The Best Defense Against DWI Charges: 4 Changes To DWI Laws That You Should Know About & How To Fight A Charge The Right Way
I think we can all agree, there’s a best defense against DWI charges that should be simple, effective, and foolproof.
Don’t drink and drive. Easy, right?
Unfortunately, it’s rarely quite so black and white — and I think it’s not a stretch to say that some folks have been charged unfairly. It happens.
Regardless of the reasons or situation, here in the US of A everyone is entitled to a defense, and you should always have the best defense that you possibly can, especially when the charge is this serious.
However, that can be pretty hard when the rules keep changing.
Here in Texas where I live, there have been about 30 recent changes to rules, classifications, penalties, and so on — all related to DWI charges.
It’s hard to keep on top of it all, to say the least.
The good news is, for most of these rules and regulation changes we, the people, don’t actually need to know about them. Not the specifics at least, we can leave that to the lawyers.
That’s most of them — there are a few changes though that I think we should all know about.
If you want to know more about the specifics, or how to plan your defense, I recommend talking to a local specialist in DWI laws and defense.
However, for a more holistic view of some of the key changes, you can just read this handy little list I’ve compiled.
Here’s what I think everyone should know, before they get behind the wheel.
1. Higher BAC = Stronger Charges
I think it’s fairly common knowledge that having a BAC (blood-alcohol content) of 0.08% puts you over the legal limit.
Depending on the person and what they’ve eaten, that could be one beer, maybe two or three.
What you may not know is that if your BAC reaches 0.15%, then your charge can be upgraded to a Class A Misdemeanor, even if it’s your first charge.
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While this was possible before the new changes, it was typically reserved for second and third-time offenders.
2. Extra Protections For Minors
One new law that’s gotten a lot of press but still isn’t widely understood relates to how charges can be expanded when there are minors involved.
This typically happens for one of two reasons: either because there are minor children in the vehicle at the time, or because the driver has travelled through a school zone while intoxicated.
In either of these scenarios, the charges can be immediately upgraded to a jailable state felony.
If there were any children related to or even adjacent to an offense, it’s a good idea to talk to an expert on DWI charges immediately.
3. Felony Charges For Repeat Offenders
Another important change relates only to repeat offenders, but it’s a big one, because the penalties have been dramatically increased.
While there’s a certain amount of discretion given to the judge, repeat offenders could face up to 10 years in jail, some quite hefty fines, and the revocation of their driver’s license.
Second-time offenders aren’t likely to trigger the maximums, but third-time offenders may have the book thrown at them… and the book is getting pretty hefty.
4. Blood Tests Are More Likely
The last big change to the law that I want to explore relates to how the evidence is collected by police, but the specifics can still vary quite a bit.
In general, police have been given more authority to compel blood tests after a suspected DWI — and paramedics on the scene have the ability to take blood tests for alcohol.
While there are a whole slew of new laws and regulations, the truth is that many of them haven’t really been tested in court yet.
These new rules are designed to make enforcement easier, but as with any new laws, sometimes they can catch innocent people in their nets — and the best defense is a good defense lawyer.
When the law is coming for you, the best way to fight back is to have someone who knows the laws inside and out, even the new ones.
Just make sure it’s someone local, a specialist in the particular charges you’re facing, and preferably, one with a track record of winning cases.
Folks say the best defense is a good offense, but that’s because they’ve never met my defense lawyer.
