Brownsville DUI Lawyer

Driving under the influence of alcohol and drugs is an offense that calls for the services of a knowledgeable and aggressive criminal defense lawyer. DUI is a complex crime due to the various factors at play, including the level of your blood alcohol concentration (BAC) at the time of arrest, your previous DUI convictions, whether there was an accident or injuries, and the presence of minors in the vehicle. These factors can significantly impact the severity of the charges and penalties.

While you may believe that the state holds all the cards against you in a Texas DUI, an experienced lawyer can investigate all aspects of your case, which may reveal flaws and inconsistencies that can negate the charges. 

At The Law Office of Mauricio Garcia, Attorney Garcia knows what to investigate and analyze, from whether your constitutional rights were violated to faulty police protocol to defective testing equipment and more. He knows how to build a defense that can lead to reduced charges, dismissals, or acquittals, depending on the circumstances. 

Learn more about how our Brownsville DUI attorney can defend you by contacting us online or at (956) 395-3314 for a free case evaluation. Hablamos español.

Circumstances Leading to DUI Arrest in Texas

Texas law refers to DUI as “Driving While Intoxicated” or DWI. This is defined as operating a motor vehicle in a public place while intoxicated. Intoxication can result from alcohol consumption, the use of drugs, or a combination of both, impairing your ability to drive safely. 

Specifically, if your blood alcohol concentration (BAC) is 0.08% or higher, you're considered legally impaired. However, you can be arrested even if your BAC is less than that if law enforcement testifies that your physical or mental abilities were impaired, making you an unsafe driver. Drivers under 21 can be arrested for any detectable amount of alcohol found in their system. 

DUI/DWI Charges in Texas

In Texas, a DWI stays on your record forever, which means if you are convicted of a subsequent DWI, you will face steeper penalties with each succeeding conviction. First convictions are generally charged as Class B misdemeanors unless your BAC measured .15 percent or higher, considered an aggravated DWI charged as a Class A misdemeanor. 

Penalties in the first conviction can include:

• Up to 180 days in jail with a minimum mandatory time of 72 hours
• Fines of $2,000 up to $4,000
• License suspension of 90 days up to a year
• DWI education classes
• Community service 
• Probation

A second offense can result in jail time of one month to a year, increased fines, a license suspension for up to two years, and mandatory installation and use of an ignition interlock device in your vehicle.

Third or subsequent offenses become even harsher. They are charged as felonies with a $10,000 maximum fine, two to 10 years in prison, driver’s license loss for up to two years, and other penalties based on the circumstances of your case and the court’s discretion. 

Other circumstances that can aggravate a DWI charge and lead to steeper penalties include DWI with a minor in the vehicle (defined as anyone under 15), driving with an open container, or causing an accident that leads to serious injury or death.