Are you facing DUI charges? Do you need the legal representation of an experienced criminal defense attorney? If so, contact Law Offices of Mark T. Lassiter, and we’ll fight your charges so that you can move on with your life.
As you know, DUI is a serious offense. In Texas, the penalties are harsh, but you don’t have to accept them as is. You have the right to a rigorous defense.
Don’t try to fight the charges alone. At Law Offices of Mark T. Lassiter, we have the experience, resources, knowledge, and skills to build you a solid defense. We might be able to settle your case out of court. If not, our attorneys are fully prepared to go to trial. We’ll use aggressive tactics to disprove the prosecution’s theory and prove your innocence.
Call (214) 845-7007 to find out how our Collin County DUI defense attorney can help you in a free consultation.
What Is DUI?
DUI stands for driving under the influence. It refers to the charge against an individual who operates a motor vehicle while impaired by drugs or alcohol. Many people use DWI (driving while intoxicated) and DUI interchangeably.
In Texas, it’s illegal to operate a motor vehicle under the circumstances below:
- With a BAC (blood alcohol concentration) of at .08%; or
- While impaired by alcohol or drugs.
There’s also a zero-tolerance law for drivers under 21 years of age. If they operate a motor vehicle with any alcohol in their system, they could be charged with DUI.
Intoxication has a wide range of meanings, but the important part is that intoxication limits physical or mental faculties. Driving with excessive alcohol in your system can cause:
- Blurry vision
- Reduced reaction time
- Poor decision making
- Drowsiness
- Lack of coordination
You Have Rights After an Arrest
Even if the police arrest you for DUI and take you to jail for booking, you still have rights. Both the U.S. and Texas constitutions guarantee you important rights that can protect you from unfair convictions.
There are crucial steps you should take after a DUI arrest to keep your rights intact and give your attorney the best chance of resolving your DUI successfully.
Right to remain silent. You can and should remain silent. Don’t answer the officer’s questions or say anything about the alleged DUI. The only statement you should make is that you won’t answer any questions without your lawyer present.
Right to an explanation. If you ask, the officer must be able to state a valid reason why they pulled you over.
Right to refuse a search. If an officer pulls you over for suspicion of DUI, you don’t have to give them permission to search your car. Under your Fourth Amendment rights, you have protection from illegal searches and seizures. However, if an officer shows probable cause to search your vehicle without a warrant, they can do so.
Right to a lawyer. You can hire a lawyer and have them present during questioning. If you can’t afford a lawyer, you can request one appointed to you.
Right to refuse blood or breath tests. Implied consent laws require drivers to submit to testing after DUI arrests. However, you do have the right to refuse. If you refuse, you’ll face a license suspension for a length of time that depends on whether it’s your first, second, or third offense.
Penalties for Driving Under the Influence in Texas
If you’re arrested for your first DUI offense, the Department of Motor Vehicles could revoke your driver’s license. If you fail or refuse a chemical test, the officer could immediately confiscate your license and issue a Notice of Suspension. You would then have fifteen days to request an administrative hearing to fight the suspension of your license.
If you don’t request a hearing by the deadline, your license will remain suspended for ninety days with the first date starting on the 41st day after your arrest. If you request a hearing, the Notice issued to you by the officer will allow you to continue driving until you attend the hearing.
First offense:
- Maximum of 180 days in jail
- Up to $2,000 fine
- License suspension for 90 days to twelve months
- Install ignition interlock device as a condition of an occupational license
Second offense:
- Maximum of twelve months in jail
- Up to $4,000 fine
- License suspension for 180 days to two years
- Install ignition interlock device for one year (if the first offense was within last five years)
Third offense:
- Maximum of ten years in prison
- Up to $10,000 fine
- License suspension for 180 days to two years
- Install ignition interlock device for one year (if the second offense was within last five years)
If you had a passenger in your car at the time of the offense under the age of 15, you could face the following penalties:
- Maximum of two years in jail
- Up to $10,000 fine
Intoxication assault
If someone is injured as a result of your impaired driving, you could face an intoxication assault charge, which is a third-degree felony. The penalties include:
- Maximum of ten years in prison
- Up to $10,000 in fines
Intoxication manslaughter
If someone dies due to your impaired driving, you could face an intoxication manslaughter charge, a second-degree felony. The penalties include:
- Maximum of twenty years in prison
- Up to $10,000 in fines
Why You Should Hire a Collin County DUI Defense Attorney
The criminal justice system is confusing for anyone without professional training to deal with it. If you don’t know the steps you’ll need to take, you won’t stand a chance of defending yourself.
Law Offices of Mark T. Lassiter will walk you through the legal procedure, so you know what to expect. We’ll explain our defense strategy and keep you informed of our progress throughout your case.
We’ll negotiate with the prosecutor to get the case dismissed and the charges against you dropped. If we can’t reach an agreement, we’ll fight aggressively in court against your DUI charges.
It’s the prosecutor’s job to prove beyond a reasonable doubt that you’re guilty of the alleged crime. That’s a high bar. It’s our job to introduce doubt so that you’re found not guilty.
To find out more about our legal services and schedule a free consultation, call (214) 845-7007 today and speak with our Collin County DUI defense attorney.
