Gillespie County DWI Lawyer

Let Us Fight for You!

At Cofer & Connelly, PLLC, we understand the stress and uncertainty that comes with being charged with a DWI (Driving While Intoxicated) in Gillespie County, Texas. Our experienced team of attorneys is dedicated to providing you with the highest level of legal representation to protect your rights and help you navigate the complexities of DWI charges.

Contact us today at (512) 991-0576 for an initial consultation.

What is Considered a DWI in Texas?

In Texas, a DWI charge occurs when a person operates a motor vehicle in a public place while intoxicated. Intoxication can be defined in several ways:

1. Blood Alcohol Concentration (BAC): A person with a BAC of 0.08% or higher is considered legally intoxicated.
2. Loss of Normal Use: If a person does not have the normal use of mental or physical faculties due to the consumption of alcohol, drugs, or a combination of both.
3. Controlled Substances: The presence of any controlled substance, illicit drug, or combination thereof in the system can also lead to a DWI charge.

Even if your BAC is below 0.08%, you can still be charged with a DWI if an officer believes you are impaired.

DWI Penalties

Texas imposes strict penalties for DWI offenses. The consequences vary based on factors such as BAC level, whether it’s a first offense, and if there were any aggravating factors (e.g., having a child passenger). Here’s a breakdown of potential penalties:

First Offense

• Fines: Up to $2,000
• Jail Time: 3 to 180 days
• License Suspension: 90 days to 1 year
• DWI Education Program: Mandatory

Second Offense

• Fines: Up to $4,000
• Jail Time: 30 days to 1 year
• License Suspension: 180 days to 2 years
• Ignition Interlock Device: Mandatory installation

Third Offense

• Fines: Up to $10,000
• Jail Time: 2 to 10 years (felony charge)
• License Suspension: 180 days to 2 years
• Ignition Interlock Device: Mandatory installation

Additional Penalties

• DWI with a Child Passenger: Up to $10,000 fine, 180 days to 2 years in state jail, and license suspension for up to 180 days.
• Intoxication Assault: A third-degree felony with a fine up to $10,000, 2 to 10 years in prison, and license suspension.
• Intoxication Manslaughter: A second-degree felony with a fine up to $10,000, 2 to 20 years in prison, and license suspension.

The Legal Process of a DWI Arrest

Understanding the legal process of a DWI arrest can help you navigate your case more effectively. Here’s a step-by-step overview:

1. Traffic Stop: A DWI case often begins with a traffic stop. An officer may pull you over for a traffic violation or because they suspect you are intoxicated.
2. Field Sobriety Tests: If the officer suspects intoxication, they may conduct field sobriety tests, such as the horizontal gaze nystagmus test, walk-and-turn test, and one-leg stand test. These tests assess your coordination and ability to follow instructions.
3. Breathalyzer or Blood Test: The officer may request a breathalyzer or blood test to measure your BAC. Refusing to take these tests can lead to automatic license suspension under Texas’ implied consent laws.
4. Arrest: If the officer believes there is enough evidence of intoxication, you will be arrested and taken to jail. You will be read your Miranda rights and booked.
5. Arraignment: At your arraignment, you will be formally charged and have the opportunity to enter a plea (guilty, not guilty, or no contest). The judge will also set bail.
6. Pre-Trial Motions and Hearings: Your attorney may file pre-trial motions to challenge evidence or request the case be dismissed. There may be hearings to discuss these motions and negotiate plea deals.
7. Trial: If your case goes to trial, both sides will present evidence and arguments. The jury or judge will determine your guilt or innocence.
8. Sentencing: If convicted, the judge will impose a sentence based on the severity of the offense and any prior convictions.

Defending Against DWI Charges

At Cofer & Connelly, PLLC, we employ a variety of defense strategies to protect our clients. These may include:

• Challenging the Traffic Stop: Questioning whether the officer had a valid reason to pull you over.
• Questioning Field Sobriety Tests: Arguing that the tests were improperly administered or not reliable indicators of intoxication.
• Disputing BAC Results: Challenging the accuracy and handling of breathalyzer or blood tests.
• Investigating Rights Violations: Ensuring your constitutional rights were not violated during the arrest process.

Call (512) 991-0576 or fill out our online contact form today to let us help you secure a favorable outcome in your DWI case.