Getting arrested for DWI in Kaufman County can feel really overwhelming. One moment, you’re just driving home, and the next, you’re in handcuffs, facing some serious criminal charges. Remember, you’re not alone, and there are people ready to help you through this tough time. If this has happened to you or someone you love, it’s important to understand what lies ahead and what steps you can take to protect your rights.
What Is a DWI Under Texas Law?
In Texas, a person can be charged with DWI (Driving While Intoxicated) if they are operating a motor vehicle in a public place while intoxicated. Intoxication means:
- A blood alcohol concentration (BAC) of 0.08 % or higher, or
- Lacking the normal functioning of mental or physical faculties caused by alcohol, drugs, or both.
This applies to drivers of all types of vehicles, including cars, motorcycles, and even boats.
What Happens After a DWI Arrest in Kaufman County?
After the arrest, several things happen quickly:
- Booking and jail time. You’ll be taken to jail for processing. Depending on the circumstances, you may spend the night or be released on bond.
- Administrative license suspension (ALR). If you failed or refused a breath or blood test, your license could be suspended. You have just 15 days to request a hearing to fight this suspension.
- Criminal charges filed. The Kaufman County District Attorney’s Office will review your case and officially file charges. The case then proceeds through the court system.
Court Process Overview
DWI cases in Kaufman County follow a standard path:
- Arraignment. You appear before a judge, hear the charges, and enter a plea.
- Pretrial. Your attorney can review the evidence, negotiate with the prosecutor, and possibly file motions to suppress certain evidence.
- Trial or plea. If no agreement is reached, the case could possibly go to trial. Otherwise, a plea bargain may be possible.
- Sentencing. If found guilty, the court will determine penalties according to your individual history and the specifics of the case.
What Penalties Could You Face?
Penalties for DWI in Texas depend on prior offenses, BAC level, and whether anyone was injured. A first-time DWI is typically a Class B misdemeanor, punishable by:
- Up to 180 days in jail
- Driver’s license suspension
- Hefty fines
- Mandatory DWI education class
- Probation or community service
Aggravating factors, like having a BAC over 0.15 or driving with a child in the car, can increase the penalties. Repeat offenses also carry more serious consequences, including longer jail time and higher fines.
What Defenses Are Available?
Every case is different, but common defenses in DWI cases include:
- Lack of probable cause for the stop
- Improper administration of field sobriety or breath tests
- Inaccurate or unreliable test results
- Violation of your constitutional rights
An experienced DWI attorney can review your case and determine the available options for you.
Should You Hire a Lawyer?
DWI cases in Kaufman County move quickly, and the consequences of a conviction can be long-lasting. Having a skilled defense attorney on your side can help you navigate the legal process, protect your rights, and possibly reduce or dismiss the charges.
These legal professionals may also be able to keep your license from being suspended, challenge the evidence, negotiate a favorable plea, or fight for you at trial.
Take Action Immediately, Contact Us Today
If you’ve been arrested for DWI in Kaufman County, time is critical. Don’t wait to take control of your case.At Guest & Gray, we have significant experience with Texas DWI laws and local court procedures. We know how to fight for your future. Contact our office today to schedule a consultation with our team.
