DWI Lawyer in Tomball, Texas
If you’ve been arrested for DWI in Tomball, Texas, securing the right legal representation is essential. The Fowles Law Firm focuses on defending clients charged with driving while intoxicated (DWI) offenses. With years of experience in the legal field, our dedicated Tomball DWI lawyers will work tirelessly to protect your rights and ensure you receive a fair trial. Whether it’s your first offense or a repeat violation, our team is equipped to help you navigate the complex legal process and fight for the best possible outcome in your case.
Call For Free Consultation: (713) 332-6814
Understanding DWI Charges in Texas: A Guide from The Fowles Law Firm's DWI Lawyer
If you’ve been charged with a DWI (Driving While Intoxicated) in Texas, it’s essential to understand the implications of such charges, as well as how the law works in the state. A DWI charge in Texas is a serious matter that can affect your freedom, finances, and future.
What is a DWI in Texas?
In Texas, DWI (Driving While Intoxicated) is a serious criminal offense. It refers to operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. A DWI charge can result from alcohol consumption, but it also applies if you are under the influence of drugs or any controlled substance that impairs your ability to drive safely. Understanding your rights and working with our skilled DWI attorneys in Tomball is essential for building a strong defense.
DWI vs. DUI
- DWI (Driving While Intoxicated): Applies to adults driving under the influence of alcohol or drugs.
- DUI (Driving Under the Influence): Refers to minors under 21 with any detectable alcohol in their system.
Legal BAC Limits
- For adults, the legal BAC limit is 0.08%.
- Commercial drivers: 0.04%
- Under 21: Any detectable alcohol results in a DUI charge.
Are You Searching for a Trusted “DWI Lawyer Near Me?”
When it comes to DWI charges, having our experienced lawyers by your side can make all the difference. Our Tomball DWI attorneys will assess the circumstances surrounding your arrest, identify any weaknesses in the prosecution’s case, and develop a strong defense strategy to challenge the charges.
Here’s how our DWI lawyers can assist you:
- Case Evaluation: Our DWI lawyers will thoroughly investigate your arrest, review police reports, and analyze field sobriety test results and breathalyzer results.
- Legal Defense: Our attorneys can challenge the legality of the stop, the procedures of the arrest, and the validity of the evidence against you.
- Negotiations: Our skilled lawyers will negotiate on your behalf for reduced penalties or alternative sentencing, such as a plea deal, diversion programs, or probation.
- Court Representation: If your case goes to trial, our attorneys will represent you in court, advocating for your best interests.
Choose Our Top-Rated Tomball Lawyer
Why Choose The Fowles Law Firm as Your Tomball DWI Attorney?
Choosing the right DWI attorneys is essential. The Fowles Law Firm offers experienced, personalized, and strong defense to protect your rights. Here’s why you should choose us:
- Experienced Legal Team: Our lawyers concentrate on DWI defense and have a thorough understanding of Texas laws.
- Tailored Approach: Our attorneys customize defense strategies to fit your unique situation.
- Proven Success: We have a history of favorable outcomes and reduced penalties for our clients.
- Strong Defense: Our attorneys challenge the evidence and work tirelessly to defend your case.
Common Defenses Against DWI Charges in Tomball: How Our DWI Lawyers Can Defend You
There are several defenses that may be available to you if you’ve been charged with DWI in Tomball, Texas. These defenses may include:
- Improper Traffic Stop: If law enforcement did not have reasonable suspicion or probable cause to pull you over, any evidence obtained during the stop may be inadmissible in court.
- Faulty Testing Equipment: Breathalyzers and other testing devices must be properly calibrated to provide accurate results. If there was an issue with the equipment, the test results may be challenged.
- Medical Conditions or Medications: Certain medical conditions or prescription medications can produce symptoms similar to intoxication, which could affect the results of sobriety tests.
- Challenge BAC Tests: Breathalyzer and BAC tests can be inaccurate due to faulty equipment or improper procedures. If these tests were not conducted correctly, the evidence may be invalid.
- Improper Procedure: If police officers failed to follow proper protocol during your arrest, your charges could potentially be reduced or dismissed.
The Fowles Law Firm
The DWI Legal Process When Working with Our DWI Attorneys
If you’re facing a DWI charge in Tomball, Texas, the legal process can be overwhelming. Our experienced attorneys at The Fowles Law Firm are here to guide you every step of the way.
1. Initial Consultation
2. Investigation & Discovery
3. Pre-Trial Motions
4. Trial or Negotiation
The DWI Arrest Process in Tomball: What Our DWI Lawyers Want You to Know
If arrested for a DWI in Tomball, take these steps:
- Stay Calm and Cooperate: Follow the officer’s instructions without becoming confrontational.
- Contact our DWI Lawyers: Reach out to our experienced lawyers immediately to guide you through the legal process.
- Know Your Rights: You have the right to remain silent and consult our attorneys.
- Handle Your DMV Hearing: Request a Department of Motor Vehicles (DMV) hearing within 15 days to contest the license suspension.
- Follow Court Instructions: Attend all hearings and comply with any court orders.
The DWI Appeal Process in Texas: How Our DWI Lawyers Can Assist with Your Appeal
After a DWI conviction, you may appeal based on legal errors or new evidence. Common grounds for appeal include mistakes made during the trial, such as improper evidence admission or rights violations. The appeal process involves reviewing the trial record, and a Texas appellate court will decide if the conviction stands or if a new trial is required. Our experienced DWI lawyers can help assess whether an appeal is viable and represent you in court.
DWI Penalties in Texas: A Breakdown of Consequences from Our DWI Lawyers
DWI offenses in Texas carry significant penalties that can vary based on factors like convictions, age, and aggravating circumstances. Here’s a breakdown of the penalties:
First-Time DWI Offenders
- Fines: Up to $2,000
- Jail Time: Up to 180 days (probation may be an option)
- License Suspension: 90 days (occupational license may be available)
- Probation: Alcohol education, community service, and regular check-ins may be required.
Repeat Offenders
- Second Offense: Fines up to $4,000, 30 days to 1 year in jail, and a 2-year license suspension.
- Third Offense: Felony charges, fines up to $10,000, 2 years in prison, and a 2-year license suspension.
Refusing a Breathalyzer or Blood Test
- License Suspension: 180 days for refusal, with longer suspensions for repeated refusals.
- Implied Consent: Refusing a test can be used against you in court and lead to severe penalties.
DWI for Drivers Under 21
- Zero Tolerance: Any detectable alcohol can result in fines, mandatory courses, and a 60-day license suspension. A BAC above 0.08% leads to adult DWI penalties.
Aggravating Factors
- Child Passenger: DWI with a child under 15 can lead to felony charges, fines up to $10,000, and 180 days to 2 years in jail.
- High BAC: A BAC over 0.15% can result in higher fines and longer jail sentences.
Alternatives to Jail Time for DWI Offenders in Tomball: Let Our DWI Attorneys Help You Choose the Best Option for Your Case
For DWI offenders in Tomball, Texas, jail time is not the only option. Several alternatives allow individuals to avoid incarceration while still addressing their offenses. At The Fowles Law Firm, we help clients explore options such as probation, treatment programs, community service, diversion programs, and expungement.
- Probation: It allows offenders to avoid jail time by complying with court-ordered conditions, such as regular check-ins with a probation officer, alcohol testing, and treatment programs. Violating the terms of probation can lead to jail time.
- Treatment Programs: Courts often mandate alcohol or drug rehabilitation for DWI offenders, especially for those with substance abuse issues. Completing a treatment program can help reduce the severity of the punishment.
- Community Service: Offenders may be required to complete community service, such as volunteering at local organizations, as an alternative to incarceration. This provides a chance to give back to the community.
- Diversion Programs for First-Time Offenders: First-time DWI offenders may be eligible for diversion programs, which involve attending education or treatment classes. Successful completion can result in the dismissal of charges, preventing a permanent criminal record.
- Expunging a DWI Record: In some cases, DWI offenders can have their records expunged, particularly if they are first-time offenders or completed a diversion program. Expungement removes the conviction from public records and offers a fresh start.
DWI Resources for Tomball, Texas
If you’re facing a DWI charge in Tomball, Texas, these resources can provide valuable information:
- Texas Department of Transportation: DWI Laws: Learn about DWI laws, penalties, and enforcement in Texas.
- National Highway Traffic Safety Administration: Impaired Driving: The NHTSA offers information on how impaired driving affects safety.
- Texas Penal Code: DWI Section: Understand the legal framework for DWI offenses in Texas
Frequently Asked Questions
What Happens If I Refuse a Breathalyzer Test in Texas?
In Texas, refusing a breathalyzer test after a DWI arrest can lead to the automatic suspension of your driver’s license for up to 180 days. It’s important to consult with our lawyers before making this decision.
Can a DWI Charge Be Expunged in Texas?
In Texas, DWI convictions are generally not eligible for expungement unless the case was dismissed or you were acquitted. If you successfully complete a probation period, there may be options for record sealing.
How Can a DWI Lawyer Help Reduce Penalties?
Our skilled DWI attorneys can negotiate plea deals, seek alternative sentencing like community service, or work to have your charges reduced or dismissed based on procedural errors or weaknesses in the prosecution’s case.
Call For Free Consultation: (713) 332-6814
Contact The Fowles Law Firm for Experienced DWI Defense with Our DWI Lawyers
If you or someone you know is facing DWI charges in Tomball, Texas, contact The Fowles Law Firm at 713-332-6814 for a confidential consultation. Our experienced DWI attorneys are ready to defend your rights and guide you through this challenging time.
Weather in Tomball, TX
Broken Clouds
Temperature
Wind Speed
Humidity
Neighborhoods in Tomball, TX
Things To Do in Tomball, TX
Tomball Museum Center
Tomball Railroad Depot Plaza
Burroughs Park
Spring Creek Park
Theis Attaway Nature Center
Kleb Woods Nature Preserve and Center
Jerry Matheson Park
Juergens Park
Tomball Corn Maze
TGR Exotics Wildlife Park
Zube Park
Kickerillo-Mischer Preserve
Oil Ranch
Tomball German Heritage Festival
Mathews Park
Main Event Tomball
The Woodlands Children's Museum
Map of Tomball, TX
