Boren & Mims Attorneys at Law
PERSONALIZED REPRESENTATION FOR

DUI/DWI

DUI/DWI ATTORNEY IN TYLER, TX

Your Trusted Advocates in State Legal Matters

 In Texas a person commits the offense of Driving While Intoxicated (sometimes referred to as DWI/ or DUI) if they are intoxicated while operating a motor vehicle in a public place. "Intoxicated" is defined as the loss of normal use of mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, or a combination of two or more of those substances. Additionally, a blood alcohol concentration (BAC) of 0.08% or higher can result in a DWI charge.


When you're stopped by law enforcement for a DWI investigation, they will ask you to participate in several sobriety tests called Standardized Field Sobriety Tests (SFSTs). This is to help them determine if you may be under the influence while driving. The tests generally include the Horizontal Gaze Nystagmus Test (HGN), the nine-step walk and turn, and the one-legged stand. Other tests, such as finger counting, reciting the alphabet, the Rhomberg Test, or estimating 30 seconds with closed eyes and a tilted head, may also be administered but are less common. 


Also, you can expect for them to request a breath or blood specimen from you during a DWI investigation or at the time of arrest. Refusing to give a sample of breath or blood when asked can lead to the officer getting a warrant signed from a judge to get the specimen from you at the jail and refusal can also lead to driver's license suspension. 


A DWI charge can have significant repercussions, including jail time, license suspension, fines, costs of court, counseling, and probation fees. It's essential to have an experienced DWI defense attorney to protect your rights. The consequences of a DWI charge can vary, depending on whether it's your first, second, or third offense. For instance:


Contact Boren & Mims

First offense if your BAC is between 0.8 and 0.15: Up to 6 months in jail, a fine of up to $2,000, reimbursements to DPS for blood testing, a Crime Stoppers fee, and costs of court. The DPS may impose a driver's license suspension of up to a year. You may also have to pay a $3,000 super fine if you choose jail time over a probated sentence (probation). You may however be offered a deferred adjudicated sentence where if you complete the Court ordered terms and conditions and behave while on probation then your case may be dismissed.  There could also be a drug or alcohol program ordered by the Court and even an ignition interlock device installed in your car. 

     

First offense but your BAC is greater than 0.15: Up to 12 months in jail, a fine of up to $4,000, reimbursements to DPS for blood testing, a Crime Stoppers fee, and costs of court. The DPS may impose a driver's license suspension of up to a year. You may also have to pay a $6,000 super fine if you choose jail time over a probated sentence (probation). There could also be a drug or alcohol program ordered by the Court and even an ignition interlock device installed in your car. 


Second offense: Up to 1 year in jail and a $4,000 fine, reimbursements to DPS for blood testing, a Crime Stoppers fee, and costs of court. The DPS may impose a suspension of up to two years. You may have a $4,500-$6,000 super fine if you choose jail time over a probated sentence (probation). There could also be a drug or alcohol program ordered by the Court and even an ignition interlock device installed in your car. 

Third offense: Can be charged as a felony with a potential 10-year state prison sentence, a $10,000 fine, reimbursements to DPS for blood testing, a Crime Stoppers fee, and costs of court, a mandatory license suspension of up to 2 years, and a superfine.


DWI with Child Passenger Under the Age of 15yrs Old:  Can be charged as a felony with a potential 2 years state jail sentence, a $10,000 fine, reimbursements to DPS for blood testing, a Crime Stoppers fee, and costs of court ,a mandatory license suspension of up to 2 years, and a superfine. 


Our experienced attorneys can challenge field sobriety tests, cross-examine officers, and leverage their knowledge of Texas DWI laws to achieve the best possible outcome for your case. We are trained and certified in these tests just like the offer who gave them to you. If they are administered incorrectly they are invalid! If you're in need of a skilled DWI defense attorney, contact The Law Offices of Boren & Mims immediately after your release. It's crucial to take certain actions to protect your rights within 14 days of release to preserve your ability to drive in Texas. Even before you reach out, our team is already preparing a defense on your behalf.

Contact Boren & Mims

Consult With Boren & Mims Today!

Share by: