TEXAS DRIVING WHILE INTOXICATED (DWI / DUI)


Dallas/Fort Worth DWI Defense Lawyer 

Being charged with a DWI can be one of the most traumatizing experiences a person may ever go through. More importantly, a conviction for DWI can have devastating consequences that can impact your future. However, DWI Attorney Zach Ferguson can help you mitigate the damage already done to help you move on with your life.

At The Law Office of Zach Ferguson, PLLC, we zealously advocate for our clients to ensure their rights are protected. Every situation is different and Mr. Ferguson will thoroughly review all the facts with his clients to make sure we prepare the most effective defense. Attorney Zach Ferguson is readily available to all his clients throughout the course of their case. We pride ourselves in client satisfaction and we stand by our clients every step of the way
.


Protect your rights and contact us today for a free consultation.

Call 
(817) 566-5879

A DWI arrest can happen to anyone. Many people find themselves facing a DWI charge when they’ve had “a few drinks after work.” The Law Office of Zachary K. Ferguson, II believes that the best practice is to always designate a driver.

It’s possible to beat a drunk driving charge.
If an officer pulls you over, and smells alcohol on your breath, you are most likely going to be arrested for drunk driving, no matter how great you feel, or how few drinks you have had.

The officer will most likely ask you to take a breathalyzer test, or some other standard field sobriety test. You may be asked to submit to a blood sample test. Most DWI Attorneys will advise you to refuse to blow, and refuse to give a blood sample.

If it reaches this point, it is too late. You are most likely going to be arrested, taken to jail, and charged with drunk driving. And voluntarily submitting to a breath or blood test, when no warrant is present, is voluntarily agreeing to help the police build evidence against you.

You are under no legal obligation to help the police gather evidence against you
. You have the right to remain silent, you have the right to refuse a breath or blood test when no warrant is present.

Call now to protect your rights – (817) 566-5879.
DWI Arrest - Attorney Zach Ferguson
TEXAS DWI LAW

According to the Texas Penal Code 49.0:

A person commits an offense of driving while intoxicated if the state proves:

Defendant was intoxicated, while operating, a motor vehicle, in a public place.


What these terms mean:

1. The Defendant was intoxicated:
The State can prove this three ways:

a) through chemical (breath, blood, urine) testing that shows a 0.08 blood-alcohol concentration test result, or

b) by proving a defendant did not have his normal use of his mental faculties due to alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body

c) by proving a defendant did not have his normal use of his physical faculties due to alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body

2. While operating:

The State must “wheel” a defendant. They must prove the person was behind the wheel of a motor vehicle at the time they were intoxicated. Usually, this means that the keys are in the ignition, and the car is able to be operated while the defendant is in the vehicle.

3. A motor vehicle:
Any vehicle with a motor.

4. In a public place:
Texas Penal Code 49.04(a) defines a public place as:

“any place to which the public or a substantial group of the public has access to and includes, but is not limited to, streets, highways and the common areas of schools, hospitals and apartment houses, office buildings, transport facilities and ships.”

The potential punishment for a DWI in the State of Texas varies based on the nature of the charge.

DWI 1st Offense
A first time DWI under 0.15 BAC is a Class B Misdemeanor. The punishment range on a first time DWI is from a $0 to a $2000 fine and from 3 to 180 days in jail.

A first time DWI with 0.15 BAC or higher is treated much like a Class A Misdemeanor. The punishment range on a second DWI is from $0 to a $4000 fine and from 72 hours to 1 year in jail.

DWI 2nd Offense
A second DWI is a Class A Misdemeanor. The punishment range on a second DWI is from $0 to a $4000 fine and from 72 hours to 1 year in jail.

DWI 3rd Offense or higher
A third DWI is a 3rd degree felony. The punishment range on a third DWI is from $0 to a $10,000 fine and from 2 years to 10 years in the Texas Department of Corrections.


Protect your rights and contact us today for a free consultation.

Call us at
(817) 566-5879 .
It is important that you get advice from an attorney immediately after you have been accused of driving while intoxicated!

The State of Texas has created certain timelines for the suspension of your driver’s license. By contacting an attorney you may be able to avoid a suspension of your driver’s license.  If your license is suspended, you may still be allowed to drive by obtaining an Occupational Driver’s License (ODL) , which will allow you to drive to work, and perform essential household necessities. The Law Office of Zach Ferguson, PLLC can help you in obtaining this, as well.

If you are convicted of the criminal offense of DWI, your driver’s license may be suspended for 90 days or more. However, even before you are criminally charged, there may be an administrative hearing to temporarily suspend your license based on your breath test results. Our attorneys can represent you both on the criminal charges and the administrative hearing.

In addition to the punishment that the State of Texas imposes upon you, the Texas Department of Public Safety also assesses a surcharge to your driver’s license for any conviction for a DWI. The amount of the surcharge varies depending on the facts of the DWI. At a minimum, you can expect a $1000 a year for 3 years to be assessed to your driver’s license.

Our DWI lawyer represents clients on the following types of alcohol related offenses:

Driving While Intoxicated (DWI)
Driving Under the Influence (DUI)
DWI with Child Passenger
Boating While Intoxicated (BWI)
Drivers License Hearings
Public Intoxication (PI)
Administrative License Revocation (ALR)
Suspensions and Hearings from Drunk Driving
Felony DWI
Intoxication Assault
Intoxication Manslaughter
Failure to Stop and Give Information (FSGI)
Failure to Stop and Render Aid (FSRA)
Hit and Run


Attorney Zach Ferguson represents clients facing DWI charges throughout the State of Texas including the counties of: Tarrant, Dallas, Denton, and Collin.


DWI Tarrant County