Big Spring, TX DUI Defense Attorney
If you have been arrested for a DWI, there are many important things that you must be aware of. Here at the Law Offices of R. Shane Seaton (Big Spring, TX DUI Defense Attorney), we will represent you to the very best of our ability. We do not judge. Instead, we 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 DWI charge.
It is important that you know the consequences you face if 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 2 years. You could be fined up to $2,000 and can have your license suspended for up to 1 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, if you are convicted of a DWI, the DPS will require you to pay $1,000 every year for 3 years. The judge may also require you to perform community service, install an Ignition Interlocking Device on your car, and pay court costs. In addition to the already discussed punishment, if you are under the age of 21, you may face additional requirements.
If you are convicted of a second DWI, 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 of a second DWI, you could be sentenced to up to 1 year in jail and fined up to $4,000. In addition to the fine, you could also be sentenced to up to 2 years of probation. Even if you receive probation, a judge can still 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 3 years.
A third conviction of DWI carries a sentence of 2 to 10 years in State Prison or the possibility of up to 10 years of felony probation. With probation, the judge could still sentence you to up to 180 days in prison as a condition of receiving probation. In addition, you will also face license suspension and a fine of up to $10,000 and court costs. The judge may also require you to perform community service and DPS will require that you pay an annual fee every year for 3 years.
Administrative License Revocation (ALR)
What is an ALR Hearing?
In addition to you facing a DWI criminal case, you will face a second civil case. This additional case is called an ALR and the State will file this case against you in the county where the DPS arrested you. This case also has serious consequences.
- You can face a suspension of your license for up to 1 year for providing a breath or blood test over 0.08.
- If you refused to provide a blood or breath sample, you face a suspension of up to 2 years.
Additionally, you MUST file your request for an ALR hearing within 15 days of your arrest.
It is Crucial that you Obtain Legal Counsel
It is crucial that you obtain legal counsel to advise you 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 license allows you to drive during specific times of the day so that you are still able to go to work, doctor appointments, and perform necessary duties such as grocery shopping.
How we Combat the Charges Against You
There are several means by which we can combat the charges brought against you. First, we can challenge the reasonableness of the traffic stop and the probable cause of the police officer to make the DWI arrest. Next, we examine the reliability of the breathalyzer (the breath test), the reliability of any blood tests, and the knowledge of the officer to accurately perform field sobriety tests. Finally, Mr. Seaton can also help you determine the credibility of witnesses and research and whether the State has obtained evidence inappropriately.
Contact us to Obtain Legal Counsel
It is extremely important that you are advised of your legal rights when facing a DWI charge. We are equipped to help you.
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.
Call us now if you need an experience DUI defense attorney in Big Spring, TX
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