5 things to know if you are arrested for a DUI in texas

If you are arrested for a DUI in Texas, it is important that you know what your rights are. In the state of Texas, DUI and DWI are taken very seriously and can lead to heavy consequences if convicted. Being arrested for a DUI in Texas does not have to be frightening. If you find yourself facing a first-time or second-time offense charge, there are actually quite a few “tips” that you should follow in order to get your life back on track as quickly (and cost-effectively) as possible. If you have been arrested for driving under the influence of alcohol in Texas, there are several things you need to know. What happens if I do not request an administrative hearing? What should I do if I was a minor? How much time do I have to request a hearing? If you have questions like these, read on.

• Understanding your rights
• DUI vs DWI in Texas
• What is a DWI in Texas?
• What is a DUI in Texas?
• What to Expect After Being Arrested for a DUI in Texas
• DUI first offense penalties
• DUI second offense penalties
• DUI third offense penalties
• DUI fourth offense penalties
• DUI fifth offense penalties or subsequent offense penalties
• DUI as a minor penalty
• What to Do if You've Been Arrested for a DUI in Texas
• Tips to Represent Yourself in Court
• DUI & DWI defense attorney in McAllen, Texas

As an individual in the United States, it is your constitutional right to be presumed innocent until proven guilty. Unfortunately, the criminal justice system tends to take these rights away from you when you are arrested for a DUI. You can still win your case by knowing what to do if you are arrested for a DUI in Texas. If you have never been arrested for a DUI before and find yourself facing an encounter with law enforcement, then it is important you understand your rights. Remember, anything you say or do can be used against you in a court of law. You have the right to remain silent and should exercise this right if you are questioned by the police. You also have the right to an attorney and should request one immediately if you are arrested.

If you are arrested for a DUI, the first thing to know is that you have rights. If you are stopped and given a field sobriety test, or if the officer suspects that you are intoxicated, then you should be read your Miranda rights. These rights state that anything you say can and will be used against you in court. You also have the right to remain silent. While this might seem like an easy thing to do, police officers are trained to get people to talk so they can incriminate themselves. You also have the right to refuse any field sobriety tests or breathalyzer tests even though this might seem like it is in your best interest to take these tests. If you are arrested anyway, then your license should be confiscated and the officer will issue you a temporary driving permit. You will then have to go before a judge who will set your bail and determine when you are required to appear in court.

The next thing to know is that these cases can be difficult for defendants because the arresting officers have wide discretion in determining whether or not someone is intoxicated. The fact of the matter is that it is hard for anyone to prove they were not intoxicated while driving when a trained professional has determined they were intoxicated.

The best way to avoid getting into this situation in the first place is by planning ahead with a designated driver and never driving after drinking any amount of alcohol. If there is no other option available, then it might be best to call a taxi or an Uber.

There are some differences between DUI and DWI in Texas. According to the law, a person is legally considered intoxicated when their blood alcohol concentration (BAC) is 0.08 percent or greater. This means that you can be arrested for a DUI even if your blood alcohol concentration (BAC) is lower than the legal limit.

If you are arrested for driving while intoxicated (DWI), your penalties will be much more severe than if you were only arrested for driving under the influence (DUI). The term DWI can also refer to a higher BAC of 0.08 percent or greater, even if your BAC is lower than the legal limit.

As we have mentioned above, DWI or "driving while intoxicated" is defined as the operation of a motor vehicle while under the influence of alcohol or drugs, or both. If you have been arrested for a DWI it means that a police officer has determined that you were driving while under the influence of alcohol and/or drugs.

The term DUI (Driving Under the Influence) is used to describe an arrest for any crime involving driving a car or other vehicle such as an airplane with a blood alcohol content (BAC) of .08% or higher, or taking drugs that impair your ability to drive.

If you are arrested for a DUI, the first thing that will happen is you will be taken to jail. Depending on your blood alcohol concentration (BAC), you may or may not be released on bail or considered legally intoxicated or not. If you are released, you will likely have to attend a mandatory arraignment hearing where you will be formally charged with a crime.

If you are convicted of DUI, your penalty can include a fine, community service, and/or jail time. Also, having a DUI or DWI conviction leads to having a criminal record that can affect your ability to get a job, rent an apartment, or travel outside of the United States.

When you are arrested for a DUI, your driver's license will be confiscated and you will have an automatic six-month suspension on your record.

The severity of the penalties for a DUI in Texas is determined by your blood alcohol concentration (BAC) and whether this was your first offense DWI or DUI or it's not, as well as there was underage drinking or the lack of normal use of mental or physical faculties. While a DWI is usually considered a Class B misdemeanor, it can be elevated to a Class A misdemeanor or felony if certain aggravating circumstances are present. Here are the penalties for each case of DUI charges in Texas:

• Fine of up to $2000
• Mandatory imprisonment in the county jail for a term not less than 72 hours nor more than 180 days
• License suspension for 90 days to two years
• Use of an ignition interlock device after the license is reinstated by DPS. The installation of the device is at the expense of the offender
• Attendance at an alcohol education program approved by DPS.
  

• Fine of up to $4000
• Possible imprisonment in the Texas Department of Criminal Justice for a term not less than 30 days nor more than one year
• License suspension for one to two years from the date of conviction or release from confinement whichever is later. The department may also impose a surcharge of $2000 per year for three years
• Use of an ignition interlock device after the license is reinstated by DPS. The installation of the device is at the expense of the offender
• Attendance at an alcohol education program approved by DPS.
  

• Fine of up to $10000
• Possible imprisonment in the Texas Department of Criminal Justice for a term not less than two years nor more than ten years
• License suspension for two to ten years from the date of conviction or release from confinement whichever is later. The department may also impose a surcharge of $2000 per year for three years
• Use of an ignition interlock device after the license is reinstated by DPS. The installation of the device is at the expense of the offender
• Attendance at an alcohol education program approved by DPS.
  

• Fine of up to $10000
• Possible imprisonment in the Texas Department of Criminal Justice for a term not less than two years nor more than ten years
• License suspension for two to ten years from the date of conviction or release from confinement whichever is later. The department may also impose a surcharge of $2000 per year for three years
• Use of an ignition interlock device after the license is reinstated by DPS. The installation of the device is at the expense of the offender
• Attendance at an alcohol education program approved by DPS.
  

• Possible imprisonment in the Texas Department of Criminal Justice for a term not less than two years nor more than ten years
• License suspension for five to ten years from the date of conviction or release from confinement whichever is later. The department may also impose a surcharge of $2000 per year for three years
• Use of an ignition interlock device after the license is reinstated by DPS. The installation of the device is at the expense of the offender
• Attendance at an alcohol education program approved by DPS.
  

According to Texas law, minors have a zero-tolerance policy and they are not permitted to drive under the influence of any amount of alcohol.

DUI as a minor first offense:

• Fine of up to $500
• Community service for up to 40 hours
• License suspension for 180 days to two years
• Use of an ignition interlock device after the license is reinstated by DPS. The installation of the device is at the expense of the offender
• Attendance at an alcohol education program approved by DPS. The cost of this program is $100

DUI as a minor second offense:

• Class C Misdemeanor with a punishment of up to $500 fine and/or community service
• License suspension for one year to two years
• Use of an ignition interlock device after the license is reinstated by DPS. The installation of the device is at the expense of the offender
• Attendance at an alcohol education program approved by DPS. The cost of this program is $100

DUI as a minor third offense:

• Class B Misdemeanor with a punishment of up to 180 days in jail and/or a fine of up to $2000
• License suspension for up to two years to two years and six months
• Use of an ignition interlock device after the license is reinstated by DPS. The installation of the device is at the expense of the offender
• Attendance at an alcohol education program approved by DPS. The cost of this program is $100

If you are arrested for a DUI in Texas, it is important to know what the potential penalties are. The fines and possible imprisonment time can be costly and you will want to make sure that it is as short as possible so that the charges do not affect your personal or professional life. Speak with an experienced DWI attorney who can help you navigate the legal system so that you have the best chance at a positive outcome.

Being arrested for a DUI in Texas is a serious matter that can turn your life upside down. You face fines, potential jail time, and the loss of your driver's license if you are convicted of DWI. The best thing you can do after being charged with a DUI or DWI is to contact a criminal defense attorney. You may also want to know the following five things if you are arrested for a DUI or DWI in Texas:

1. If stopped by law enforcement while drunk driving, you are required to submit to field sobriety tests as well as a blood or breath test.
2. You have the right to remain silent; anything you say can be used against you in court.
3. It is illegal for anyone 21 years of age or younger to drive with any amount of alcohol in their system.
4. There are alternatives to jail for first-time offenders that might save your driving privileges, such as alcohol education classes and community service.
5. Hiring an attorney early on in the process can make all the difference in the outcome of your case.

If you are arrested for a DUI or DWI in Texas, it is important to remain calm and contact an experienced criminal defense attorney as soon as possible. The penalties for a DUI or DWI conviction can be severe, and it is important to have an attorney who can help you navigate the criminal justice system. At The Law Office of Rolando Cantu, we have years of experience defending people charged with DUI or DWI in Texas. Contact us today for a free consultation.

Being arrested for a DUI is a frightening experience. You probably don't know what to do from there and you might be freaking out. It's easy to get caught up in emotion and panic, but you have to fight to stay calm and focused on what's going on. Here are some ideas and tips that will help you represent yourself in court when you have been arrested for a DUI:

1. Remain silent: Keep your mouth shut until your attorney is present. You can face more charges if you do not remain silent and talk about the arrest or anything else that happened during the arrest. If you talk about the arrest with someone other than your attorney, you could be charged with contempt of court without your attorney present to defend you.
   
   
2. Don't admit guilt or plead guilty before talking with an attorney or going to court with him or her by your side: Even if you're thinking of pleading guilty because you think it will help, don't do it! This can be used against you in court and can make things much worse for you.
   
   
3. Ask for a jury trial right off the bat: This may not happen, but it's always best to ask for it anyway so that they can't use this as a bargaining chip against you later.

A DUI is one of the more common charges that is prosecuted in Texas. It can be a tricky case to defend on your own, as it involves so many moving parts that can make or break your case. A conviction for a DUI can come with hefty fines, a suspended license, and sometimes even jail time. Therefore it is important you obtain legal assistance before taking things into your own hands.

You should hire a lawyer. Getting a DUI on your record won't be cheap or easy, from fines to consequences of not being able to drive. You may think that you can represent yourself in court, but this is not a decision to be taken lightly. There are a lot of things going on and it's easy to miss something important.

If you or someone you know has a DUI or DWI arrest or has DUI/DWI convictions, don't wait to seek legal compensation. A license suspension or DUI/DWI charge is something that can be defended with the help of an experienced DWI & DUI defense attorney. At the Law Office of Rolando Cantu, we understand the Texas law and rights of the accused.

Contact an experienced DWI attorney to get started today. If you’re facing criminal penalties, a prior DWI conviction, administrative license revocation penalties or you are in need of legal advice, it is important to find experienced DWI attorneys that provide a good attorney-client relationship. Rolando Cantú is a successful DUI/DWI Attorney who will work in your DUI/DWI case no matter what, ensuring your rights are protected and applying their extensive knowledge on how best to defend you. Under the law, anyone charged or arrested for a crime is innocent until they are proven guilty. This is a right of all US citizens, no matter the crime they have been accused of. And this helps us fight your case till the end with an aggressive approach. 

We utilize our knowledge & understanding of the Texas law system and hands-on experience to advocate your DUI & DWI cases, limiting the chances of criminal charges or administrative penalties. We provide legal advocacy and representation you can trust and rely on. We will aggressively fight your case in front of judges and juries for your future and freedom. Contact the Law Office of Rolando Cantú and request your free consultation today!