No matter the time of year, driving while under the influence of drugs or alcohol is considered a serious criminal offense. However, law enforcement officers in the state of Texas particularly crack down on these cases on Halloween night. So, if you, unfortunately, received a DWI offense during this holiday, then you must take the proper measures to defend yourself. Follow along to find out what happens if you receive a DWI and how a proficient Kaufman County, Texas DWI lawyer at Harrell & Paulson, LLP, can help you build a legal strategy.
What if I Received a DWI Offense on Halloween Night?
Even if this is your first-offense DWI, the penalties you are facing can be quite severe. They read as follows:
Jail time for, at most, 180 days.
Fines that total $2,000.
Sometimes, after hearing your case, the Texas courts may raise this to fines that total $3,000 to $6,000.
A suspended license for, at most, one year.
An ignition interlock device (IID) in your vehicle.
Enrollment in a DWI education or alcohol treatment program.
Inevitably, as a repeat offender, the penalties for a second-offense DWI are escalated. They read as follows:
Jail time for, at most, one year.
Fines that total $4,000.
A suspended license for, at most, two years.
An IID in your vehicle.
Enrollment in a DWI education or alcohol treatment program.
And lastly, a third-offense DWI is the most serious charge of the three. This offense comes with life-altering penalties, with jail time almost guaranteed. They read as follows:
Jail time for, at most, 10 years.
Fines that total $10,000.
A suspended license for, at most, two years.
An IID in your vehicle.
Enrollment in a DWI education or alcohol treatment program.
Can I Defend Against My DWI Offense?
If you believe that you were wrongfully accused of a DWI on Halloween night, then you must do everything in your power to fight against it. For this, you must look back on what happened when the law enforcement officer pulled you over for suspicion of driving while intoxicated.
For example, sometimes what happens is that a law enforcement officer improperly conducts field sobriety tests. This defense is applicable to you if you are able to prove any one of the following:
They did not read the full test instructions to you.
They did not provide a full demonstration of the test for you.
They did not disclose that you can remove your high heels for the test.
They did not consider the health-related issues that may have hindered your performance on the test.
If your field sobriety tests were improperly conducted, or if it was otherwise an illegal stop, you must seek legal representation from a talented Kaufman County, Texas criminal defense lawyer today.
