Texas Felony Driving While Intoxicated Arrest

Texas Felony Driving While Intoxicated arrest is a serious crime which can have a tremendous impact on a person’s life. In Texas you can be charged with a Felony Driving While Intoxicated if you have had two prior convictions for DWI. Texas Felony Driving While Intoxicated arrest can happen to anyone who has had a history of arrest for DWI convictions. Recent news of Patrick Mahomes Dads arrest for a Texas Felony Driving While Intoxicated proves that. No matter what your status is in life the police will charge you for a felony DWI if you have previous convictions.

Even though a Felony Driving While Intoxicated arrest is serious there are defenses an experienced criminal attorney can use to defend the charge or negotiate a favorable plea bargain with the prosecutor. Successfully defending a Texas Felony DWI charge is a two-prong attack. The criminal lawyer must gather all the evidence and determine if there is a valid defense. The question of whether the defendant was “intoxicated” at the time he or she was driving is the most common defense used. A defense attorney will also examine the reasons for the police stopping the defendant and whether there was probable cause to do that. An experienced criminal lawyer will also look at whether the field sobriety test used by the officer were correctly administered and if there are problems with the blood draw and if the testing was done properly.

At the same time the criminal attorney should determine if the client has a drinking problem. Previous arrest for DWI is an indication the client needs treatment. Under the protection of the attorney client privilege criminal lawyers often have their clients undergo an evaluation to determine if they need treatment. If treatment is needed, then that should begin right away. The lawyer can decide when and how to use the evaluation or treatment during negotiations with the prosecutor.

If you are arrested for a Texas Felony DWI hire an experienced attorney as soon as possible. The consequences of a felony conviction are life changing and you will need the best defense possible.

Can I be arrested for dwi/dui if I wasn’t driving?

“Can I be arrested for dwi/dui if I wasn’t driving? That is a question many people ask who were in the car when the police approached them, but actually not driving.  Unfortunately, the short answer is, yes. There are a few ways in which this can happen. The state has only to prove that you were driving or operating a motor vehicle.

For example. The police come upon you after an accident, and you are standing outside of the car. Your admission to them that you were driving can be all the evidence they need to make an arrest. Good Samaritans at the scene can also testify to put you behind the wheel. There is nothing you can do about the eyewitnesses, but you do not need to help the police build their case. Don’t talk to the police if you have been in a wreck and you have been drinking. You will only hurt yourself and probably get arrested.

Here is another piece of advice. Let’s say you decide to pull over or stay in a parking lot and sleep it off. Do not leave the engine running to stay warm. Texas case law says that merely turning on the car is operating a motor vehicle. The fact that your car engine is running, and you are behind the wheel can give the police enough evidence to arrest.

Sometimes “friend” or family member calls the police and says to the that you were driving and intoxicated. There may be witnesses that reported your car weaving or driving dangerously. You are now home in bed. There is no law that says you have to answer the door when the police knock. Don’t to help the police build their case against you. If you talk to the police and admit you were driving the police may then have enough evidence to arrest, you.

So, the answer to the question “Can I be arrested for dwi/dui if I wasn’t driving?” is yes. A good criminal lawyer can help if you find yourself arrested for DUI. A criminal lawyer can use facts like this to use to your advantage in trial or at a hearing.