How much does a DWI lawyer cost in Texas?
The human toll of drunk driving is tragic, but there are also legal and financial costs for the driver that are a nightmare to deal with. If you’re drinking alcohol, always find a sober ride. It just isn’t worth it.
The cost of a DWI in Texas ranges from place to place. See how the costs could add up:
In Texas, a person is legally intoxicated and may be arrested and charged with DWI with a .08 BAC (blood or breath alcohol concentration). However, a person is also intoxicated if impaired due to alcohol or other drugs regardless of BAC. Drivers and passengers can be fined up to $500 for having an open alcohol container in a vehicle.
It is illegal for anyone under 21 to buy, have or drink alcohol in any way, shape or form. That means it’s illegal to drive with ANY alcohol in your system. Here’s what happens the first time you’re pulled over for driving under the influence (DUI), if you’re under 21:
Penalties increase with each DWI conviction.
How do I win a DWI case in Texas?
To beat a DWI charge in Texas, you must assert and protect your constitutional rights. You must utilize due process to confront all witnesses and challenge all evidence. This means disputing reasonable suspicion, probable cause, and all forensic evidence. You can’t win if you don’t fight.
Yes, an enhanced DWI offense can be reduced. A first-time DWI charge may be elevated to a Class A Misdemeanor or, in some circumstances, a State Jail Felony. The State has the power to “waive” the enhancement, and proceed on a Class B Misdemeanor DWI. Learn more.
After being released from jail, a defendant facing a first-time DWI charge in Texas will receive a court date for arraignment. The arraignment setting is simply the first setting in a criminal case. Some courts will allow the setting to be “waived,” though it is best to consult with an attorney before waiving anything when facing criminal prosecution in Texas.
DWI charges are expensive and take time to resolve. While the local prosecutors pursue a conviction, the attorneys for the Department of Public Safety work to suspend driving privileges. This two-pronged attack requires a powerful defense. You cannot beat a DWI alone in Texas. It is critical to have an experienced, aggressive team standing between you and the Government.
DWI is one of the most serious misdemeanor offenses in the Texas Penal Code. Depending on BAC, the maximum fine can be up to $6,000.00, and a first-time offender with no criminal history at all can still go to jail for up to 1 year. Many people ask how serious a DWI charge is, and the answer is very serious. This is the main reason it is critical to build a powerful defense in an effort to beat your DWI. Learn more.
First-time DWI offenders in Texas face up to 1 year in jail. Judges do not give credit for the time that passes while the case is pending. So, while jail may be less likely for first-time offenders, it is a legal possibility. This is why it’s critical to do everything possible to beat your DWI charge in Texas.
What is the best defense against a DUI?
The top 10 legal defenses to driving while intoxicated (“DUI”) charges fall into three categories. These are that:
- You can fight DUI charges by arguing that you were merely driving erratically or poorly–but NOT driving under the influence. This defense is especially helpful with charges that you were “driving under the influence” under Vehicle Code 23152(a) VC.
- Your physical appearance plays a big role in your DUI investigation. The officer who arrested you will testify that you were “under the influence” because you had…
As any experienced DUI attorney can tell you, an arrest does not have to mean a conviction. You can avoid life-changing drunk driving penalties–including hefty fines and a driver’s license suspension–by fighting charges with a strong defense strategy.
One of the first things prosecutors focus on is your driving pattern. They routinely have the arresting officer testify that you were driving in a manner “consistent with” someone who was under the influence of alcohol or drugs. Often, this so-called “pattern” includes allegations that you were speeding or weaving within your lane.
We rebut this evidence by having the officer testify about all of the ways that you drove properly and safely. We elicit testimony from the arresting officer that:
- The National Highway Traffic Safety Administration (NHTSA) — the nation’s leading authority on DUI — says that cues based on driving patterns are predictive of drunk/drugged driving only 35% of the time.
- Even the National District Attorneys Association admits that driving behaviors are sometimes “quite nuanced.”
Example: Tony accidentally serves between lanes while scratching his ankle. Police pull him over and arrest him for DUI even though he had only one drink that night.
Tony’s attorney gets the officer to admit that he was driving within the speed limit, pulled over as directed, parked without difficulty, and otherwise was driving with “the caution characteristic of a sober person.”
The attorney also gets the officer to admit that sober people often drift into other lanes for reasons having nothing to do with drug or alcohol consumption. This defense to Tony’s charges leads to a “not guilty” verdict.
We defend you against DUI charges by addressing the “innocent” explanations that could have led to those signs. For instance, are all common causes of red eyes.
Experienced DUI defense attorneys know that “the smell of alcohol on your breath” does not necessarily mean you drank alcohol.
We also elicit testimony that alcohol has no odor. What people perceive as alcohol on the breath is actuall.
Do I need a lawyer for a DWI in Texas?
If you’re charged with driving under the influence of drugs or alcohol in Houston, Texas, you could face serious consequences. Even if it’s your first DWI offense, you may still spend time in jail or get your license suspended. Therefore, it’s typically in your best interest to hire an attorney to help with the case.
In theory, you could have your DWI case thrown out with the assistance of a public defender. It’s also possible to obtain an acquittal in your DWI case using an attorney who was appointed to defend you.
However, there are downsides to using a public defender. Many public defenders juggle dozens or hundreds of cases at the same time. Depending on your appointed defender’s workload, they might not be able to give your case the time and attention needed to obtain a favorable outcome. Often, public defenders will try to get a plea deal in order to resolve the matter as quickly as possible, and this might not be in your best interest.
It’s generally beneficial to spend money on quality representation in your DWI case, and here’s why: While it may cost you more to hire an attorney than it would to use a public defender, you can save more money in the long run by avoiding a license suspension, jail time and a large fine if you are acquitted or if the case is thrown out.
If you’re planning to hire an attorney, be sure to hire a lawyer near you who specializes in DWI/DUI defense. A DWI lawyer will have more experience arguing cases such as yours and a greater understanding of the law.
You could be sent to jail or prison, even if you don’t have previous DWI charges or convictions on your record. This may be true if your blood alcohol content was above a certain threshold or if you caused bodily injury or death in a drunk driving accident. In addition to jail time, you could face an automatic license suspension if convicted of a first-offense DWI or if you refused to take a blood or breath test.
Your attorney will likely review all of the evidence against you and craft a legal defense based on that evidence. For example, if the police said that you had bloodshot eyes, an attorney could argue that it was the result of a medical condition. Or if an officer said that your vehicle was swerving, an attorney might make the case that a mechanical issue caused the car to swerve.
Let’s say that you are exonerated by a judge or jury after a trial. While you may not face any legal consequences, the charge may still appear on your criminal record. An employer, a college or any other entity that does a background check could see that charge. An attorney could work to get it sealed or expunged to help protect your name in the future.
Getting a DWI charge dismissed and expunged can help you keep a job. If you run your own company, you may lose customers or otherwise experience damage to your brand simply by being charged with a DWI. A dismissal or acquittal may make it easier to regain the goodwill that potentially could be lost because of the charge.
What is the best case for a DUI?
THE BEST DUI DEFENSES
1
Suspect Not Given Opportunity to Contact an Attorney during the DUI Investigation. …
2
Breath Alcohol Testing Can Be Inaccurate. …
3
Illegal Stop of Person or Vehicle. …
4
Field Sobriety Test is Inaccurate or Invalid. …
5
No Evidence of Suspect Driving Vehicle or Being in Actual Physical Control.
How much does a DUI lawyer cost in Florida?
Lots of people ask us what the true cost or average cost of a DUI in Orlando, Florida. Knowing these costs isn’t just essential for those who have found themselves on the wrong side of the law—it’s crucial for all of us. In the following article, we’ll dissect every potential DUI Costs in Central Florida. This isn’t a light topic, but it’s one we should all be informed about.
The State of Florida punishes DUI harshly; as such, there are a number of penalties a court will enforce if you are convicted of DUI. In addition, repeat DUI offenses and aggravating factors (such as the presence of minors, or damage to property) may lead to a more severe sentence. Contact our Orlando criminal defense attorney near you to help get your life back on track.
In addition to the criminal penalties for DUI, you may be subject to administrative driver license penalties by DMV as well as financial and personal collateral consequences, including loss of a job, immigration issues or professional licensure discipline. Here are some ranges of costs that you might expect to pay after being arrested for a DUI in Central Florida.
1st Time Offender | 2nd Time Offender |
---|---|
$264 | $395 |
1st Suspension- by DHSMV
2nd Suspension- by judge, if Convicted
$223
$223
DMV hardship license
co- owned by the defendant
+ $67.50 (monthly)
1st Time Offender- 6 months = $575
2nd Time Offender- 2 years = $1,790
10 days for each vehicle
Insurance Hikes
FR-44 Form required for 3 years
Expect premiums to increase by 200-400%.
$300,000 total per accident, and
$50,000 property damage
The first financial hit you’ll take is likely the towing of your vehicle. And let’s be clear: this is no small expense. You’re looking at anywhere from $100 to $300 just to get your car off the road. And don’t forget, that’s just the initial fee—every extra day your car sits in the lot will cost you more. This is just the beginning of a long and costly journey that goes far beyond a simple fine.
After the initial shock of being arrested, you’ll soon face the practical matter of securing your release. That’s where bail bonds come into play. A bail bond is essentially a guarantee to the court that you’ll show up for your future hearings. It’s a financial arrangement that temporarily gets you out of jail—but it comes with a price tag.
For a first-time DUI offense, you’re generally looking at bail amounts ranging from $100 to $3,000. It’s a wide range, largely influenced by your criminal history and the circumstances of your arrest and whether you pay your bail in full (which will be refunded to you later) Or if you just pay 10% to the bondsman (which is not refunded, that is just their bail bond fees.) Thus for a first time DUI, the average bail is $100-$200 if they pay the bondsman or $500-$1,000 bond for a first DUI offense if they pay the bond directly to the court. Although this is a one-time payment, it’s a significant one, and it’s essential to account for it in your overall DUI budget.