Richmond Felony DWI Lawyer

Richmond Felony DWI Attorney

When you choose to drive while intoxicated (DWI), you are putting so many lives in danger, including your own. If you are pulled over and arrested, being charged with a DWI can hurt every other aspect of your life. If convicted, you’ll have a criminal record, which can impact your professional reputation, social standing, and personal relationships. When your offense is a felony DWI, it’s even worse. A Richmond felony DWI lawyer can represent you and construct a strong defense against your charges.

Getting a DWI in Texas

In Texas, any driver who is pulled over on suspicion of a DWI and found to have a blood alcohol content (BAC) of 0.08% or higher will be considered over the legal limit to drive. From there, you will be arrested. At that point, the smartest move you can make is to contact a Richmond criminal defense lawyer, who can then start working on a way to defend your actions. It won’t be easy, but an experienced defense lawyer can figure out a plan to protect your interests.

At the time of your arrest, you should be as calm and collected as possible. Don’t try to flee and lead the cops on a high-speed pursuit. Don’t take off and bolt on foot. If you notice sirens behind you, immediately pull to the side of the road and turn off the car. If you try to dodge the police, you are only going to make things considerably worse for yourself. You may be totally aware that you’re drunk, but it shouldn’t change your actions.

The arresting officer will request your driver’s license, which you should give to them. They may request that you take a breathalyzer test. You are allowed to refuse the test, but the consequences will be severe. Refusal may be seen as an admission of guilt, which can result in the immediate loss of your driver’s license. Texas is an implied consent state, which means you are consenting to a breathalyzer test simply by driving on state roads and owning a state-issued license.

How Does a DWI Become a Felony?

Many DWIs are considered misdemeanors, especially if it is your first offense and nobody was hurt. In more extreme cases, DWIs become felonies if they meet certain established criteria, such as:

• You already have two prior convictions for a DWI. In that case, your third one becomes a felony charge.
• Your DWI caused a bad accident that got somebody seriously hurt.
• You had a minor in the vehicle at the time of your arrest.

Possible Defenses Against a DWI

You may feel that you are totally out of options when you are arrested for a DWI in Richmond. That’s understandable, but it may not be true. To get a conviction for a felony DWI, the prosecution has to prove your guilt beyond a reasonable doubt, and that can be rather difficult. What you want is an experienced lawyer who can build you a solid defense based on evidence. Never forget that you’re innocent until proven guilty.

Here are two potential defenses:

• Lack of Probable Cause: According to the Constitution, law enforcement officers need a justified reason to pull you over. A hunch that you are up to no good simply won’t cut it. They need probable cause to make their case hold up in court. If there is no probable cause, they never had a legal reason to pull you over, and anything they found in the car may be inadmissible. Your lawyer could even get the charges dismissed in some of these cases.
• Faulty Test: Breathalyzer tests are not infallible. If they are improperly stored and left to expire, that could give the arresting officer an incorrect result on your test. Moreso, the tests have to be performed by officers who are properly trained in how to administer them. If the officer has no training and is just guessing, they could mess up your test, too. Your lawyer could then argue against the officer’s competency.

Richmond Felony DWI FAQs

Q: How Much Does a DWI Lawyer Cost in Richmond, TX?

A: How much a DWI lawyer might cost in Texas will vary for several reasons. Every DWI case is different, with every case having its own specific factors and details that make each one a unique experience. The amount that your lawyer decides to charge you will reflect the complexity of your case as well as their own education and experience, among other factors.

Q: What Is the Statute of Limitations on a Felony DWI in Texas?

A: In Texas, the statute of limitations on a felony DWI is three years. Essentially, this means the prosecutor has three years from the date of your DWI to file charges against you. For a misdemeanor DWI, the statute of limitations is only two years. If you find yourself facing DWI charges, you should contact a DWI defense lawyer immediately.

Q: Can You Get a First-Offense DWI Dismissed in Texas?

A: Yes, it is possible for a first-offense DWI to be dismissed in Texas, but it’s important to remember that there are no guarantees. Depending on the severity of your offense, you could still end up facing jail time for a first-offense DWI, especially if there are aggravating circumstances. If you want a solid chance at a dismissal, you will need a defense lawyer to put together a strong strategy.

Q: Can a Lawyer Get You Out of a DWI?

A: Yes, a lawyer can potentially get you out of a DWI in Richmond, but they can only do so by building a strong defense strategy and finding flaws in the prosecutor’s case against you. Your lawyer can argue for a dismissal based on the evidence that supports your defense, or they can negotiate a plea deal that would help you avoid jail time or even a criminal conviction.

Reach Out to a DWI Lawyer

The legal team at Segura & Kiatta understands how difficult it can be to fight a DWI charge, but we know how to do so. Contact us to speak to someone on our team about your case.