Driving While Intoxicated

Being arrested and charged with DWI can be very intimidating.  And if you had anything to drink before the arrest, you might be wondering, “Why fight it?  I’m guilty.”  It may be hard to believe but Texas law permits adults to drink responsibly.  Whether you have a glass of wine with dinner at a restaurant, a beer with friends at a football game, or a drink at a business function, you are permitted to drive afterwards.  You only break the law when your driving is impaired by alcohol.

DWI, Boating While Intoxicated, and Flying While Intoxicated are serious offenses.  More so are offenses such as Intoxicated Assault and Intoxicated Manslaughter.  The State of Texas is serious about prosecuting intoxication-related offenses.  Consequences of a conviction can range from probation, if you are eligible, to a lengthy prison.  Additionally, you may face a driver’s license suspension and a hefty fine.  Depending on the type of job you have, it is possible that you might lose it (especially, if your job requires you to drive), your auto insurance rate may sky rocket, and could lose the ability to rent a car.

Lubbock Criminal Defense Attorney Cynthia Mendoza Can Help

Lubbock lawyer Cynthia Mendoza will help you navigate through your DWI or other intoxication-related charge.  Whether your Blood Alcohol Content (BAC) was above the legal limited or you failed a field sobriety test, she will carefully exam in the facts of your case and develop the best defense strategy for your case.  She will thoroughly study your case to identify any legal or factual issues that could positively impact your case.  For example, she will determine whether there was a legal basis for the stop, whether there was a legal basis for the arrest, whether the sobriety tests were administered correctly by law enforcement, and other issues that are particular to your case. Cynthia Mendoza is a DWI defense lawyer specialist.

What Are The Punishments/Penalties?

First DWI offense:  If your Blood Alcohol Content (BAC) is less than .15, you may be charged with a Class B misdemeanor with a range of punishment of 3 days to 180 days in the county jail.  You may also face a $2,000 fine and a driver’s license suspension.  This information applies to Flying While Intoxicated and Boating While Intoxicated as well

First DWI offense with a BAC of .15 or greater:  You may be charged with a Class A misdemeanor with the range of punishment increased to up to one year in the county jail.  Your driver’s license may be suspended and a fine of not more than $4,000 may be imposed.

Second DWI offense (including Flying While Intoxicated and Boating While Intoxicated):  In general, if you have previously been convicted of a DWI, FWI, or BWI you will be charged with a Class A misdemeanor with a punishment range of 30 days to 1 year in the county jail.  You may also be assessed a fine of not more than $4,000 and face a driver’s license suspension.

Third DWI offense (including Flying While Intoxicated and Boating While Intoxicated):  Generally, if you have previously been convicted of two or more DWIs, you may be charged with a 3rd degree felony which carries a range of punishment of 2 to years in state jail (a state run prison).  You may also be ordered to pay a fine not to exceed $10,000 and your driver’s license may be suspended.

DWI with a Child Passenger:  If you are arrested for DWI and there is a passenger under the age of 15 years in your vehicle, you may be charged with DWI with Child Passenger.  The range of punishment for this charge is 180 days to 2 years in state jail (a state run prison).  You may face of a fine of up to $10,000 and a suspension of your license.

Intoxication Assault:   Intoxication assault involves an accident where an individual suffered serious bodily injury to due to your intoxication.  The range of punishment for an Intoxication Assault charge, a third degree felony, is 2 to 10 years in prison.  A maximum fine up to $10,000 may also be imposed.  Under certain conditions, other penalties may apply.

Intoxication Manslaughter:  An Intoxication Manslaughter occurs when a death occurs in an accident and your intoxication was the result of the death.  Intoxication Manslaughter, which is a second degree felony, carries a range of punishment of 2 years to 20 years in prison.  You may also face a fine not to exceed $10,000.  In particular situations, other penalties may also apply.

Call Cynthia Mendoza To Discuss Your DWI Charge

Lubbock criminal defense attorney Cynthia Mendoza will help you with your DWI charge, whether it is a misdemeanor or felony.  Don’t delay, call the Office of Cynthia Mendoza today to schedule your free consultation or contact us with us with an online message.