Decatur DWI Defense Lawyer
DWI Defense Attorney Advocating for Clients in Decatur, TX
Dealing with a DWI charge in Decatur, Texas can be overwhelming, but having an experienced attorney can make a significant difference. Texas treats DWI charges with strict penalties that can include heavy fines, license suspension, probation, and even jail time. Attorney Tim Godwin, brings valuable insights from his time as a former Texas DPS State Trooper to help defend clients against DWI allegations, protecting their rights and freedoms.
What Makes Texas DWI Cases Unique
- Strict BAC Limits: Texas law prohibits driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher for drivers over 21, while drivers under 21 are subject to a zero-tolerance policy. Commercial drivers have a lower BAC limit of 0.04%.
- Implied Consent: Texas law follows the principle of implied consent, meaning drivers automatically consent to blood, breath, or urine tests to determine BAC when they operate a vehicle. Refusal to take a test results in an automatic license suspension.
- Intoxication Definition: Texas law defines intoxication as not only having a BAC above the legal limit but also lacking the normal use of mental or physical faculties due to alcohol, drugs, or other substances. This broader definition allows the state to prosecute based on observations, even if BAC is below 0.08%.
Understanding DWI Penalties in Texas
DWI penalties in Texas vary depending on whether it is a first, second, or third offense, as well as on factors such as the driver's BAC, whether a child was present in the vehicle, or if any property damage or injury occurred. Here is a breakdown of DWI penalties:
- First Offense: Up to 180 days in jail, fines up to $2,000, license suspension for up to one year, and the possibility of a DWI education program.
- Second Offense: Up to one year in jail, fines up to $4,000, license suspension for up to two years, and the requirement to install an ignition interlock device.
- Third Offense: Two to 10 years in prison, fines up to $10,000, license suspension for up to two years, and mandatory ignition interlock installation.
How a Decatur DWI Lawyer Can Help
A DWI charge has multiple aspects that an attorney can examine to build a defense. Godwin Law Firm, PLLC provides a thorough approach to each case, considering all available evidence and the client's unique circumstances. Here are ways an experienced DWI attorney can assist:
- Examining the Evidence: Attorney Tim Godwin can review field sobriety test results, dashcam or bodycam footage, and breathalyzer calibration logs to determine whether proper procedures were followed. Any deviations from standard practices can serve as grounds to challenge the evidence or the arrest process.
- Challenging the Traffic Stop: A valid DWI case starts with a lawful traffic stop. We will investigate the stop to see if the officer had reasonable suspicion to pull the driver over. If there was no legal basis for the stop, it may be possible to have the evidence gathered afterward excluded from the case.
- Negotiating with Prosecutors: We will diligently work to negotiate favorable outcomes, which may include reduced charges, minimized penalties, or alternative sentencing options.
- Advocating for License Preservation: DWI cases can involve both criminal court and administrative license suspension hearings. Attorney Tim Godwin represents clients in these hearings, working to prevent or minimize any loss of driving privileges.
- Providing Representation at Trial: When a case proceeds to trial, having a defense lawyer familiar with the nuances of DWI law is essential. We will build strong arguments, presenting evidence and questioning witnesses to support the client's side.
Contact Our Decatur, Texas DWI Defense Attorney
DWI charges are serious, but you don't have to face them alone. Attorney Tim Godwin, a U.S. Army veteran and former Texas DPS State Trooper, offers the defense needed to pursue the best possible outcome. Reach out to Godwin Law Firm, PLLC at 940-255-0000 or contact us online for a free consultation.