There are many important things you should be aware of if you have been arrested for DWI. Here at the Law Offices of R. Shane Seaton, we will represent you to the very best of our ability. We do not judge, instead we will aggressively pursue your best interest at all times. It is our desire to give you the attention, advice and compassion you need when facing a charge such as a DWI.
It is important that you know the consequences you will face if you are convicted of a DWI:
Conviction for a first time DWI offense carries a penalty of up to 180 days in jail, or probation for up to two years. You could be fined up to $2,000 and can have your license suspended for up to a year. The penalties even for a first offense are serious. A conviction will always remain on your record. Even probation, which is expensive, will remain on your record forever. In addition to fines, you will also be required by DPS to pay $1,000 every year for three years if you are convicted of a DWI. Community service, the installation of an Ignition Interlocking Device on your car, and the payment of court costs are other requirements that may be made of you. If you are under the age of 21, you may face additional requirements.
If you are convicted of DWI 2nd, you potentially face even more serious charges. It does not matter how long ago or in what state your first offense occurred. If you are convicted, you could be sentenced to up to 1 year in jail and fined up to $4,000.00. You could also be sentenced to up to 2 years of probation, but even if you receive probation, a judge can sentence you to up to 60 days in jail. DPS will attempt to suspend your license, and will require that you pay an annual fee every year for three years.
A third conviction of DWI carries a sentence of 2 to ten years in State Prison or the possibility of up to 10 years of felony probation. With probation, the judge could sentence you to up to 180 days in prison as a condition of receiving probation. You will also face additional license suspension and a fine of up to $10,000, plus court costs. You may also be required to perform community service and DPS will require that you pay an annual fee every year for three years.
Administrative License Revocation (ALR)
In addition to a DWI criminal case, a civil case, called and ALR, will be filed against you in the county where you were arrested by DPS. It too has serious consequenses. You face a suspension of your license for up to 1 year for providing a breath or blood test over 0.08 and a suspension of up to 2 years for refusal to provide a breath or blood sample. Additionally, you MUST file your request for an ALR hearing within 15 days of your arrest.
It is crucial that you are advised on how to proceed with your ALR hearing. Mr. Seaton can defend you at the ALR hearing. If your driver’s license is suspended, we can ask the judge to issue you an Occupational Driver’s License. This will allow you to drive during specific times during the day so that you are still able to go to work, doctor appointments, and perform necessary duties such as grocery shopping.
There are several means by which we can combat the charges brought against you. We can challenge the reasonableness of the traffic stop and the probable cause of the police officer to make the DWI arrest. We can also examine the reliability of the breathalyzer (breath test), the reliability of any blood tests, and the knowledge of the officer to accurately perform field sobriety tests. Mr. Seaton can also help you determine the credibility of witnesses and research whether evidence has been obtained inappropriately.
Mr. Seaton is a dedicated advocate. If the evidence against you is overwhelming, he can negotiate with the prosecutor in an attempt to obtain a reduced fine, sentence or charge on your behalf.
It is extremely important that you are advised of your legal rights when facing a DWI charge. We are equipped to help you.
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