Plano DWI Lawyer
Driving while intoxicated (DWI) is a serious criminal offense and one of the most commonly prosecuted crimes in Texas. If you are convicted of DWI in Plano, you can face a wide range of serious penalties, and the record of the offense will interfere with your life in various ways for many years. If you have been charged with DWI, you need to call the Collin County DWI lawyers at the Pelley Law Office, L.L.P., at 972-608-0335 to schedule a consultation with our team.
Arrested For DWI? It Is Not Going Away On Its Own.
If you or a family member are arrested for DWI in Texas, it is imperative to know your rights and the value of hiring an experienced DWI lawyer in Dallas and Plano to represent you. Do not assume that you can handle defending yourself on your own or that it is not worth hiring an experienced private criminal defense lawyer to represent you. The right Plano and Dallas DWI attorney can help you reach far better results than you could likely manage without them.
The team at the Pelley Law Office, L.L.P. will respond immediately to your request for legal counsel. We will listen to your story, examine the details of your arrest, and help you develop a viable legal strategy aimed at avoiding conviction if at all possible. We will also verify that the police have handled your arrest and booking appropriately under the laws of due process. Our firm has decades of criminal defense experience and will fully leverage all of our professional resources to fight on your behalf.
You have a limited time to secure defense counsel and start building your case. The longer you delay, the more this hurts your case and the more it helps the prosecution, who will be looking for all the evidence they can find to ensure conviction. The sooner you connect with the DWI lawyers in Dallas and Plano at Pelley Law Office, L.L.P., the more time we have to build your defense.
How Police Conduct DWI Arrests in Plano
Police in Texas will conduct an arrest for DWI if they establish probable cause to believe that the driver is intoxicated by drugs or alcohol. A police officer must have reasonable suspicion to conduct a traffic stop, such as observing a driver committing a moving violation, driving erratically, or observing them leave an establishment that serves alcohol and get into their vehicle.
Once the police officer has conducted the traffic stop, they will need to establish probable cause in order to conduct a lawful DWI arrest. They may observe open alcohol containers inside of the vehicle, smell alcohol on the driver’s breath, or notice physiological signs of impairment. Some police officers will ask drivers to perform preliminary alcohol screenings, and it is important to understand what this entails.
Texas enforces an implied consent law for DWI testing. This means that once a police officer has established probable cause, the driver has given their implied consent to a chemical test for DWI. This does not apply to preliminary alcohol screenings. A driver has a right to refuse a preliminary alcohol screening, but it is likely they will be arrested anyway, and they will need to consent to a chemical test after their arrest.
A police officer may use a preliminary alcohol screening to confirm the driver’s blood-alcohol concentration (BAC) and arrest them for DWI, so consenting to a preliminary alcohol screening can essentially give the officer the probable cause they need to arrest you. However, refusing a chemical test after arrest will result in an automatic 180-day driver’s license suspension, and if the driver is later convicted of DWI in court, they face increased penalties due to their refusal of the chemical test.
The legal BAC limit for most drivers in Texas is .08%. Any amount above that will qualify as DWI. Additionally, it is possible for a driver to be charged with DWI if they are under the influence of drugs. Chemical testing is used to confirm DWI with drugs and/or alcohol, and the severity of the driver’s impairment can lead to increased penalties under certain conditions.
What to Do After an Arrest for DWI in Collin County
It is imperative that you immediately hire our D.W.I. defense team. You only have Fifteen (15) days from the date of your arrest to request an ALR hearing, or your license will be suspended and you could then expose yourself to another arrest! One of our Collin County DWI lawyers can provide valuable guidance for this hearing so you can hopefully retain your driver’s license.
Driving While Intoxicated is a serious allegation in Texas. Citizens who are convicted of D.W.I. are severely punished. A citizen accused of a sexual offense or homicide can be placed on deferred adjudication, and after a period of time the case can be dismissed (much like a traffic ticket). In 1994, the Texas legislature statutorily prohibited deferred adjudication in D.W.I. cases. D.W.I. convictions force Defendants to pay the State of Texas a tremendous amount of money. Our D.W.I. defense team has helped many people in your situation avoid those consequences.
Know Your Rights
Before you will be able to contact a DWI lawyer in Dallas and Plano to represent you, you will need to endure the arrest and booking process. This can be traumatic, especially if it is your first arrest, and the actions you take during this process can impact your case severely. It is essential that you know the constitutional rights that come into play in this situation.
The Fifth Amendment protects you from self-incrimination. You are not required to act as a witness against yourself, meaning you do not have to answer any questions from arresting officers, no matter what they might claim to the contrary. You are not required to sign any statements. Simply comply with the officers’ instructions and say nothing except, “I want my lawyer.”
The Sixth Amendment ensures your right to legal counsel when you are charged with any criminal offense, and you also have the right to a speedy trial. Working with an experienced Dallas DWI attorney offers the best chance of avoiding conviction or at least mitigating the penalties that might be assigned to you. As soon as you are able to make your phone calls, you need to reach out to an experienced Collin County DWI lawyer you can trust.
Past DWI Cases Our Firm Has Represented
The Collin County DWI lawyers at the Pelley Law Office, L.L.P. have a strong record of successful criminal defense for DWI cases in the area. When you choose our firm to represent you, you are investing in decades of professional legal experience, and we have a wide breadth of past experience from which to draw in building your defense. Our goal is to help you avoid conviction if at all possible or mitigate your penalties if necessary.
We are confident in our ability to defend clients in the most challenging DWI cases in Collin County. The following are just a few examples of the recent outcomes we have been able to secure on behalf of our clients:
State of Texas vs. C.A.
Charges: Felony D.W.I. 3RD OR MORE IN COLLIN COUNTY
Client was under investigation for D.W.I. 3rd or more in Collin County, Texas and hired our firm right after his arrest. We quickly conducted our own investigation and provided it to the Collin County District Attorney’s office prior to the Grand Jury meeting. The case was refused, and all charges dropped.
Result: CASE DROPPED.
State of Texas vs. J.H.
Charge: D.W.I.
At trial, the jury watched the roadside video showing J.C. falling down getting out of the car at nearly 2 a.m. J.C. could not walk a straight line during the Walk and Turn test, could not stand on one leg without stumbling and was clearly having a difficult time stating exactly where he had been that night.
Result: JURY RETURNED A VERDICT OF NOT GUILTY.
State of Texas vs. C.W.
Charge: D.W.I.
At trial, the jury learned during the State’s case that C.W. had a blood alcohol concentration level well over the legal limit when he took the breath test. After cross-examination by our attorney of the State’s expert witness, they understood the difference between the time of driving and the time of the BAC specimen.
Result: JURY RETURNED A VERDICT OF NOT GUILTY.
Potential Penalties for DWI Conviction in Texas
Like most other states, Texas uses a scale to assign penalties for DWI convictions that varies based on several factors. The most important factor is whether the defendant has a record of past DWI convictions. If so, they automatically face harsher penalties. The punishments for a second DWI are significantly more severe than the punishments for a first time DWI, and the severity continues to escalate with each subsequent conviction.
Generally, the penalties for a DWI conviction in Texas include a fine, possible jail time, and a driver’s license suspension. Some defendants will be required to install ignition interlock devices (IIDs) in their vehicles for extended periods of time, and some will be required to complete drug and alcohol education courses, driver safety courses, and other education. Some will be compelled to complete substance abuse treatment programs.
It is also important to remember that DWI may be charged as a misdemeanor or a felony in Texas. DWI lawyers in Dallas can defend clients charged with all levels of DWI, but it is important to remember that prior convictions will almost always lead to harsher penalties than were assigned for previous convictions.
Misdemeanor DWI can lead to fines, jail time, and license suspension, and penalties for felony DWI can include incarceration in state prison, much heavier fines, longer license suspension, and additional penalties assigned at the court’s discretion.
A D.W.I. conviction can also have severe immigration/deportation consequences, restrictions on crossing state lines, disqualification from driving a commercial motor vehicle, and forfeiture of your vehicle. In addition to past DWI convictions enhancing the penalties you could face if you are convicted again, you can also face additional penalties if you caused an accident while under the influence, especially one resulting in serious bodily injury or death.
The good news is that you have found the right defense team to protect you. The Plano and Dallas DWI attorneys at the Pelley Law Office, L.L.P. approach every DWI case we accept with the goal of helping our client avoid conviction, if at all possible, but if you have broken the law and the prosecution has all the evidence they need to convict, we can still potentially help defendants reduce their penalties in some cases.
Building Your Defense With a DWI Lawyer in Dallas
In every criminal case in the United States, the defendant is innocent until proven guilty. Additionally, the standard of proof for guilt in a criminal case is “beyond a reasonable doubt.” This is a much higher standard than most people realize, as it means that the prosecution’s case must be so compelling that there can be no room for any reasonable person to doubt whether the defendant committed the crime in question.
Many types of evidence could come into play in a DWI case, including the arresting officer’s testimony and police report, results from a chemical test for DWI, traffic camera footage, police dash cam, and body cam footage, and witness testimony. While the prosecutor will attempt to leverage their evidence and testimony to prove the defendant is guilty, the defense attorney’s job is to prevent them from meeting the standard of proof of guilt beyond a reasonable doubt.
If you experienced any violation of your rights during arrest and booking, or if you believe the police violated the rules of due process in any way, your Collin County DWI lawyer will know how to leverage these facts on your behalf. They will also be able to secure any exculpatory evidence that may prove you could not have committed the offense in question or that your arrest was wrongful.
Success with a DWI defense case may require proving a mistake of fact or a mistake of law. You may need to prove that the police officer who arrested you never fully established probable cause for the arrest, that the chemical test used to confirm DWI was faulty, or that your rights were violated in some way while in police custody.
Understanding the Plea-Bargaining Process
In the event you did commit the offense in question, this does not mean you are certain to face the harshest possible penalties that might be assigned to you for DWI. When a prosecutor is certain that they have more than enough evidence to secure a conviction, they may offer a plea deal to the defendant, exchanging their immediate guilty plea for a lighter sentence and/or reduced charges.
This is not guaranteed in every case, but for some defendants, plea bargains could mean the difference between probation and jail time. If you did commit a DWI, your Dallas DWI attorney can help you determine whether accepting a plea deal would suit your best interests. They can help you negotiate a fair deal with the prosecution, potentially reducing your penalties substantially.
How Your Collin County DWI Lawyer Can Help
The right defense team can have a tremendous positive influence on the outcome of your DWI case in Collin County. As soon as you hire the Pelley Law Office, L.L.P., to represent you, we will immediately begin gathering any evidence we can find to support your side of the case. We will carefully review the details of your arrest and booking to ensure that due process has been followed and scrutinize the evidence that has been presented against you.
Our DWI lawyers in Dallas and Plano are often able to secure much better results than our clients initially expect. While no defense attorney can ever guarantee a specific outcome for any client in any case, we can promise that when you choose our firm to defend you, you will have access to a dedicated team of legal advocates ready to answer your questions and provide support through the challenging legal proceedings ahead of you.
We will do everything we can to help you stay out of jail if at all possible, and we can assist you in proving your side of the story if you have been wrongfully arrested for a crime you did not commit. You have a limited time to build your defense after an arrest for DWI, so it is crucial that you connect with our team as soon as possible. The Plano & Dallas DWI attorneys at the Pelley Law Office, L.L.P., have the skills and experience you need on your side when charged with DWI.
Contact Pelley Law Office, L.L.P., Today – Experienced Plano & Dallas DWI Attorneys
Do not fool yourself by hoping your criminal problems will go away. They will not. Pick up your phone and call us right now at 972-608-0335, or send us an email. Our experienced criminal defense team is ready to start fighting for you immediately. Each moment that goes by is bad for you, and good for the prosecution.
The best way to predict your future are the results we have achieved in the past.
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