Understanding DWI and DUI Charges in Texas
Driving while intoxicated (DWI) and driving under the influence (DUI) charges in Texas carry serious legal consequences. Whether it’s a first-time offense or a repeat charge, individuals facing these allegations need aggressive and knowledgeable legal representation. Mike Kohler Esq., a top criminal defense attorney in Houston, specializes in defending clients against DWI, DWI 2nd, and DUI charges.
Texas has strict laws regarding impaired driving, and understanding these distinctions is crucial:
- DWI (Driving While Intoxicated): Applies to drivers 21 and older operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.
- DWI 2nd: A second DWI offense, carrying harsher penalties, including increased fines, longer license suspensions, and potential jail time.
- DUI (Driving Under the Influence): Reserved for drivers under 21 years old, who can be charged with DUI for having any detectable alcohol in their system. It also includes driving while impaired by recreational drugs or prescription drugs.
Each of these charges can have lasting effects on a person’s record, employment, and driving privileges. That’s why securing experienced legal defense from Mike Kohler Esq. is crucial.
Penalties for DWI, DWI 2nd, and DUI in Texas
The consequences of a DWI or DUI conviction in Texas can be severe. Here’s a breakdown of the penalties for each offense:
First-Time DWI Offense
- Fine: Up to $2,000
- Jail Time: 3 days to 180 days
- License Suspension: Up to 1 year
- Annual Surcharge to Retain License: Up to $2,000 for three years
- Mandatory Education Programs: Alcohol education and possible installation of an ignition interlock device (IID)
Second DWI Offense (DWI 2nd)
- Fine: Up to $4,000
- Jail Time: 30 days to 1 year
- License Suspension: Up to 2 years
- Annual Surcharge to Retain License: $2,000 per year for three years
- Mandatory IID Installation: Required for license reinstatement
DUI (Under 21 Years Old)
- Fine: Up to $500
- License Suspension: 60 to 180 days
- Community Service: 20 to 40 hours
- Mandatory Alcohol Awareness Course
For repeat offenders, the penalties escalate dramatically. A third DWI charge is a felony, which can lead to significant prison time. The importance of having an experienced Houston DWI defense lawyer cannot be overstated.
How Mike Kohler Esq. Can Help Fight Your Charges
Facing a DWI or DUI charge doesn’t mean an automatic conviction. With the right legal strategy, charges can be reduced or even dismissed. Mike Kohler Esq. provides comprehensive criminal defense services tailored to each case. Learn more about his approach to defending clients by visiting Criminal Defense Practice.
Key Defense Strategies for DWI and DUI Cases
Mike Kohler employs several legal strategies to challenge DWI and DUI charges, including:
1. Challenging the Legality of the Traffic Stop
Law enforcement must have probable cause to stop a vehicle. If the officer lacked a valid reason, the stop may have been unlawful, leading to a dismissal of charges.
2. Questioning Breathalyzer and Blood Test Accuracy
Breathalyzers and blood tests are not foolproof. Factors like improper calibration, medical conditions, and officer errors can lead to false readings. Mike Kohler will analyze these test results to determine their validity.
3. Evaluating Field Sobriety Test Procedures
Field sobriety tests (FSTs) are subjective and prone to human error. Weather conditions, medical conditions, and even nervousness can impact a driver’s performance. A skilled attorney can argue that FST results were unreliable.
4. Negotiating for Reduced Charges or Case Dismissal
If the prosecution lacks solid evidence, plea bargains or case dismissals may be possible. Mike Kohler aggressively negotiates with prosecutors to achieve the best outcomes for his clients.
5. Fighting for License Reinstatement
A DWI charge can result in an automatic driver’s license suspension. Mike Kohler assists clients in requesting Administrative License Revocation (ALR) hearings, providing a chance to contest the suspension and retain driving privileges.
The Importance of Hiring an Experienced DWI Attorney
A DWI or DUI conviction can affect more than just your driving record—it can impact your employment opportunities, insurance rates, and even personal relationships. Hiring a seasoned Houston DWI attorney like Mike Kohler can make a significant difference in the outcome of your case.
Why Choose Mike Kohler Esq.?
- Years of Criminal Defense Experience: Extensive background in handling DWI and DUI cases in Texas courts.
- Aggressive Legal Representation: Fights tirelessly for case dismissals, charge reductions, or acquittals.
- Personalized Legal Strategies: Tailored defense approaches based on individual case details.
- Strong Negotiation Skills: Works with prosecutors to seek reduced penalties when applicable.
- Comprehensive Support: From arrest to case resolution, Mike Kohler provides unwavering legal support.
For a deeper understanding of defense tactics, visit Criminal Defense Strategy Houston.
What to Do If You’ve Been Arrested for DWI or DUI in Houston
If you’ve been arrested for DWI or DUI in Texas, follow these steps to protect your rights:
- Remain Calm & Respectful: Avoid confrontation with law enforcement.
- Exercise Your Right to Remain Silent: Do not admit guilt or discuss details without a lawyer.
- Do Not Consent to Field Sobriety Tests: These tests are voluntary and can be used against you.
- Request an Attorney Immediately: Contact Mike Kohler Esq. as soon as possible.
- Document Everything: Note details about your arrest, officer behavior, and testing procedures.
- Act Quickly to Save Your License: You have 15 days to request an ALR hearing to contest your license suspension.
Contact Mike Kohler Esq. Today for a Free Consultation
Time is critical when dealing with DWI, DWI 2nd, or DUI charges. The sooner you contact an attorney, the better your chances of achieving a favorable outcome. Mike Kohler Esq. is ready to defend your rights and help you navigate Texas’s complex DWI laws.
