If a police officer stops you for suspected Driving While Intoxicated (DWI) in San Angelo, Texas, several adverse consequences may result – including the loss of your driver’s license. However, in certain situations, you can get your license back for certain essential appointments, such as work or school.
If you are currently facing DWI charges, always have a knowledgeable San Angelo DWI defense lawyer in your corner advocating for you. Your lawyer can seek to get your driver’s license back and can defend you against your pending criminal charge.
When Can a Police Officer Initiate a DWI Stop in Texas?
In San Angelo, Texas, police officers can initiate a DWI stop under various circumstances outlined by law. These circumstances typically involve observations of behavior or evidence that suggests a driver may be impaired by alcohol or drugs. Here are some situations when a police officer may initiate a DWI stop:
- Traffic Violations – If a driver commits a traffic violation, such as speeding, running a red light, or swerving between lanes, a police officer has the authority to stop the vehicle. During the stop, if the officer detects signs of impairment, they may investigate further for possible DWI.
- Erratic Driving Behavior – Erratic or unusual driving behavior, such as weaving in and out of lanes, driving too slowly, or making abrupt turns, can raise suspicion of impairment. Police officers are trained to recognize these signs and may initiate a DWI stop to assess the driver’s condition.
- Anonymous Tips – In some cases, law enforcement may receive anonymous tips or reports from other drivers or witnesses regarding a potentially impaired driver on the road. While anonymous tips alone may not always justify a DWI stop, they can contribute to the officer’s decision-making process.
- Checkpoint Operations – Law enforcement agencies in San Angelo may conduct DWI checkpoint operations at designated locations to identify and deter impaired driving. These checkpoints are typically set up at times and locations where impaired driving is more likely to occur, such as late at night or during holidays.
- Observable Signs of Impairment – During routine traffic stops or interactions with drivers, police officers may observe signs of alcohol or drug impairment, such as slurred speech, bloodshot eyes, or the smell of alcohol or drugs emanating from the vehicle. These observations can provide probable cause for a DWI stop and further investigation.
Overall, police officers in San Angelo, Texas, are authorized to initiate DWI stops when they have reasonable suspicion or probable cause to believe that a driver is operating a vehicle while intoxicated.
Consequences of a DWI in San Angelo
Facing a DWI charge in San Angelo, Texas, can lead to severe consequences that affect various aspects of your life. The potential penalties for a DWI conviction may include fines, probation, community service, mandatory alcohol education classes, and even jail time, depending upon factors like prior offenses and the level of intoxication.
One of the most significant consequences of a DWI conviction in San Angelo is the suspension or revocation of your driver’s license. Upon arrest for DWI, the Texas Department of Public Safety (DPS) typically initiates a process known as Administrative License Revocation (ALR). This means that your license may be suspended if you fail or refuse to take a blood or breath test to measure your blood alcohol concentration (BAC). The length of the suspension depends upon various factors, including whether you have prior DWI convictions on your record.
For a first-time DWI offense in San Angelo, your license may be suspended for up to 90 days if you fail a chemical test or 180 days if you refuse to take the test. The suspension periods are longer for subsequent offenses. Additionally, if you are convicted of DWI in criminal court, your license may be suspended as part of your sentence.
However, it’s important to note that you may be eligible for an Occupational Driver’s License (ODL), which allows you to drive for essential purposes, such as work, school, and medical appointments, during your license suspension period. To obtain an ODL, you must demonstrate a legitimate need to drive and fulfill certain requirements, such as installing an Ignition Interlock Device (IID) on your vehicle.
Overall, the consequences of a DWI in San Angelo, Texas, can be severe, including the potential loss of your driver’s license. Seeking the assistance of an experienced DWI defense attorney is crucial for navigating the legal process and minimizing the effects of a DWI charge on your life.
Common Defenses to a DWI Charge in San Angelo
When facing a DWI charge in San Angelo, Texas, there are several common defenses that a skilled defense attorney may use to challenge the prosecution’s case. These defenses aim to cast doubt on the evidence presented and raise questions about the legality of the DWI stop – or the accuracy of the chemical tests conducted. Here are some of the most common defenses:
- Challenging the Validity of the Traffic Stop – One of the primary defenses to a DWI charge is challenging the legality of a traffic stop. If the police officer did not have reasonable suspicion or probable cause to initiate the stop, any evidence obtained after that may be deemed inadmissible in court.
- Questioning Field Sobriety Tests—Law enforcement commonly uses field sobriety tests, such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN) test, to assess a driver’s level of impairment. However, these tests are subjective and may be influenced by factors other than intoxication, such as nervousness or physical conditions. Defense attorneys may challenge the validity and reliability of these tests in court.
- Challenging Breath or Blood Test Results – Breathalyzer and blood tests are used to measure a driver’s BAC. However, these tests are not infallible and may produce inaccurate results due to factors such as improper administration, calibration issues, or medical conditions. Defense attorneys may challenge the admissibility of the test results or seek to suppress them if there are doubts about their reliability.
- Rising Blood Alcohol Defense – The “rising blood alcohol” defense asserts that the driver’s BAC was below the legal limit at the time of driving but rose to an illegal level by the time they were tested. This defense relies on expert testimony and scientific evidence to demonstrate how alcohol absorption and metabolism rates can affect BAC levels over time.
By employing these defenses, a skilled DWI defense attorney can effectively challenge the prosecution’s case and seek a favorable outcome for their client in San Angelo, Texas.
Speak with a Skilled DWI Defense Attorney in San Angelo Today
If you were recently arrested for DWI in San Angelo, it is essential that you have a knowledgeable San Angelo criminal defense attorney in your corner. Your lawyer can review the circumstances of your arrest with you, determine your eligibility for raising a legal defense, and represent you during all legal proceedings in pursuit of the best possible result.