In Texas, if you are arrested for Driving While Intoxicated (DWI), the prosecutor can also charge you with Possession of a Controlled Substance. This means that if you are caught with a small number of drugs in your possession, you could face severe criminal penalties. This article will discuss what you need to know about being charged with DWI and drug possession in Dallas. We will also give you tips on when you should hire a lawyer.
What Is DWI in Dallas
In Dallas, DWI is defined as operating a motor vehicle while intoxicated. This can be done by either having a blood alcohol concentration (BAC) of .08% or higher or being impaired to the point where you cannot operate a vehicle safely.
If the police stop you and have reason to believe you are intoxicated, they will likely ask you to take a field sobriety test. If you fail this test, or if your BAC is over the legal limit, you will be placed under arrest for DWI.
By the time of your arrest, you have the right to speak with your lawyer in Dallas. There are a lot of reputable criminal defense lawyers in Dallas; make sure you choose one you feel comfortable with so they can best represent you in court.
What Is Possession Of A Controlled Substance in Dallas?
Possession of a controlled substance is defined as having drugs in your possession that are illegal to possess under Texas law. The amount of the drug in your possession will determine what level of charges you face.
For example, if you are caught with a small amount of marijuana, you will likely be charged with a misdemeanor. However, if you are caught with many drugs, you could face felony charges.
What Happens If I Am Charged With Both DWI And Possession Of A Controlled Substance
If you are charged with DWI and Possession of a Controlled Substance in Dallas, you will face two separate criminal cases. The penalties for each crime will be handled separately.
- If you are convicted of DWI, you could face up to a year in jail and a $4,000 fine.
- If you are convicted of Possession of a Controlled Substance, you could face up to 10 years in prison and a $10,000 fine.
It is important to note that if you are facing charges for DWI and Possession of a Controlled Substance, you could face enhanced penalties.
Should You Hire A Drug Possession Lawyer Or Criminal Defense Lawyer
If you or someone you know has been arrested for DWI and possessing a controlled substance, it is essential to understand the difference between these charges and how they may be handled in court.
A DWI charge is a criminal offense that can lead to jail time, a fine, or both. On the other hand, possession of a controlled substance is considered a civil offense. This means that the penalties are less severe and may only result in a fine or probation. Because of the different nature of these charges, it is essential to consult with an attorney specializing in each area.
A criminal defense lawyer can better navigate the criminal justice system and fight for your rights. In contrast, a drug possession lawyer will be more familiar with drug crime laws and can help you avoid severe penalties.
In some cases, hiring both types of lawyers may be in your best interest. However, ultimately, whether or not to hire an attorney should be based on your circumstances.
Why Hiring A Criminal Defense Attorney For DWI Charges Is The Right Option
There are several reasons why you should consider hiring a criminal defense attorney for DWI charges in Dallas. Here are some key reasons.
1. Knowledge And Experience
An excellent criminal defense attorney will have extensive knowledge and experience dealing with DWI cases. They will know the law's ins and outs and can give you the best possible advice on how to proceed with your case.
2. Objective Perspective
It can be tough to remain objective when facing DWI charges. A criminal defense attorney will be able to provide you with an objective perspective on your case and will be able to offer unbiased advice.
3. Improved Chances Of Success
The vast majority of people who are charged with DWIs in Dallas are ultimately convicted. However, if you hire a skilled and experienced criminal defense attorney, your chances of success will be significantly improved.
4. Peace Of Mind
Hiring a criminal defense attorney will give you peace of mind during a stressful time. You will know that you have someone on your side who is dedicated to fighting for your rights and ensuring the best possible outcome for your case.
Many people believe that hiring a criminal defense attorney is too expensive. However, this is not true. There are many affordable options available, and in many cases, the cost of hiring an attorney will be more than offset by the savings you'll enjoy by avoiding a conviction.
These are just a few reasons to hire a criminal defense attorney for DWI charges in Dallas. Don't hesitate to contact an experienced attorney if you are facing DWI charges. One of the top reputable law firms in Dallas that provide excellent legal services is the Fellman Law Office, PLLC. Their reputable criminal defense lawyers can evaluate the facts of your case and advise you on the best way to proceed.
Possible Defenses To DWI Charges In Dallas
In Dallas, operating a motor vehicle while intoxicated (DWI) is illegal. If you are stopped by police and charged with DWI, you may face significant penalties, including jail time, fines, and losing your driver's license. However, several possible defenses can be raised in response to a DWI charge. Some of the most common reasons for DWI charges include the following:
1. The Stop Was Illegal
Police must have a valid reason for pulling you over before they can administer a breath or blood test. Any evidence obtained from the visit might be suppressed if the stop was illegal.
2. The Breath Or Blood Test Was Inaccurate
Breath and blood tests are not always accurate, and numerous factors can affect their accuracy. If the test results are inaccurate, it may be possible to get the charges dismissed.
3. You Were Not Intoxicated
Several factors can contribute to a false positive on a breath or blood test, including medical conditions and the use of certain medications. If you can show that you were not intoxicated at the time of the stop, you should be able to get the charges dismissed.
4. The Police Did Not Follow The Proper Procedure
There are strict rules that police must follow when conducting DWI stops and administering breath or blood tests. If the police did not follow proper procedure, it might be possible to get the charges dismissed or reduced.
5. The Evidence Is Inconclusive
Even if the breath or blood test results indicate that you were intoxicated, other evidence may suggest you were not impaired. An experienced attorney will know how to challenge the prosecution's evidence and build a strong defense on your behalf.
These are just a few possible defenses that can be raised in response to DWI charges. If you have been charged with DWI, consulting with an experienced criminal defense attorney is essential.
Tips For Finding The Best Criminal Defense Attorney In Dallas
If you have been charged with DWI, it is essential to hire an experienced criminal defense attorney as soon as possible. The following tips can help you find the best attorney for your case.
1. Attorney With Experience Handling DWI Cases
When hiring a criminal defense attorney and experience matters, you should look for an attorney with significant experience handling DWI cases in Dallas.
2. Attorney Is Licensed To Practice In Texas
It is essential to ensure that the attorney you hire is licensed to practice law in Texas. If the attorney is not licensed in Texas, they will not be able to represent you in court.
3. Ask For Referrals
If you know anyone who has been charged with DWI, ask for referrals. Friends and family members may be able to recommend a reasonable attorney for your case.
4. Check Online Reviews
It is easy to find online reviews for just about anything. When you are looking for a criminal defense attorney, be sure to check online reviews to see what other people have to say about the attorneys you are considering.
5. Schedule A Consultation
Once you have narrowed your options, schedule consultations with the attorneys you are considering. This will allow you to meet with the attorney, discuss your case, and get a feel for whether or not the attorney is a good fit for you.
Contact A Criminal Defense Attorney In Dallas
Being charged with a crime is a serious matter with severe consequences if you are convicted. If you have been charged with DWI and drug possession in Dallas, it is essential to understand the charges against you and what your legal options are. Although drug possession can only be a civil case and with minimal punishment, a drug possession lawyer can help.
On the other hand, DWI is a criminal offense that can result in jail time, a loss of driving privileges, and heavy fines. If you have been charged with DWI in Dallas, it is essential to hire an experienced criminal defense attorney as soon as possible.
The Fellman Law Office PLLC has extensive experience handling DWI cases in Dallas. Their experienced attorneys will aggressively defend your rights and work to get the best possible outcome in your case. Contact the Fellman Law Office PLLC today to schedule a consultation.