The Law Offices of Carl David Ceder places a specific focus relating to charges relating to Driving While Intoxicated and other alcohol-related offenses. In every case Carl will work hard to get your DWI charge either dismissed, reduced to a lesser charge, or have you found "Not Guilty" at trial. There are a number of issues to consider when facing a DWI arrest and/or conviction in Texas. The penalty for DWI can be very severe and one should consider a variety of issues when placed in this situation. Carl has the ability to fight EVERY DWI charge and will give you a GREAT chance to WIN. That is why he is committed to always staying on the cutting edge of DWI defense. Carl received the same training the officers received and is a Certified NHTSA practitioner in Field Sobriety Testing, is a certified operator of the Intoxilyzer 5000, and has received advanced training in the Horizontal Gaze Nystagmus (HGN) testing. Carl has also received advanced training in DWI Blood Testing.
The punishment for a DWI conviction can include possible jail time, probation, differing fines and/or court costs, community service, as well as a possible license suspension. If an individual is a CDL holder, the consequences can have even be more severe. It is important to contact and utilize an attorney who can effectively analyze your case to try and obtain the best possible outcome.
Because of the severity of a DWI conviction on your driving record, every case is worth fighting. The conditions attached to the punishment can involve a variety of classes and community service which can be expensive and time consuming. The DPS surcharge on a DWI conviction is a minimum of $1,000 per year for a three-year period ($1,500 per year if a breath test over .15 is involved). Read here on how a chemical test over a .15 will be classified as a Class A Misdemeanor.
In addition, you can expect drastic increases in your automobile insurance, health insurance, and life insurance. A DWI conviction can cause employment problems (sometimes even termination), or elimination from future desired job opportunities. There is no DWI case that is a guaranteed winner or loser for either side. However, remember that no one receives a verdict of "Not Guilty" after entering a plea of either Guilty or No Contest.
The reality is that often even the worst DWI cases can be dismissed or even won at trial. It's important to note that even cases where there is an abundance of damaging evidence, such as a chemical test, a vehicle accident, bodily injury, a bad video, or incriminating statements, can still be successfully defended if you hire a competent and experienced DWI Defense Attorney.
A DWI, like many other crimes, does not revolved around whether someone was indeed intoxicated. Rather, criminal cases, and espeically DWI cases, are about "what the state can prove." Determining the exact strength of the state's evidence is the key role an experienced Criminal Defense & DWI Defense attorney plays in the process.
Many cases can also be won based on procedural issues or administration issues that will keep the evidence out of the jury's consideration. Often the investigating officers violated required protocol when admintering the roadside and/or chemical tests, or they may have based a traffic stop on insufficient grounds. An experienced DWI Defense Attorney will closely evaluate a case, analyze the evidence, and then begin to dismantling the strength of the State's case so that they are forced to reevaluate their intent to prosecute the matter.
Penalties for DWI:
1st offense: A first-offense conviction for DWI includes a fine not to exceed $2,000 and/or the possibility of serving jail time from 3 days to 180 days, and a driver's license suspension of 90 (if you submit to a chemical test) to 180 days. (Class B Misdemeanor) *Note, now a chemical test "at the time of test" over a .15 will be classified as a Class A Misdemeanor. Read more about the New Texas law here.
2nd offense: A second-offense for DWI includes a possible maximum fine not to exceed more than $4,000 and/or jail from 30 days to one year, and a possible driver's license suspension ranging from 180 days to 2 years. (Class A misdemeanor)
3rd offense: (Texas Penal Code §49.09) A possible fine up to $10,000 and/or 2 to 10 years of imprisonment, and suspension of your driver's license ranging from 180 days up to 2 years (3rd degree felony)
Intoxication Assault: If convicted,a person may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000
Intoxication Manslaughter: If convicted, a personmight have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (if enhanced as a result of Deadly Weapon can be a 2nd degree felony)
DWI with Child Passenger: A person can be charged with a state jail felony if they are convicted of a DWI while there is another person in the vehicle who is under 15 years of age. Punishment for a non-enhanced state jail felony is by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000
If you are in need of a driven, skilled, and knowledgeable DWI Defense attorney, please call The Law Offices of Carl David Ceder, PLLC at 214.702.CARL (2275) now.