Getting arrested for a DWI in Arlington, Texas, can be a scary and stressful experience. You might be worried about what will happen next, like losing your driver's license, paying large fines, or even going to jail.
This situation is difficult, but you don't have to face it alone. The experienced Arlington DWI lawyers at Fulgham Hampton Criminal Defense Attorneys know what you're going through. We are here to stand up for your rights.
Arlington DWI Guide
- Why Choose Our Arlington DWI Attorneys?
- DWI Penalties in Texas
- Fighting Your Arlington DWI Charge
- What to Do After a DWI Arrest in Arlington
- Choosing Fulgham Hampton Criminal Defense Attorneys
Why Choose Our Arlington DWI Attorneys?
If you face a DWI charge in Arlington, you require a law firm possessing the knowledge, skill, and commitment to craft a powerful defense. The Fulgham Hampton Criminal Defense Attorneys team, includes former prosecutors who have dealt with many DWI cases.
We know the tactics the prosecution uses, allowing us to predict their next moves and develop effective strategies to counter them and protect you.
Our lawyers have a total of over 85 years of criminal law experience. We have handled more than 550 jury trials in Texas.
We have an impressive history of getting DWI charges dropped, not-guilty verdicts at trial, and favorable plea deals. When you select Fulgham Hampton Criminal Defense Attorneys, you can feel confident your case is in good hands.
DWI Penalties in Texas
The consequences of a DWI conviction in Texas can be tough. How severe they are depends on things like how high your blood alcohol content (BAC) was when you got arrested, if you have prior DWI convictions, and if anyone got hurt because of your alleged actions.
Even a first-time DWI offense can lead to:
- A fine of up to $2,000
- Jail time up to 180 days
- Driver's license suspension up to one year
Repeat offenders face even stricter penalties, like longer jail sentences, bigger fines, and longer license suspensions. Our skilled Arlington DWI attorneys can explain the specific penalties you might be facing and devise a plan to reduce the impact on your life.
Fighting Your Arlington DWI Charge
Many people believe authorities will surely secure a conviction upon their DWI arrest. But that's not always true. There are several ways to fight a DWI charge, and the lawyers at Fulgham Hampton Criminal Defense Attorneys have the experience to find the best approach for your situation.
Some possible defenses against a DWI charge include:
Challenging the Legality of the Traffic Stop
When an officer pulls you over for a suspected DWI, they must have a valid and lawful reason. This means they must have probable cause or reasonable suspicion that someone is committing a crime, such as driving under the influence.
Probable cause is a clear and specific reason to believe a crime has occurred. Reasonable suspicion is a well-founded belief based on facts and circumstances that criminal activity is afoot.
If the officer did not have probable cause or reasonable suspicion to initiate the traffic stop, the court will not admit any evidence they collected during the stop.
The Fourth Amendment of the United States Constitution protects citizens against unreasonable searches and seizures. An officer conducting a traffic stop without a valid reason is considered a violation of the driver's constitutional rights.
Several examples of unlawful reasons for a traffic stop exist, which may serve as grounds to challenge the stop's legality.
One such example is racial profiling, which occurs when an officer pulls over a driver based solely on their race, ethnicity, or national origin without any indication of criminal activity. This practice is not only unconstitutional but also a form of discrimination.
Another unlawful reason for a traffic stop is when an officer pulls over a vehicle based on a mere hunch or gut feeling, without any specific facts or circumstances to support their suspicion.
For example, an officer may pull over a driver simply because they look suspicious or driving late at night in a high-crime area. Therefore, these stops are not based on any legitimate evidence of wrongdoing and are unlawful.
In some cases, officers may use a minor traffic violation, such as a broken taillight or an expired registration, as an excuse to investigate a suspected DWI. While it is true that officers may pull over a driver for a traffic violation, they cannot use this as a pretext to conduct a more extensive investigation without additional evidence of impairment.
If the officer extends the stop beyond what is necessary to address the initial traffic violation without reasonable suspicion of a DWI, the stop may qualify as unlawful.
At Fulgham Hampton Criminal Defense Attorneys, our talented Arlington DWI lawyers can carefully examine the circumstances surrounding your traffic stop to determine if there are grounds to challenge its legality.
Suppose we can demonstrate that the officer did not have probable cause or reasonable suspicion to initiate the stop. In that case, we can have any evidence obtained during the stop, such as field sobriety tests or Breathalyzer results, suppressed and excluded from your case.
This can weaken the prosecution's case against you and improve your chances of a favorable outcome.
Questioning the Accuracy of Field Sobriety Tests
Police often use field sobriety tests, like the walk-and-turn or one-leg stand test, to decide if a driver is impaired. But these tests aren't always dependable.
Many factors can impact them, including:
- The driver's age, weight, or physical condition
- Road or weather conditions during the test
- The officer's opinion of the driver's performance
We can challenge if the field sobriety tests are valid and argue they don't definitively prove impairment.
Disputing the Results of a Breathalyzer or Blood Test
Breathalyzer and blood test results are often the strongest proof of a driver's impairment. However, individuals can dispute these tests in court as they are imperfect.
Some issues with Breathalyzer tests include:
- Incorrect calibration or maintenance of the device
- Operator mistakes or lack of training
- The presence of mouth alcohol causes falsely high readings
Challenges to blood tests can also arise from issues such as:
- Improper storage or handling of the blood sample
- Contamination of the sample
- Issues with the chain of custody documentation
Our talented Arlington DWI lawyers can dispute Breathalyzer or blood test results and argue they shouldn't be allowed as evidence in your case.
Arguing That There Was a Lack of Probable Cause for the Arrest
Even if the initial traffic stop was legal, the officer still needs probable cause to arrest you for DWI. Probable cause means enough evidence to make a reasonable person believe a crime occurred.
If the officer didn't have probable cause, evidence obtained after the arrest might not be allowed in court.
Examples indicating a lack of probable cause include:
- The officer didn't notice signs of impairment, like slurred speech or unsteadiness
- The officer didn't do field sobriety tests or did them wrong
- The officer relied only on the smell of alcohol to make the arrest
Our Arlington DWI attorneys can argue there was insufficient probable cause for your arrest and get post-arrest evidence suppressed.
By challenging the legality of the stop, disputing sobriety and chemical test accuracy, and arguing the lack of probable cause, we can build a robust defense against your DWI charge.
At Fulgham Hampton Criminal Defense Attorneys, our veteran Arlington DWI lawyers can find and leverage weaknesses in the prosecution's case to help reach the most favorable result for you.
Our Arlington DWI lawyers will thoroughly examine your case details to pinpoint flaws in the prosecution's evidence and construct a solid defense for you.
What to Do After a DWI Arrest in Arlington
If you face a DWI arrest in Arlington, here are crucial steps to take to safeguard your rights and enhance the likelihood of a positive outcome:
Contact a DWI Attorney Right Away
After a DWI arrest, one of the most important things to do is to contact a skilled DWI lawyer immediately. The earlier you have legal representation, the better your chances of mounting a strong defense and protecting your rights.
An Arlington DWI attorney can:
- Explain the charges and potential consequences
- Investigate your arrest and find weaknesses in the prosecution's case
- Advise you on the best actions to take based on the facts of your case
- Represent you in court and negotiate with prosecutors on your behalf
Waiting to contact an Arlington DWI attorney can damage your case. Evidence may disappear, and witness memories may become less clear over time. By contacting Arlington DWI lawyers at Fulgham Hampton Criminal Defense Attorneys, you ensure proper handling of your case.
Request an Administrative License Revocation (ALR) Hearing
In Texas, your driver's license is automatically suspended after a DWI arrest unless you request an Administrative License Revocation (ALR) hearing within 15 days. This hearing stands apart from your criminal case. The Texas Department of Public Safety (DPS) conducts it.
The ALR hearing lets you challenge the suspension of your license. We can present evidence and argue on your behalf that suspension isn't justified.
If you don't request an ALR hearing within the 15-day window, your license will be automatically suspended 40 days after your arrest. You can avoid or delay the suspension by requesting a hearing, letting you keep driving while your criminal case is ongoing.
Collect Evidence That May Help Your Case
Evidence is key in criminal cases, including DWIs. As your Arlington DWI lawyers, we'll work with you to gather evidence that supports your defense, such as:
- Witness statements about your behavior before or during the arrest
- Receipts showing how much alcohol you bought or drank
- Videos or photos from the arrest scene or police station
- Medical records documenting health issues that may have impacted your field sobriety test performance
This evidence can aid in challenging the prosecution's case and strengthening your defense. The more evidence supporting you, the better your chances of a good outcome.
Follow Court Orders and Conditions of Release
After a DWI arrest, authorities may release you on bail or your recognizance, but with certain conditions, which may include:
- Going to alcohol education or treatment
- Installing an ignition interlock device on your vehicle
- Taking random drug or alcohol tests
- Not consuming alcohol or drugs
Follow all court orders and release conditions while your case is pending. Not doing so can lead to more charges, revoking bail, or other bad consequences.
Following these conditions also shows the court you're taking your case seriously and are willing to make positive life changes, which may help your case in the long run.
Be Honest With Your Attorney
Your DWI lawyer is your advocate, dedicated to achieving the best result in your case. To do that effectively, they must fully and accurately understand the facts.
Be honest with your Arlington DWI lawyer about all aspects of your case, including:
- The amount of alcohol you drank before the arrest
- Any medications or drugs you were on at the time
- Any previous criminal convictions or arrests
- Any witnesses or evidence that may help or hurt your case
Remember, what you tell your Arlington DWI lawyer is protected by attorney-client privilege. You retain the authority to share it with others. Being honest allows your lawyer to provide the best possible representation and guidance.
After a DWI arrest, these steps can greatly improve your chances of a positive case result.
By quickly contacting a knowledgeable Arlington DWI lawyers at Fulgham Hampton Criminal Defense Attorneys, requesting an ALR hearing, gathering evidence, following court orders, and being honest with your attorney, you can construct a strong defense and protect your rights throughout the legal process.
Choosing Fulgham Hampton Criminal Defense Attorneys
DWI charges in Arlington can be stressful, but our law firm will stand up for your future. Fulgham Hampton Criminal Defense Attorneys have the experience to build an effective and aggressive defense you need to challenge your charges and minimize your consequences.
Our team of former prosecutors have the insight to anticipate the state’s tactics and we can build a strong case for you. You can trust we will bring our experience and resources to bat for you.
Don't let a DWI charge derail your life. Contact Fulgham Hampton Criminal Defense Attorneys today at 817-877-3030 for your free consultation. Let us bring our defense experience to work for you today.