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Mounting an Effective DWI Defense

Mounting an Effective DWI Defense Texas law grants you specific rights if you have been arrested for driving while intoxicated (DWI) or driving under the influence (DUI) of drugs or alcohol. Matthew Gallagher is a licensed and well-credentialed Houston DWI attorney who can protect your rights throughout the legal process. By seeking legal counsel as soon as possible after your arrest for DWI or DUI, you can often avoid serious missteps that could damage your case.

The penalties for DWI offenses in the state of Texas vary depending on the number of prior convictions one has and on certain other factors.

  • First offenses can incur penalties of up to six months in jail, fines of up to $2,000 and suspension of driving privileges for up to one full year.
  • Second offenses can lead to one year in prison, fines up to $4,000 and a suspended license for as long as two years.
  • Third and subsequent offenses are punishable by up to 10 years in prison, fines of as much as $10,000 and loss of Texas driving privileges for up to two years.

If a child under the age of 16 is a passenger in the car, a first-time DWI offense can potentially lead to two years in state prison and a fine of up to $10,000. DWI convictions remain on your criminal record for the rest of your life and can seriously impact your ability to obtain employment. Mounting a solid defense against these charges can help prevent these consequences and can protect your legal rights and privileges after a DWI arrest.

Time is of the essence when seeking legal counsel. Texas drivers have only 15 days from the date of arrest to request a hearing to contest and potentially prevent the automatic Administrative License Revocation (ALR) from being imposed. Texas imposes automatic driver’s license suspensions on anyone arrested for an intoxication related offense. The Administrative License Revocation (ALR) suspension period is typically 90 days. A suspension of 180 days will apply if a breath or blood sample was requested and the arrested individual refused to provide one. If a hearing is not requested within the 15-day period, drivers will automatically lose their right to drive 40 days after the date of the DWI incident.

Regardless of whether a breath or blood test was performed at the time of the arrest, enlisting the services of a qualified Houston DWI attorney can produce a more favorable result for the accused. Matthew Gallagher is a knowledgeable and effective Houston DWI lawyer with a record of success for his clients. The Standardized Field Sobriety Tests (SFSTs) developed by the National Highway Traffic Safety Administration (NHTSA) are notoriously unreliable and can often be discredited in the courtroom setting; these common testing procedures can be inaccurate by as much as 35 percent depending on the test.

Matthew Gallagher can work with you to provide the most effective defense against your DWI charges. In some cases, he can obtain a dismissal of the charges before the case is brought to trial or can negotiate a plea agreement to a lesser offense. If the case does go to trial, Matthew Gallagher will explore every avenue to protect your driving rights and to avoid a DWI conviction on your permanent criminal record.

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