DUI/DWI

Are you facing a DUI/DWI charge and feeling overwhelmed? You don't have to face it alone. We will meticulously examine the details of your case, challenge evidence, and build a strong defense strategy tailored to your specific circumstances. Don't let a DUI/DWI charge define your future.

Contact us today and let us be your trusted advocates, fighting for your rights and working towards the best possible outcome in your case.

Understanding DUI vs. DWI
in Texas:
Key Differences and Consequences

You're likely familiar with the terms DUI (driving under the influence) and DWI (driving while intoxicated). However, understanding the similarities and differences between the two can be important. In Texas, both DUI and DWI refer to operating a vehicle in a public place while intoxicated, meaning impaired mental or physical faculties due to alcohol or drugs. While "DWI" is the legal term used in Texas, "DUI" is often used interchangeably.

For individuals aged 21 or older, a DWI charge can be incurred by operating a vehicle while legally intoxicated, which typically means having a blood or breath alcohol concentration (BAC) of .08 or higher or being impaired by drugs.

In Texas, a person under 21 can be charged with a "DUI" (or "DUIA" - Driving Under the Influence of Alcohol) if any amount of alcohol is found in their system. This is the only officially recognized use of "DUI" in Texas. Regardless of impairment, Texas has a zero-tolerance policy for drivers under 21, making it illegal to drive with any detectable amount of alcohol in their system.

So, which is worse, a DUI or a DWI? The severity of the offense depends on the state you're in. In Texas, a DWI is considered more serious. DUI charges apply only to minors under the Texas Traffic Code, making it easier to be found guilty as any amount of alcohol in their system can lead to a DUI charge. On the other hand, DWIs are charged under the Texas Penal Code, which categorizes it as a significant offense. Penalties for a DWI can range from heavy fines to potential jail or prison time.

While it's crucial not to take either charge lightly, it's important to note that the consequences of a DWI are generally more severe than those of a DUI. If you find yourself facing a DUI or DWI charge in Texas, it's advisable to seek the guidance of an experienced attorney who can help you understand the specific laws and protect your rights.

Helping Navigate a DUI/DWI

  • First, we conduct an initial consultation with you to gather information about the DUI arrest, understand the circumstances, and assess the potential defenses and legal options available.

  • Next, we obtain and review all available evidence, including police reports, breathalyzer results, field sobriety test records, and any relevant video or audio recordings. We assess the strength of the evidence against the client and identify any potential issues or weaknesses in the case.

  • Based on the evidence and circumstances of the DUI case, we’ll develop a strategic plan. This includes determining the most effective defense strategy, such as challenging the legality of the stop, questioning the accuracy of the tests, or raising procedural errors.

  • At this phase, we file pre-trial motions to challenge the admissibility of evidence, suppress certain statements or test results, or request other favorable rulings that can weaken the prosecution's case.

  • Next, we engage in negotiations with the prosecution to explore the possibility of a plea agreement. We’ll advocate for reduced charges or penalties that are in your best interest.

  • If a plea agreement cannot be reached, we prepare for trial. This involves further investigation, witness preparation, expert consultation if necessary, and crafting a strong defense strategy.

  • In the event the case goes to trial, we represent the client in court. We present evidence, cross-examine witnesses, challenge the prosecution's case, and advocate for the client's rights and interests. Throughout the trial, we provide guidance, support, and skilled representation to seek the best possible outcome.