Charged With a DWI in Fort Worth? Call the Top-Rated Fort Worth DWI Defense Lawyers at Fulgham Hampton Criminal Defense Attorneys today.
Are you or someone you know facing a driving while intoxicated charge (DWI) in Fort Worth or a nearby city? If so, you need an experienced Fort Worth DWI Lawyer to fight on your behalf.
The Fort Worth DWI defense attorneys at Fulgham Hampton Criminal Defense Attorneys have tried dozens of DWI jury trials, and we have successfully handled numerous bench trials before several judges. We have also handled hundreds of plea bargains and convinced courts and prosecutors to drop charges in many others.
When you face an intoxicated driving charge in Fort Worth, hire an experienced DWI lawyer with trial experience and successful outcomes. Hire Fulgham Law.
We Take Texas DWI Charges Seriously
Under Texas law, a person commits a driving while intoxicated offense if they operate a motor vehicle in a public place while under the influence of alcohol or other drugs.
Our lawyers understand the devastating results a DWI conviction can cause.
In addition to DWI defense cases, our law firm handles other alcohol-related offenses, including:
- Driving While Intoxicated second offense
- Driving While Intoxicated third or more (felony DWI)
- Intoxication Assault
- Public Intoxication
- Minor in possession of alcohol
Texas DWI Statistics At a Glance
Texas drunk driving laws are the 13th strictest in the nation. Individuals facing DWI charges are facing Texas-tough penalties. Additionally, this state punishes subsequent DWI offenses more severely.
Penalties for a First DWI Offense Are Already Steep
If you face a first DWI charge in Texas, the law allows the following penalties:
- A maximum fine of $2,000.
- A maximum of one year in jail
- Suspension of your driver’s license for up to one year
- An annual fee of $1,000 or $2,000 over a three-year period to retain your driver’s license.
A Second DWI Offense Doubles the Fine and License Suspension Time
If you already have a DWI conviction on your criminal record, you are subject to these possible penalties:
- A fine up to a maximum of $4,000.
- One month to a maximum of one year in jail
- Suspension of your driver’s license for up to two years
- An annual fee of $1,000, $1,500, or $2,000 over a three-year period to retain your driver’s license.
Those Convicted of a Third DWI Pay Five Times the Fine of a First-time Offender
Accused drivers who already have two DWI convictions on their record will face:
- A $10,000 fine
- A maximum of ten years in prison
- Suspension of their driver’s license for up to two years
- An annual fee of $1,000, or $2,000 over a three-year period to retain their driver’s license.
Furthermore, two or more DWI convictions within a five-year period require the installation of a special ignition switch that prevents the vehicle from being operated if it detects alcohol consumption.
Chemical tests of blood alcohol concentration: Did you submit to a blood or breath test following a Fort Worth DWI arrest?
If a police officer in Fort Worth or the surrounding areas arrests you on suspicion of DWI, the officer will usually ask you to submit to a chemical test of blood alcohol concentration (BAC).
While either BAC chemical test may be used, the officer may exercise discretion regarding which type of DWI test to administer. Breath tests are the most common option because portable breath testing devices can be used at the scene of the traffic stop, and a more sophisticated device is usually located at the jail.
When the officer elects to administer a blood test, you usually will be transported to a local hospital to have a blood specimen extracted by qualified medical professionals. When the blood test is performed by qualified technicians in compliance with the applicable procedures and protocols, blood tests are the more accurate measure of BAC level.
Can I refuse to consent to chemical testing of my blood or breath if police arrest me for DWI?
Texas law generally prohibits an officer from forcibly extracting a sample if a motorist refuses to provide a sample. However, the driver will face consequences under the Texas implied consent law if they refuse a BAC test. A few exceptions apply to this rule.
Texas’s implied consent law essentially states that any driver who applies for a driver’s license consents to a BAC chemical test of blood or breath when arrested for DWI. Refusal to comply with the implied consent law could result in an administrative suspension of your driver’s license for 180 days. Also, even if you do not consent to chemical testing of your blood or breath, you may still face prosecution for a DWI.
What if the officer wants to take my blood despite my refusal to give consent?
Even if you refuse to voluntarily provide a blood sample for chemical testing of your BAC level, the officer may seek a warrant to extract blood for such testing. A magistrate may grant the warrant if the officer has probable cause to suspect you drive while intoxicated.
Because extracting a sample of your blood without your consent constitutes a search and seizure under the Fourth Amendment, the officer must comply with the Texas Code of Criminal Procedure in obtaining the warrant based on an affidavit that provides sufficient evidence to constitute probable cause to believe you drove while intoxicated.
Will the court throw out blood test results obtained without my consent or a warrant?
The general rule is that an officer must have a warrant based on probable cause and signed by a magistrate to forcibly extract your blood for a BAC chemical test.
However, Texas law provides a number of exceptions to this general rule, for example, when drivers:
- Have at least two prior convictions for DWI
- Were in an accident where someone was seriously injured or died
- Have a prior conviction for DWI, and they were transporting a child under 15
Those arrested for DWI who are forced to provide a blood specimen for testing should speak to an experienced Fort Worth DWI lawyer. If you have any questions regarding chemical testing of blood or DWI, we invite you to call the experienced DWI lawyers at Fulgham Hampton Criminal Defense Attorneys at (817) 877-3030 to discuss your case.
How much could a Texas DWI charge cost you?
DWI charges do not cost the same for everyone—but in Texas, they are always expensive. Let’s break down the potential costs and explain what the law says.
A while back, a TxDOT billboard near Austin proclaimed that a DWI in Texas costs $17,000.
The link on the billboard told the story of a woman who was arrested for DWI, lost her driver’s license, spent half a day in jail, and was ordered to serve 100 hours of community service and two years of probation. She also had to take alcohol education classes as part of her sentencing.
In this story, the woman also pays attorney fees, court costs, vehicle towing services, and bail bonds.
An independent research team looked into it and discovered that the woman’s story is fiction.
Although the research determined that the story was made up, it also revealed that the $17,000 figure was based on a 2006 study commissioned by TxDOT. The study included 30 interviews of DWI offenders, county clerks, defense attorneys, and prosecutors in 15 different Texas counties.
The report from these interviews showed that first-time DWI offenders can expect to pay anywhere from $5,000 to $24,000 in total costs and that the average cost is somewhere around $13,000. The figure does not include loss of income, the cost of alternate transportation while your license is revoked, higher insurance rates, and counseling fees.
What is the actual cost of a DWI in Texas?
Unfortunately, you cannot know exactly what you will pay for your DWI until your case is resolved. However, we can gather some basic numbers from official sources.
The Cost of a First Conviction for DWI in Texas
A first conviction for DWI will cause you to lose your license for up to one year. You may need to spend between three and 180 days in jail and pay a fine of $2,000. To retain your driver’s license, you must pay an annual fee of $1,000 to $2,000 for three years.
Basic Cost: $5,000 to $8,000
The Cost of a Second DWI Conviction in Texas
A second conviction for DWI will cause you to lose your license for up to two years. You may need to spend between one month and one year in jail and pay a fine of $4,000. To retain your driver’s license, you must pay an annual fee of $1,000, $1,500, or $2,000 for three years.
Basic Cost: $7,000 to $10,000
The Cost of a Third DWI Conviction in Texas
A third conviction for DWI will cause you to lose your license for up to two years. You may need to spend between two to 10 years in prison and pay a fine of up to $10,000. To retain your driver’s license, you must pay an annual fee between $1,000 and $2,000 for three years.
If you have two or more DWI convictions within a five-year period, you must install an ignition interlock device that allows you to drive only if your BAC does not reach a set limit.
Basic Cost: $13,000 to $16,000
Why You Should Seek Legal Counsel for a Texas DWI Charge
These big numbers probably make you feel a little anxious. You may be surprised to learn that hiring a skilled DWI attorney can actually reduce your out-of-pocket costs. In fact, the amount you pay for legal representation will likely be less than the amount you’ll pay if you try to resolve your case on your own. Especially if you wind up with a conviction.
Remember that a DWI charge is different from a conviction. When you speak with an experienced Fort Worth criminal defense attorney, they will review your case and lay out your options, including whether they can help you avoid a costly conviction.
An experienced DWI lawyer can also help you build the strongest possible defense, enabling you to minimize costs while providing you with the best chance to reduce, drop, or dismiss your charges.
The DWI Process
Experienced
At Fulgham Law Firm P.C., our Fort Worth DWI lawyer understands the sense of dread that many people experience when they see flashing red lights in the rearview mirror when driving home after a night of drinking at a local bar, restaurant, club or sporting event. The DWI process has three basic components the law enforcement investigation, administrative driver’s license hearing and the criminal court proceedings. When motorists understand the process, this can make navigating the complex procedures and legal proceedings involved in a Fort Worth DWI criminal case less daunting.
The Law Enforcement Process in Fort Worth DWI Cases
When a law enforcement officer pulls you over and initiates a DWI investigation, it will typically be related to a traffic violation or erratic driving that while not illegal alerts the officer that you might be intoxicated. During the stop, the officer may ask you questions in an effort to get you to admit that you have been drinking or that you are coming from a business that serves alcohol like a bar. While you are required to provide the officer with your license, registration and proof of insurance, you do not need to answer tangential questions about your evening activities.
If you have been drinking, using narcotics or experiencing effects of prescription drugs, admissions that suggest you might be driving impaired will only provide evidence the officer can use as part of his probable cause for an arrest. The officer will be paying as much attention to physical signs of intoxication as any answers provided. The officer is looking for what law enforcement officers consider signs of intoxication which may include red watery eyes, slurred speech, impaired coordination, unsteady gait and breath with the odor of alcohol. While there are many explanations for these physical symptoms, such as illness, the officer may use these observations and any damaging answers that indicate you have been drinking to initiate a DWI investigation.
The DWI investigation essentially is comprised of two components: (1) roadside portable breath testing (PBT); and (2) field sobriety tests. Although you are required to submit to a formal breath test or blood test of your BAC level if you are arrested unless you wish to be subject to an administrative suspension of your driver license, you are under no obligation to submit to a PBT. Further, the purpose of the test like the questions the officer asks during the stop are just a tool to develop evidence of probable cause so there is nothing to be gained by submitting to this roadside breath test. The officer typically will also ask you to perform field sobriety tests (FSTs), but these also are just another way to gather evidence to justify arresting you for DWI. While the officer is likely to arrest you if you refuse to perform a PBT or FSTs, this may deprive the prosecution of potentially valuable evidence.
If you are arrested, the officer typically will transport you to a hospital for a blood test or the police station/jail for a breath test. This formal chemical test of your blood alcohol concentration (BAC) after arrest cannot be declined without consequences that include a mandatory driver’s license suspension even if formal DWI charges are never filed against you. Prior to asking you to submit to either a breath or blood test, the officer will read you a statutory advisory of the consequences of a refusal to submit to BAC testing and the consequences of a test result of .08 percent or above, which also will result in a driver’s license suspension but of a shorter duration than a refusal.
The Administrative Hearing to Challenge Driver’s License Suspension
There are really two cases when you are arrested for DWI in Texas: (1) an administrative hearing regarding suspension of your driver’s license; and (2) the criminal case. If you refuse a formal BAC test or fail the test, the officer will take your license and issue a “Notice of Suspension.” It is important to seek legal advice promptly because you only have fifteen days to submit a request for an administrative hearing to contest suspension of your driving privileges. If you do not request a hearing in a timely manner, you will lose your opportunity to contest the suspension of your driver’s license.
The Texas DPS must establish beyond a reasonable doubt that you were driving while impaired at the administrative hearing which can be an intimidating process. An experienced DWI attorneys can present witnesses, cross-examine the officer and present other evidence. Even if you do not think you will prevail at the administrative hearing, it is advisable to submit your request for a hearing because your attorney may be able to protect your driving privileges, and the hearing can be used to obtain information that can be used in your subsequent criminal case.
The Criminal DWI Court Process
The law enforcement officer for the arresting agency will submit a police report to the office of the prosecutor who will make a decision about whether to formally file charges for DWI. The formal court process in a Fort Worth DWI case will begin with the “Arraignment.” At the arraignment setting, the accused must enter some form of plea, but as a practical matter in most courts, the defendant will not need to formally plead before the judge rather the judge will simply indicate a not guilty plea. The judge also may impose some restrictions on the defendant’s release or bond.
There will be typically be several more hearings that an experienced DWI defense attorney will utilize to review and analyze the evidence against the defendant and to negotiate terms of a potential plea agreement with the prosecutor. A thorough review of the police report, BAC testing results and other evidence will allow your Fort Worth DWI lawyer to develop defense strategies and determine whether the case should proceed to trial. We will explain the evidence against you and the prospects for success at trial.
If the case proceeds to trial, the case could last anywhere from a day to a week depending on whether scientific evidence will be needed because breath or blood testing of BAC was conducted. If you are found not guilty, you can seek to have your record expunged but the case will proceed to the penalty phase if you are convicted. The formal rules of evidence and criminal procedural rules will be observed so you need an experienced Fort Worth DWI attorney. If you have questions about the DWI process in Fort Worth, we invite you to contact the Fulgham Law Firm P.C. at 817-877-3030 for a free consultation with a Fort Worth DWI lawyer.
Call us right now to get help. (817) 877-3030
We've helped hundreds of people in Texas and we can help you too. We'll set you up with a free conversation with Mr. Fulgham which will help you know what to do next. Fulgham Hampton Criminal Defense Attorneys serves Fort Worth and Tarrant county areas.
Contacting the Experienced and Tenacious Fort Worth DWI Lawyers at Fulgham Hampton Criminal Defense Attorneys Is the Only Call You Need to Make
A driving while intoxicated conviction in Fort Worth can affect the rest of your life. You need an aggressive and knowledgeable Fort Worth DWI attorneys to fight for your rights. Whether authorities charged you with your first or subsequent DWI, a conviction could bring jail time, fines, and other devastating consequences.
At Fulgham Law Firm P.C., our Fort Worth DWI law practice is focused on passionately defending the accused. Contact our Fort Worth office now at (817) 877-3030 for a confidential consultation with our experienced DWI attorneys.
Call Us Right Now To Get Help
(817) 813-8013
When You Need a Fort Worth DWI Lawyer That Gets Results, Turn to Fulgham Hampton Criminal Defense Attorneys
If you are currently facing DWI charges, you already have a criminal record. This doesn’t mean you should just give up and accept a conviction and whatever consequences the prosecutor demands.
Call us right now to get help
(817) 877-3030
We’ve helped hundreds of people in Texas, and we can help you, too. Contact our legal team to discuss your pending DWI case. We can explain your options and help you make the best decisions possible. Fulgham Hampton Criminal Defense Attorneys serves the Fort Worth and Tarrant County areas.
Client Testimonial
"Brian Eppes handled my DWI case out of Parker County.
He kept me informed along the way and showed up when I needed him to.
I’d highly recommend him to anyone needing a DWI ATTORNEY" - Christopher G. ⭐⭐⭐⭐⭐
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