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What Can Result From a First-Time DWI Offense?

DUIs have significant civil, criminal, and other consequences in Texas.

High cost is the inevitable result of a DUI conviction. This cost averages about $20,000. It is hard to avoid these costs because most North Texas jurisdictions have mandatory DUI prosecution policies. According to these policies, prosecutors cannot reduce DUI charges to reckless driving or another lesser-included offense during plea negotiations.

So, for a Fort Worth criminal defense lawyer, a DUI defense is an all-or-nothing proposition, at least in most cases, if defendants are determined to keep DUIs off their record and avoid the aforementioned costs. Fortunately, several intoxication and non-intoxication DUI defenses are available, even if the defendant provided a chemical sample. But that is a subject for a different day.

Drivers’ License Issues

Higher insurance rates are one reason the cost of a DUI is so high. After a conviction, defendants must purchase high-risk SR-22 insurance and maintain it for at least three years. But that is just part of the driving issues a DUI creates. These proceedings often involve civil and criminal driver’s license suspension.

Texas is an implied consent state. So, if drivers withdraw their implied consent to provide chemical samples on demand, that action triggers the administrative license revocation process. The ALR process also kicks in if a defendant fails a breath or blood test.

Many people do not partner with a Fort Worth criminal defense lawyer and fight administrative license suspension. Frankly, it is an uphill climb. The state must only establish probable cause, which is a rather low standard of evidence.

However, if the evidence is weak, the administrative law judge often at least reduces the suspension period. Plus, even when Fort Worth criminal defense lawyers lose this hearing, they win it because they can question arresting officers on the record. It is like a free deposition.

Criminal judges usually suspend driver’s licenses if the defendant is found guilty of DUI. Occupational licenses are usually available in these cases, as well as ALR suspension cases. These licenses allow people to drive for essential purposes, like to and from work or school.

Incidentally, suspended driver’s licenses do not automatically become valid again. Once the suspension period ends, the driver may apply for reinstatement. The DPS usually grants this request if the driver shows proof of insurance and jumps through a few other hoops.

Criminal Consequences

Most first-time DUI offenders receive probation unless aggravating circumstances exist, like an injury collision or the defendant has an extensive non-DUI criminal record.

Probation for a first-time DUI could last up to six months. Generally, probation conditions are very restrictive, at least for the first third of the period of probation. These conditions include reporting to a supervision officer, submitting to alcohol tests, remaining in the county at all times, undergoing an alcohol evaluation, and, above all else, staying out of trouble with the law.

After the first third, a Fort Worth criminal defense lawyer can ask the judge to terminate probation early or reduce the restrictions, lessening the chances of a motion to revoke probation.

We should also mention the collateral consequences of a DUI conviction. Employment issues may be the biggest one. Many employers believe that people who drink and drive make poor decisions and are not fit to serve in trustworthy positions.

A Fort Worth criminal defense lawyer cannot change people’s minds about DUI, but a lawyer can help soften the blow.

Count on a Diligent Tarrant County DUI Defense Attorney

DUI has civil and criminal consequences. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whittaker. The sooner you reach out to us, the sooner we start working for you.