Kerrville DWI Attorneys

Charged with a DWI in Kerrville, TX?

Facing a DWI charge can be an overwhelming experience, but you don’t have to navigate it alone. At Cofer & Connelly, PLLC, we are dedicated to defending clients in Kerrville and the surrounding areas who have been charged with Driving While Intoxicated (DWI). Whether it’s your first offense or you’re dealing with multiple DWI charges, our legal team will work diligently to protect your rights, your driving privileges, and your future. 

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

What is Considered a DWI in Texas?

In Texas, a DWI (Driving While Intoxicated) is defined by the Texas Penal Code Section 49.04 as operating a motor vehicle in a public place while intoxicated. "Intoxicated" means:

• Having a blood alcohol concentration (BAC) of 0.08% or higher,
• Lacking the normal use of mental or physical faculties due to the introduction of alcohol, drugs, or a combination of substances.

Texas law does not distinguish between alcohol and drugs when it comes to DWI charges. You can be charged with a DWI even if your BAC is below 0.08% if law enforcement believes you are impaired and unable to drive safely.

A DWI charge is more than just a traffic violation. It is a criminal offense that can lead to severe penalties, including fines, license suspension, and jail time. Whether you are a first-time offender or have prior convictions, the consequences can have long-lasting effects on your personal and professional life.

DWI Penalties in Texas

The penalties for a DWI conviction in Texas vary depending on factors such as your BAC level, prior DWI convictions, whether an accident occurred, and if any passengers were minors at the time of the offense. 

1st DWI Offense:

• Class B misdemeanor
• Fine up to $2,000
• Jail time between 3 and 180 days
• Driver’s license suspension for up to 1 year
• Annual surcharge of $1,000 to $2,000 for 3 years to retain your driver’s license
• Mandatory alcohol education program
• Installation of an ignition interlock device (in certain cases)

2nd DWI Offense:

• Class A misdemeanor
• Fine up to $4,000
• Jail time between 30 days and 1 year
• Driver’s license suspension for up to 2 years
• Annual surcharge of $1,500 to $2,000 for 3 years
• Mandatory alcohol treatment program
• Installation of an ignition interlock device

3rd DWI Offense:

• 3rd Degree Felony
• Fine up to $10,000
• Prison time between 2 and 10 years
• Driver’s license suspension for up to 2 years
• Annual surcharge of $1,500 to $2,000 for 3 years
• Installation of an ignition interlock device

Additional Aggravating Factors:

• DWI with a Child Passenger: If you are caught driving under the influence with a passenger under 15 years old, you face a State Jail Felony, which carries up to 2 years in jail, fines up to $10,000, and a longer license suspension.
• Enhanced Penalties for High BAC: A BAC of 0.15% or higher can lead to enhanced penalties, even for a first offense, including a Class A misdemeanor charge and higher fines.
• Accidents and Injuries: If you cause an accident while driving intoxicated, especially one resulting in serious injury (Intoxication Assault) or death (Intoxication Manslaughter), you could face felony charges, long prison sentences, and steep fines.

Legal Defenses to DWI Charges

A DWI charge doesn’t mean a guaranteed conviction. There are several legal defenses available to challenge the prosecution’s case and protect your rights. Our San Marcos DWI lawyers will evaluate the specifics of your case and build a defense strategy tailored to your situation.

Some common legal defenses to DWI charges include:

• Improper Stop by Law Enforcement: Police must have reasonable suspicion to pull you over. If the stop that led to your arrest was unlawful, we can challenge the validity of the stop and potentially get the case dismissed.
• Faulty Field Sobriety Tests: Field sobriety tests, like the walk-and-turn or one-leg stand, are subjective and can be impacted by a variety of factors. Medical conditions, poor instructions from the officer, or uneven surfaces can all lead to inaccurate results.
• Inaccurate Breathalyzer Results: Breathalyzer devices are not foolproof and can give false readings due to improper calibration, operator error, or medical conditions like acid reflux. We will review the maintenance and use of the Breathalyzer in your case to determine if the results are unreliable.
• Violation of Your Rights: Your rights must be respected throughout the arrest process. If law enforcement failed to read you your Miranda rights, mishandled evidence, or violated due process, this could provide grounds for challenging the charges against you.
• Blood Test Errors: If a blood test was used to determine your BAC, the process for collecting and handling the sample must follow strict protocols. Any errors in the chain of custody, storage, or testing could lead to inaccurate results, which we can challenge in court.

How a Kerrville DWI Lawyer Can Help

At Cofer & Connelly, PLLC, we have a deep understanding of DWI laws and how to navigate the complexities of the legal system in Kerrville, TX. Our team has handled numerous DWI cases and successfully defended clients facing various circumstances.

When you hire us, we will:

• Thoroughly investigate the circumstances of your arrest
• Review evidence, including dashcam and bodycam footage
• Challenge unlawful stops or improper testing methods
• Negotiate with prosecutors to reduce or dismiss charges
• Represent you in court and advocate aggressively on your behalf

We know what’s at stake when facing a DWI charge, from your freedom to your ability to drive. Our goal is to minimize the impact of these charges on your life and to pursue the best possible outcome in your case.

Call (512) 991-0576 or contact us online today to discuss your case with our team.