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Fort Worth DWI Lawyer
Charged With Driving While Intoxicated in Tarrant County?
Along our Texas roadways, we see signs that the Texas Department of Transportation posts saying, “DWI – You Can’t Afford It.” This may not be an exaggeration… If your are convicted in Fort Worth of a DWI first offense (with a high BAC) you could be looking at up to a year in Tarrant County jail, $4000 fine, driver’s licenses suspension, thousands of dollars in surcharges, and other serious penalties. The penalties are even worse of “repeat” or “habitual” DWI offenders.
Tarrant County has “No Refusal Weekends” practically every holiday. The Texas legislature is passing harsher laws as they are continuously lobbied by organizations like MADD (Mothers Against Drunk Driving) and TDCAA (Texas District and County Attorney’s Association). If your accused of Driving While Intoxicated, get the help of experienced Fort Worth DWI attorney, and you may be able to avoid or minimize penalties.
James Luster has experience and training to fight any DWI charge. He is committed to staying on the cutting edge of DWI defense. Not only has James defended DWI cases, but he has also prosecuted DWI cases. He knows how the government will try to present the DWI case against you, and he is ready to battle them every step of the way. James is well versed in the Standardized Field Sobriety Tests (SFST). He has undergone hours of training in the classroom, in the courtroom, and in the field. Whether the evidence against you is field sobriety test, breath specimen, or a blood specimen, James is ready to fight to win your case. He will attack the government’s case starting with the first time the cops laid eyes on your car until they had you booked into jail.
Your fight against a DWI charge has many smaller battles along the way. This includes trying to avoid a driver’s license suspicion. James is ready to jump on your case and fight the administrative process to keep your driver’s license while the case is pending and after resolution. He will help you get an occupational driver’s license if your license has already been suspended.
Do you need a DWI criminal defense attorney?
Deciding to just “take your lumps” can lead to a great deal of trouble later in life. Many counties, including Tarrant County, will use prior DWI convictions that are more than 25 years old to enhance the punishment and grade of offense for people newly accused of DWI. DWI cases require a skilled and experienced criminal defense attorney.
In many ways, DWI is treated like a felony despite the fact the first two convictions are only misdemeanors. Cops are trained to start building a case against you the second they see your car. Everything you say and do is likely being recorded. So, the police use what are called “Field Sobriety Tests” to create evidence on the recording. These tests require you to do a variety of tasks that people do not do in their normal daily lives, but later prosecutors will argue that your performance on these tests indicate a loss of normal mental or physical faculties. After making you do these tests on the roadside you will be asked to provide a breath or blood specimen. Generally, the best thing to do is be very polite and decline any tests (roadside or jailhouse). Do not let them manipulate you into providing them with evidence that can be twisted around to convince a jury that you were DWI.
Texas DWI Laws and Penalties
First Offense DWI (Class B Misdemeanor):
- Up to $2000 fine
- Minimum 72 hours in jail (MANDATORY)
- Maximum 180 days in jail
- Up to 2 years Probation if eligible
- Up to $4000 fine
- Minimum 30 days in jail (MANDATORY)
- Maximum 1 year in jail
- Up to 2 years Probation if eligible
- Up to $4000 fine
- Minimum 30 days in jail (MANDATORY)
- Maximum 1 year in jail
- Up to 2 years Probation if eligible
- Up to $10,000 fine
- Minimum 2 years in jail (MANDATORY)
- Maximum 10 years in jail
- Up to 10 years Probation if eligible
There are circumstances that could result in an ENHANCED FELONY DWI charge and enhanced penalties if you are convicted: DWI With Child Passenger (State Jail Felony):
- Up to $10,000 fine
- Minimum 6 months in State Jail Facility (MANDATORY)
- Maximum 2 years in State Jail Facility
- Up to 5 years probation if eligible
- Cause serious bodily injury to another person as a result of operating a motor vehicle or watercraft while intoxicated
- Up to $10,000 fine
- Minimum 2 years in prison (MANDATORY)
- Maximum 10 years in prison
- Up to 10 years probation if eligible
- Cause the death of a person as a result of operating a motor vehicle or watercraft while intoxicated
- Up to $10,000 fine
- Minimum 2 years in prison (Mandatory)
- Maximum 20 years in prison
- Up to 10 years probation if eligible
Texas DUI (Driving Under the Influence) Punishment
For minors convicted of operating a motor vehicle with any detectable amount of alcohol:
First and Subsequent DUI Convictions: A first time DUI conviction is a Class C Misdemeanor. It carries with it a fine that is not to exceed $500.00. It is important to note that if an individual charged with a DUI has 2 prior convictions for DUI, the punishment goes up dramatically. The fine for an individual with 2 previous convictions is not less than $500.00 and not more than $2,000.00. In addition, a judge may give that individual a jail sentence of up to 6 months. In addition to fines and possible jail time, the Department of Public Safety will suspend an individual's license.
Intoxication Manslaughter in Tarrant County
When a person is facing charges of intoxication manslaughter in Texas, they likely have engaged in the exact same conduct as a person who has been arrested for their first DWI. That DWI conduct may have caused the worst possible outcome, someone died. Texas Penal Code § 49.08 says person commits the crime of Intoxication Manslaughter if the person:
- Operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
- Is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
Generally intoxication manslaughter is a Second Degree Felony, but is a First Degree Felony if it is shown on the trial of the offense that the person caused the death of a person that is a peace officer, a firefighter, or emergency medical services personnel while in the actual discharge of an official duty. These cases are complex and emotional.
In many respects, an intoxication manslaughter case is much like a DWI, but the fact that someone has lost their life creates a variety of complexities and sensitivities. Whereas a DWI probably does not have a “victim,” intoxication manslaughter cases obviously are connected to a death and to others impacted by that death. A skilled criminal defense attorney has to work to separate the emotion from the actual facts in an intoxication manslaughter case. Fort Worth Intoxication Manslaughter Attorney James Luster is a skilled trial lawyer and negotiator that will fight the State’s tendency to propel the case with emotion and passion.
Intoxication manslaughter cases require a great deal of legal strategy from the very beginning. If you’re facing these very serious charges of intoxication manslaughter do not wait, call James Luster so he can help you to start building a case. There is no doubt the government is building their case against you. Get a skilled Criminal Defense Attorney to start developing your defense.
Second Degree Felony
If intoxication manslaughter is charged as a second-degree felony then you may be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. Further, as with any second-degree felony, you may be punished by a fine not to exceed $10,000. Probation is a possibility for intoxication manslaughter; however, deferred adjudication is not an option under Texas law. This means if you are placed on any kind of probation for intoxication manslaughter you will forever have a felony conviction. The long-term implications of an intoxication manslaughter charge are something you should talk with a skilled criminal defense attorney about.
First Degree Felony
If the intoxication manslaughter charge is filed as a first degree felony (because the State alleged that you caused the death of a person that is a peace officer, a firefighter, or emergency medical services personnel while in the actual discharge of an official duty) then the intoxication manslaughter punishment may be imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. Further, an individual that is judged guilty of a first-degree felony charge of intoxication manslaughter may be punished by a fine not to exceed $10,000. Like with a second-degree felony charge of intoxication manslaughter, probation is a possibility; however, deferred adjudication is not an option under Texas law. This means if you are placed on any kind of probation for a first-degree intoxication manslaughter charge you will forever have a felony conviction.
The long-term consequences of an intoxication manslaughter charge is something you should speak with a skilled criminal defense lawyer about. Call our Fort Worth criminal law office to discuss your Intoxication Manslaughter charges.
