Abilene DWI Defense Lawyer

No one sets out to purposely get a DWI or cause harm to someone else, but it happens, and circumstances aren't always black and white for the driver. The only way to get a fair judgment on a DWI charge is with an experienced attorney who knows the laws. 

David White is an Abilene DWI defense attorney with the legal know-how to guide you through the complex DWI justice system and obtain the best possible verdict in your circumstances. 

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Why You Want the Abilene DWI Defense Lawyers at The Law Office of David White to Defend You

When providing a legal defense, my philosophy is to treat each client with the utmost respect and dignity, regardless of the nature of their alleged offense. 

From addressing minor traffic infractions to navigating serious drug possession charges, I leverage my extensive legal experience and proficiency in DWI law to minimize potential charges and penalties for my clients.

My commitment to my clients runs deep as an Abilene criminal defense attorney.

The Law Office of David White Has Successfully Handled a Wide Range of Cases, Including:

1. Drunk Driving
2. Drug Crimes
3. Probation Violations
4. Traffic Violations
5. Misdemeanors
6. Domestic Violence
7. Theft Crimes
8. White-Collar Crimes
9. Violent Crimes Charges

But I don't just stop at those services. I'm here to help clear your criminal record and handle appeals for past convictions. Don’t worry- I examine every detail of the evidence to ensure your rights are protected and the legal procedures are followed to a T. Your defense is my top priority.

What Sets This Abilene DWI Defense Lawyer Apart?

Welcome to the Law Offices of David M. White, your trusted legal advocate in Abilene, Texas. I recognize that you deserve top-tier representation for your legal needs.

I am committed to providing exceptional legal services in Personal Injury and Criminal Defense cases.

Credentials of Attorney David M. White:

David M. White brings a wealth of knowledge and experience to every case.

Here's what distinguishes him:

• Educational Excellence: Mr. White pursued his education at Texas Tech University, earning a B.B.A. in Finance with Honors Studies in 2002, graduating magna cum laude. He furthered his studies at the Texas Tech University School of Law, earning his Doctor of Jurisprudence in 2006.
• Criminal Defense Advocacy: Facing criminal charges can be a daunting experience. David M. White knows criminal law inside and out and excels in Criminal Defense, ensuring the protection of your rights and the provision of a fair defense.
• Compassionate Legal Support: Legal matters can be overwhelming. At our firm, you're not just a client; you're treated like family. We offer unwavering support and guidance throughout your legal journey.

Experienced DWI lawyer David M. White has what it takes to help you obtain the best possible outcome for your DWI arrest.

Texas DWI Laws: What You Need to Know

In Texas, Driving While Intoxicated (DWI) is a serious criminal offense. According to Texas DWI laws, a person commits DWI if they operate a motor vehicle in a public place while:

• Having a blood alcohol concentration (BAC) of 0.08% or higher, or
• Being impaired due to alcohol or drugs, regardless of BAC.

Texas has a zero-tolerance policy for drivers under 21, meaning any detectable alcohol in their system can result in an offense.

Penalties for DWI in Texas

Penalties for a DWI conviction depend on prior offenses and aggravating factors:

First Offense

• Class B misdemeanor
• Jail Time: 3 days to 180 days
• Fine: Up to $2,000
• License Suspension: 90 days to 1 year
• Ignition Interlock Device (IID): May be required in some cases

Second Offense

• Class A misdemeanor
• Jail Time: 30 days to 1 year
• Fine: Up to $4,000
• License Suspension: 180 days to 2 years
• IID Required

Third Offense

• Felony (Third Degree)
• Prison Sentence: 2 to 10 years
• Fine: Up to $10,000
• License Suspension: 180 days to 2 years
• IID Required

DWI with a Child Passenger

• State jail felony
• Jail Time: 180 days to 2 years
• Fine: Up to $10,000
• Child Endangerment Charges Possible

Intoxication Manslaughter

• Second-degree felony
• Prison Sentence: 2 to 20 years
• Fine: Up to $10,000
• Mandatory Community Service

Intoxication Assault

• Third-degree felony
• Prison Sentence: 2 to 10 years
• Fine: Up to $10,000

Implied Consent & Refusing a Breathalyzer

Texas has an implied consent law. Refusing a breath or blood test leads to:

• Automatic license suspension (180 days for first refusal, 2 years for repeat offenders)
• Used as evidence in court

Additionally, you can face charges for the following in Texas:

• Boating While Intoxicated (BWI): Like DWI, this charge applies when a person operates a watercraft while intoxicated. The penalties for BWI are typically the same as those for DWI.
• Flying While Intoxicated (FWI): If a person operates an aircraft while intoxicated, they can be charged with FWI. Penalties for FWI are similar to those for DWI.
• Underage DWI: Individuals under the age of 21 can be charged with DWI if they have any detectable amount of alcohol in their system while operating a motor vehicle.
• DWI With Open Container: Having an open container of alcohol in the passenger area of a vehicle is a separate offense in Texas and can result in additional penalties when combined with a DWI charge.

Possible DWI Defenses

Defending against a driving while intoxicated (DWI) charge in Texas requires a strong legal strategy tailored to the specifics of the case. Here are some key defense strategies that an attorney could use:

1. Challenging the Traffic Stop

• Lack of Reasonable Suspicion: If the officer did not have a valid reason to stop the vehicle (such as erratic driving, speeding, or a traffic violation), any evidence obtained afterward could be suppressed.
• Illegal Checkpoints: If stopped at a DWI checkpoint, the defense can challenge whether the checkpoint complied with legal requirements.

2. Questioning Field Sobriety Tests (FSTs)

• Improper Administration: Officers must follow standardized guidelines when conducting field sobriety tests. Failure to do so can invalidate the results.
• Medical or Physical Conditions: Certain health conditions (e.g., vertigo, injuries, or neurological disorders) can impact a person’s ability to perform tests.
• Environmental Factors: Uneven roads, poor lighting, or bad weather conditions can lead to inaccurate test results.

3. Challenging Breath and Blood Tests

• Improper Calibration or Maintenance of Equipment: Breathalyzer machines require regular maintenance and calibration. If not properly maintained, results can be inaccurate.
• Rising Blood Alcohol Defense: If a person had recently consumed alcohol, their BAC might have been below the legal limit while driving but increased by the time of testing.
• Chain of Custody Issues: Blood samples must be properly handled and stored. Any errors in documentation or contamination can be grounds for dismissal.
• Mouth Alcohol Contamination: If the accused burped, vomited, or had residual alcohol in their mouth, it could affect breath test results.

4. Violations of Constitutional Rights

• Failure to Read Miranda Rights: If the officer did not inform the defendant of their rights before interrogation, certain statements may be inadmissible in court.
• Illegal Search and Seizure: If the police conducted an unlawful search without probable cause or a warrant, any evidence obtained could be excluded.

5. Challenging the Officer’s Observations

• Bias or Subjective Judgment: Officers rely on personal observations (e.g., slurred speech, red eyes, odor of alcohol), which are subjective and can be challenged.
• Alternative Explanations: Fatigue, allergies, medical conditions, or nervousness can mimic signs of intoxication.

6. Necessity or Duress

• Emergency Situations: If the defendant was driving under the influence due to an emergency (e.g., escaping danger or transporting someone for urgent medical care), it may be a valid defense.

7. Lack of Evidence

• Insufficient Proof: If the prosecution cannot prove beyond a reasonable doubt that the defendant was intoxicated while driving, the charges may be reduced or dismissed.
• No Driving Witnessed: If the officer did not actually see the person driving, the prosecution may struggle to prove they were in control of the vehicle.

8. Plea Bargain or Reduced Charges

• In some cases, attorneys may negotiate for reduced charges (such as Obstruction of a Highway) or alternative sentencing programs to avoid harsher penalties.

Since Texas has strict DWI laws, you need a strong legal defense. If you're facing a DWI charge, consult an experienced DWI attorney as soon as possible.

Get Legal Help for a Texas DWI

A DWI conviction can have long-term consequences, including a criminal record, increased insurance rates, and employment difficulties. If you're facing DWI charges, you must consult an experienced Texas criminal defense lawyer who can evaluate your case and fight for your rights.

Discover What Our Clients Have to Say:

At the Law Offices of David M. White, our clients' satisfaction and success are at the core of our mission. Don't simply take our word for it; hear from our valued clients about their experiences with our firm.

Their testimonials echo the dedication, experience, and personalized attention that distinguish us.

Our clients say we go above and beyond, treat them like family, communicate well, and work hard for them.

Visit Us in Person

Come and say hello in person at our Abilene office, conveniently located at 1500 Industrial Blvd., Ste. 303 Abilene, TX 79602. We’re directly across from the Abilene Country Club North golf course.

I Got a DWI, Now What?

While most car accidents can be prevented, DWI accidents might be the most avoidable type of crash. Operating a vehicle under the influence of drugs or alcohol is not only against the law but also extremely dangerous. 

While Texas experienced a decrease in overall traffic-related deaths in recent years, driving while intoxicated (DWI), also called driving under the influence (DUI), is still a dangerous and deadly problem on our roadways.

If you're facing your first DWI charge, absolutely do not hastily plead guilty and accept the initial offer from the prosecution. This decision could lead to the loss of your driver's license and significant fines in the future. 

An experienced attorney can reduce the charges for your first DWI or help you obtain an occupational license, allowing you to continue working even if your regular license is suspended.

Here's what you should anticipate when arrested for a DWI:

1. You have a limited window of 15 days from your DWI arrest to prevent your driver's license from being suspended.
2. Be aware that taking a breath or blood test does not automatically make you guilty.
3. If your license gets suspended, we can help you obtain an occupational driver's license, granting you the right to drive.
4. Successfully defending DWI cases requires a focused approach.
5. You may face mandatory jail time if you are convicted of two or more DWI offenses. Be aware that there's no time limit on when the second DWI may occur. Even if your first DUI conviction happened when you were young and in college, a repeat offense 30 years later could still result in felony charges and imprisonment.

DWI laws and penalties can change, so you need to consult legal counsel for the most up-to-date information and guidance if facing DWI charges in Abilene.

What Does an Abilene DWI Defense Lawyer Do?

A DWI defense lawyer is pivotal in representing and advocating for clients facing DWI charges. 

Here are some of the key tasks and responsibilities of a DWI defense lawyer:

1. Legal Consultation: A DWI defense lawyer provides an initial consultation to understand the details of the client's case. They listen to the client's side of the story, gather information about the arrest, and assess the evidence against the client.
2. Explaining the Law: The lawyer educates the client about the relevant DWI laws in their jurisdiction, including potential penalties, consequences, and the legal process.
3. Investigation: DWI defense attorneys thoroughly investigate the case. This may involve reviewing police reports, dashcam footage, bodycam footage, witness statements, and other evidence to identify weaknesses in the prosecution's case.
4. Challenging Evidence: Defense lawyers work to challenge the validity and reliability of the evidence presented by the prosecution. This can include questioning the accuracy of field sobriety tests, breathalyzer results, and blood tests.
5. Court Representation: The DWI defense attorney represents the client in court if the case goes to trial. They present arguments, cross-examine witnesses, and advocate for the client's innocence or the most favorable outcome.
6. Negotiation: In many cases, defense lawyers negotiate with prosecutors to reach a plea agreement. This may result in reduced charges, lesser penalties, or alternatives to incarceration, such as probation or diversion programs.
7. Protecting Rights: Defense lawyers ensure that their clients' constitutional rights are protected throughout the legal process. This includes ensuring that law enforcement followed proper procedures during the arrest and investigation.
8. Driver's License Issues: DWI defense lawyers often assist clients in dealing with driver's license issues, including requesting hearings to contest license suspension and helping clients obtain occupational licenses when necessary.
9. Expert Witnesses: Defense lawyers may need to call upon expert witnesses, such as toxicologists or accident reconstruction specialists, to provide testimony that supports the defense's arguments.

Overall, a DWI defense lawyer protects the client's rights, builds a strong defense, and achieves the best possible outcome for the case. 

Give David and his legal team a call today! Call 325-437-3311 for your free consultation with our skilled criminal defense attorneys in Abilene.