Skilled DUI Lawyer Serving Sherman, TX
DWI
We will analyze every aspect of your case to determine whether police followed proper procedures during your arrest.
Protecting Your Future from DUI/DWI Charges
If you’ve been arrested for driving under the influence (DUI) or driving while intoxicated (DWI), you’re likely overwhelmed by the legal implications. These charges can lead to hefty fines, loss of driving privileges, or even jail time. At The Law Office of John H. Nix, their experienced DUI lawyers in Sherman, TX, are dedicated to providing strong legal defense to help protect your rights and future. Whether you’re facing DUI, DWI, or related charges, understanding the legal process is crucial to building a solid defense.
What is a DUI/DWI Charge?
DUI and DWI charges both involve operating a vehicle while impaired by alcohol or drugs. In Texas, these terms are often used interchangeably, but DWI is typically associated with higher levels of impairment. Driving while intoxicated (DWI) is charged when a driver’s blood alcohol concentration (BAC) is .08% or higher. DUI, on the other hand, can be charged when a minor is caught driving with any detectable amount of alcohol.
Texas law is strict when it comes to impaired driving, as these actions endanger lives. Penalties can vary depending on the driver’s BAC, the presence of minors in the vehicle, or if the impaired driving caused an accident. These laws exist to deter unsafe driving behavior and protect the public.
Getting charged with a DUI or DWI can feel intimidating, but a qualified DUI lawyer can help break down these laws and determine your best course of action.
The DUI/DWI Legal Process
When arrested for DUI or DWI, the legal process typically starts with an arraignment, where the defendant is formally charged and enters a plea. Following this, the court sets dates for further hearings. At each stage of the process, a DUI attorney can advocate on your behalf and work to negotiate favorable outcomes.
A major component of these cases is the collection of evidence, such as breathalyzer or blood test results, witness testimonies, and police reports. The Law Office of John H. Nix will meticulously review all evidence to ensure it was lawfully obtained and accurately reflects the events leading to the arrest.
Negotiating with prosecutors or even challenging the legitimacy of the arrest is common in these cases. A skilled DWI lawyer can argue for reduced charges, alternative sentencing, or even dismissal of the case if procedural errors are found. Every step of the process requires professional representation to ensure your rights are upheld.
DUI/DWI Penalties and Sentencing in Texas
The penalties for DUI and DWI in Texas vary based on several factors, including prior offenses, BAC levels, and whether there was a DUI accident. Common penalties include:
- First Offense: A fine up to $2,000, license suspension for up to one year, and up to 180 days in jail.
- Second Offense: Fines up to $4,000, a longer jail sentence, and license suspension for up to two years.
- Third Offense: Fines of up to $10,000, potential felony charges, and a longer jail term.
Additional penalties can apply in aggravated cases, such as accidents causing injuries or deaths. Texas law also includes enhanced penalties for having a minor in the vehicle at the time of the offense. In such cases, you could face child endangerment charges, which carry severe consequences.
The statute of limitations for filing a DUI or DWI case in Texas is generally two years. However, the earlier you consult with a DWI attorney, the stronger your defense can be.
What Makes Texas DUI/DWI Cases Different?
Texas has its own set of rules regarding DUI and DWI charges, which makes hiring a local DUI lawyer essential. Unlike some states, Texas imposes mandatory minimum sentences for DWI convictions, especially for repeat offenders. The state also uses “implied consent” laws, meaning drivers automatically consent to breath or blood tests when suspected of impaired driving. Refusing these tests can result in automatic license suspension.
Some key differences in Texas DUI/DWI cases include:
- Zero Tolerance for Minors: Any detectable alcohol for drivers under 21 can lead to a DUI charge.
- Felony Charges for Repeat Offenses: Third-time offenders can face felony charges, which carry long-term repercussions.
- Strict Penalties for Commercial Drivers: CDL holders have stricter BAC limits and harsher penalties.
Understanding how these laws are applied in Texas is critical for building a defense. The Law Office of John H. Nix has decades of experience handling DUI and DWI cases specifically in Texas, giving them the expertise needed to navigate local laws effectively.
How The Law Office of John H. Nix Can Help
When you’re facing a DUI or DWI charge, it’s vital to have experienced legal representation. The Law Office of John H. Nix provides a comprehensive approach to DUI and DWI defense. Their team is bilingual, meaning they can assist clients in both English and Spanish, ensuring clear communication for all their clients. With decades of combined experience, they understand the intricacies of local DUI and DWI cases.
Here’s how they can help:
- Reviewing Evidence: They will scrutinize every piece of evidence for inaccuracies or legal violations.
- Building a Strong Defense: Their team will develop a strategy tailored to your case and situation.
- Negotiating with Prosecutors: Whether it’s reducing charges or securing a plea deal, they’ll work on minimizing the impact on your life.
Other services they provide include:
- License reinstatement assistance
- Representation in administrative license suspension hearings
- Appealing wrongful convictions
- Challenging the validity of sobriety tests
With a focus on personalized legal counsel, The Law Office of John H. Nix is dedicated to securing the best possible outcome for your case.
The John Nix Law Office will fight for your rights and freedom
With a former Criminal District Attorney at your side, you have someone that knows where the law ends and your rights begin. Finding someone who can identify any weak spots and holes in the arguments used against you is essential.
You don't have to go it alone
The John Nix Law Office is here to aid you and help identify any weak spots and holes in the arguments used against you.
If an officer took a shortcut, we will hold them accountable
For example, police misconduct is often the reason for dismissal of DWI charges in Texas. We investigate every aspect of your arrest by asking the following:
01
Reasons
Why was there a stop?
There must be a reason for police to stop you. Typically it is an infraction like weaving, speeding, or a burned-out headlight.
02
Evidence
Did the officer smell alcohol?
If a police officer did not report evidence of alcohol at the scene of the arrest, it can weaken the charges against you.
03
Tests
Were tests administered properly?
Field sobriety tests are highly subjective and require detailed documentation to be accepted as evidence.
Field Sobriety Testing and Clues
The information in this section is taken, in whole or part, directly from the February 2018 DWI Detection and Standardized Field Sobriety Testing Instructor’s Guide approved by NHSTA and IACP.
According to the 2018 National Highway Traffic Safety Administration DWI Detection and Field Sobriety Test Instructor’s Guide:
“DWI detection begins when an officer’s attention is drawn to a particular vehicle or its operator. The precipitating events are unlimited. The initial “spark” that causes the officer to focus attention on the particular vehicle may carry with it an immediate, strong suspicion of the possibility of impairment; or, only a slight suspicion of the possibility of impairment; or, depending on the circumstances, no suspicion at all at that time. Regardless, it sets in motion a process in which the officer focuses on the particular individual and has the opportunity to observe and elicit additional evidence.”
“Clues” (indicators) are gathered from a battery of tests known as Standardized Field Sobriety Tests. See below for a summary of the phases of the detection process and descriptions of the clues. The language has not been changed from the officer’s perspective as noted in the Instructor’s Guide.
- Vehicle in Operation: You usually observe the driver operating the vehicle
- Personal Contact: After you have stopped the vehicle, there usually is an opportunity to observe and speak with the driver face-to-face
- Pre-Arrest Screening: You usually have an opportunity to administer Standardized Field Sobriety Tests to the driver to determine impairment
3 clues per eye
Nystagmus is an involuntary jerking of the eyes occurring when gazing toward the side and following a stimulus (ex. pen or pencil).
Clues:
- Lack of Smooth Pursuit: As the eye moves from side to side, does it move smoothly or does it jerk noticeably?
- Distinct Nystagmus at Maximum Deviation: When the eye moves as far to the side as possible and is kept at that position for four seconds, does it jerk distinctly?
- Onset of Nystagmus Prior to 45 Degrees: As the eye moves toward the side, does it start to jerk prior to a 45-degree angle?
This is a Divided Attention (Walk and Turn) test consisting of an Instruction stage and a Balance and Counting stage.
During the Instruction stage (1 &2), the subject must stand with their feet together, keep their arms at their sides, and listen to instructions. This divides the subject’s attention between a balancing task and an information-processing task.
During the Balance and Counting stage (3-9), the subject will perform tasks while counting the steps out loud and keep both arms at their sides.
Clues:
- Cannot keep balance while listening to the instructions
- Starts too soon
- Stops while walking
- Does not touch heel-to-toe
- Steps off the line
- Uses arms to balance
- Improper turn
- Incorrect number of steps
“If the subject exhibits two or more clues or fails to complete the test, classify the subject’s Blood Alcohol Content as at or above 0.08. Using this criterion, you will be able to accurately classify 79% of your subjects.”
This is a Divided Attention (One Leg Stand) test consisting of an Instruction stage and a Counting and Balancing stage.
In the Instruction Stage, the subject must stand with their feet together, keep their arms at their sides, and listen to instructions.
In the Balance and Counting Stage, the subject must raise one foot, either foot, with the raised foot approximately six inches off the ground, with both legs straight and the raised foot parallel to the ground. Have the subject, while looking at the elevated foot, count out loud in the following manner: “one thousand one”, “one thousand two”, “one thousand three” until told to stop. This divides the subject’s attention between balancing (standing on one foot) and information processing (counting out loud).
The timing for a thirty‐second period by the officer is an important part of the OLS test. The original research conducted by SCRI in 1977 showed many impaired subjects are able to stand on one leg for up to 25 seconds, but few can do so for 30 seconds.
- Sways while balancing
- Uses arms to balance
- Hopping
- Puts foot down
The Preliminary Breath Test (PBT) does NOT indicate the level of impairment.
Impairment is established through what the officer sees, hears, and smells. The PBT should be used after the field tests.
Although all PBT instruments currently used by law enforcement are reasonably accurate, they are subject to the possibility of some error, especially if they are not used properly.
Many factors are known to produce false results on a PBT, including how recently alcohol was consumed, cigarette smoke, and even the officer’s radios.
The Arrest Decision is the result of the entire detection process.
- Initial observation of vehicle operation
- Observation of the stop
- Face to face observation and interview
- Observation of the exit
- Standardized Field Sobriety Tests
- Preliminary Breath Test
Contact The Law Office of John H. Nix Today
If you’re facing a DUI or DWI charge, it’s important to act quickly. The sooner you hire a knowledgeable attorney, the better your chances of a successful defense. The team at The Law Office of John H. Nix is ready to help you navigate the legal process and fight for your rights. Contact their office today at (903) 868-2600 to schedule a consultation.
Don’t let a DUI or DWI charge impact your future. Reach out to The Law Office of John H. Nix for experienced legal representation in Sherman, TX.