Being arrested for DWI in Southlake, Texas, can disrupt your entire life. You may worry about the potential repercussions, such as having your driver's license taken away, paying significant fines, or even facing jail time.
You shouldn't have to go through the legal system alone during this difficult period. The seasoned Southlake DWI attorneys at Fulgham Hampton Criminal Defense Attorneys, understand your challenges and are dedicated to protecting your rights.
Southlake DWI Guide
- Why Choose Our Southlake DWI Lawyers?
- Texas Law Allows for Serious DWI Penalties
- Building a Strong Defense Against DWI Charges in Texas
- What to Do After a DWI Arrest in Southlake
- Choosing Fulgham Hampton Criminal Defense Attorneys
Why Choose Our Southlake DWI Lawyers?
If you're facing a DWI charge in Southlake, you need to have a law firm with the experience, skill, and dedication necessary to craft a compelling defense strategy.
The Fulgham Hampton Criminal Defense Attorneys team includes former prosecutors who have handled a wide range of DWI cases. We know the tactics employed by the prosecution, enabling us to anticipate their strategies and develop effective countermeasures to safeguard your interests.
We have a proven track record of success in getting dismissals of DWI charges, securing not-guilty verdicts at trial, and negotiating favorable plea agreements whenever possible.
Our attorneys have over 85 years of collective criminal law experience and have represented clients in more than 550 jury trials across Texas. When you choose Fulgham Hampton Criminal Defense Attorneys, you can confidently believe your case is in capable hands.
Texas Law Allows for Serious DWI Penalties
The penalties for a DWI conviction in Texas can be severe, and the specific consequences you face will depend on factors such as your blood alcohol content (BAC) at the time of the arrest, any prior DWI convictions on your record, and whether anyone suffered an injury as a result of your alleged actions.
Even for a first-time DWI offense, you can face:
- Fines up to $2,000
- A jail sentence of up to 180 days
- Driver's license suspension for up to one year
Repeat offenders are subject to even more serious penalties, including lengthier jail sentences, higher fines, and longer driver's license suspensions.
Our knowledgeable Southlake DWI attorneys can guide you in understanding the specific penalties you may be facing and devise a strategy to minimize the impact on your life.
Building a Strong Defense Against DWI Charges in Texas
Many people mistakenly believe that if law enforcement arrests them for DWI, a conviction is inevitable. However, this is not necessarily the case. There are several strategies for fighting a DWI charge.
The skilled attorneys at Fulgham Hampton Criminal Defense Attorneys have the experience to determine the most effective approach for your unique situation.
Some potential defenses against a DWI charge include:
Challenging Your Traffic Stop and Arrest
For a police officer to pull you over on suspicion of DWI, they must have a valid reason. This means they must have probable cause or reasonable suspicion that a crime, such as intoxicated driving, is being committed.
Probable cause refers to a clear and specific reason to believe that a crime has occurred, while reasonable suspicion is a well-founded belief based on facts and circumstances that criminal activity is occurring.
If the officer lacked probable cause or reasonable suspicion to initiate the traffic stop, the court may rule any evidence obtained during the stop is inadmissible. This is because the Fourth Amendment of the United States Constitution protects citizens against unreasonable searches and seizures.
An officer conducting a traffic stop without a valid reason violates the driver's constitutional rights.
Several examples of unlawful reasons for a traffic stop exist that may serve as grounds to challenge the legality of the stop.
One such example is racial profiling, which occurs when an officer pulls over a driver based solely on their race, ethnicity, or national origin without any indication of criminal activity. This practice is not only unconstitutional but also a form of discrimination.
Another unlawful reason for a traffic stop is when an officer pulls over a vehicle based on a mere hunch or gut feeling, without any specific facts or circumstances to support their suspicion.
For example, an officer may pull over a driver simply because they look suspicious or driving late at night in a high-crime area. Police do not base these unlawful stops on any legitimate evidence of wrongdoing.
In some cases, officers may use a minor traffic violation, such as a broken taillight or an expired registration, as an excuse to investigate a suspected DWI.
While officers may pull over a driver for a traffic violation, they cannot use this as a pretext to conduct a more extensive investigation without additional evidence of impairment.
If the officer extends the stop beyond what is necessary to address the initial traffic violation without reasonable suspicion of a DWI, the court may find it lacked probable cause.
At Fulgham Hampton Criminal Defense Attorneys, our experienced Southlake DWI lawyers can thoroughly examine the circumstances surrounding your traffic stop to determine if there are grounds to challenge its legality.
Even if the initial traffic stop was lawful, the officer must still have probable cause to arrest you for DWI. Probable cause refers to sufficient evidence that would lead a reasonable person to believe a crime has taken place.
If the officer did not have probable cause to make the arrest, any evidence obtained after the arrest may be inadmissible in court.
Examples of a lack of probable cause include:
- The officer did not observe any signs of impairment, such as slurred speech or unsteady balance
- The officer did not administer field sobriety tests or did not conduct them properly
- The officer relied solely on the odor of alcohol as grounds for the arrest
Our Southlake DWI attorneys can argue that there was a lack of probable cause for your arrest. We can seek to have any evidence obtained after the arrest suppressed.
Questioning the Accuracy of Field Sobriety Tests
Law enforcement officers frequently use field sobriety tests, such as the walk-and-turn or the one-leg stand test, to determine if a driver is impaired.
However, various factors can influence these tests' reliability, including:
- The driver's age, weight, or physical condition
- The road or weather conditions at the time of the test
- The officer's subjective interpretation of the driver's performance
Our attorneys can challenge the validity of the field sobriety tests and argue that they do not provide definitive evidence of impairment.
Disputing the Results of a Breathalyzer or Blood Test
Breathalyzer and blood test results are often the most compelling evidence of a driver's impairment. However, individuals can challenge these tests in court as they are not infallible.
Some potential issues with breathalyzer tests include:
- Improper calibration or maintenance of the testing device
- Operator error or lack of proper training
- The presence of mouth alcohol, which can lead to falsely elevated readings
Challenges to blood tests can also arise from issues such as:
- Improper storage or handling of the blood sample
- Contamination of the sample
- Discrepancies in the chain of custody documentation
Our skilled Southlake DWI attorneys can dispute the results of a breathalyzer or blood test and argue against their admission as evidence in your case.
What to Do After a DWI Arrest in Southlake
If you face a DWI arrest in Southlake, there are several steps you can take to protect your rights and enhance your chances of a favorable outcome:
Contact a DWI Attorney As Soon As Possible
One of the most important steps after a DWI arrest is to contact a skilled DWI lawyer immediately. The sooner you have legal representation, the better your chances of building a strong defense.
A Southlake DWI attorney can:
- Explain the charges against you and the potential consequences of a conviction
- Investigate the circumstances of your arrest and identify any weaknesses in the prosecution's case
- Advise you on the best course of action based on the specific facts of your case
- Represent you in court and negotiate with the prosecution on your behalf
Any delays in seeking defense help can hurt your case. Evidence may be lost or destroyed, and witnesses' memories may fade. You can ensure your case is handled properly by contacting a DWI lawyer.
Have Our Attorneys Request an Administrative License Revocation (ALR) Hearing
If you face a DWI arrest in Texas, your driver's license will automatically be suspended unless you request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This hearing stands apart from your criminal case, which the Texas Department of Public Safety (DPS) conducts.
At the ALR hearing, you can contest the suspension of your driver's license. We can present evidence and argue on your behalf that the suspension is not warranted.
If you do not request an ALR hearing within the 15-day deadline, your driver's license will be automatically suspended 40 days after your arrest. By requesting a hearing, you can avoid or delay the suspension of your license, allowing you to continue driving while your criminal case is pending.
Gather Evidence That May Be Helpful to Your Case
As your Southlake DWI lawyers, we will work together to gather any evidence that may help your defense, such as:
- Witness statements from individuals who can testify about your behavior before or during the arrest
- Receipts or credit card statements showing how much alcohol you purchased or consumed
- Videos or photographs from the scene of the arrest or the police station
- Medical records documenting any health conditions that may have affected your performance on field sobriety tests
We can use this evidence to challenge the prosecution's case and build a compelling defense on your behalf. The more evidence you have to support your case, the better your chances of achieving a favorable outcome.
Follow Court Orders and Conditions of Release
After a DWI arrest, authorities may release you on bail or your recognizance, but with certain conditions attached.
These conditions may include:
- Attending alcohol education or treatment classes
- Installing an ignition interlock device on your vehicle
- Submitting to random drug or alcohol testing
- Refraining from consuming alcohol or drugs
Follow all court orders and conditions of release while your case is pending. Failing to do so can result in additional charges, revocation of your bail, or other negative consequences.
Following these conditions can also demonstrate to the court that you are taking your case seriously and are willing to make positive changes in your life. This may help your case in the long run.
Work With Our DWI Defense Attorneys
Your DWI lawyer is your advocate, dedicated to achieving the best possible outcome in your case. To do this effectively, they need to have a complete and accurate understanding of the facts of your case.
Be honest with your Southlake DWI attorney about all aspects of your case, including:
- The amount of alcohol you consumed before the arrest
- Any medications or drugs you were taking at the time of the arrest
- Any prior criminal convictions or arrests
- Any witnesses or evidence that may be helpful or harmful to your case
Remember, the attorney-client privilege protects your communications with your Southlake DWI lawyer. They cannot reveal them to anyone else without your permission. Being honest with your Southlake DWI lawyer lets them provide you with the best representation and advice.
Taking these steps after a DWI arrest can significantly improve your chances of a favorable outcome in your case.
By contacting a skilled Southlake DWI lawyer immediately, requesting an ALR hearing, gathering evidence, following court orders, and being honest with your attorney, you can build a strong defense and protect your rights throughout the legal process.
Choosing Fulgham Hampton Criminal Defense Attorneys
When facing a DWI charge in Southlake, you need a law firm that will fight tirelessly to protect your rights and future. Fulgham Hampton Criminal Defense Attorneys have the experience, knowledge, and dedication to provide you with the aggressive defense you need during this challenging time.
Don't let a DWI charge in Southlake have more serious effects on your life than necessary. Contact Fulgham Hampton Criminal Defense Attorneys today at 817-877-3030 for your free case evaluation. Let us minimize the effects of your DWI case on your future.