unreliable breath tests: Breath tests are one of the most common ways to measure a person’s blood alcohol concentration.
Protect Your License With A Dedicated Attorney
If you are facing trouble with DWI charges, Alejandro Martinez can help. We are here to answer your DWI questions and help you confront your DWI charges confidently. We will stop at nothing when we explore all possible defense options to your case. And if your driver’s license was suspended or revoked as a result of a DWI, we may be able to help you obtain an occupational driver’s license (ODL) so you can drive for work, school or to perform essential household duties.