Driving under the influence (DUI) is a serious offense that can lead to severe consequences for those charged. As Corpus Christi DUI lawyers, we understand the complexities of the legal system and are dedicated to helping our clients navigate the various types of DUI charges.
Here, you can learn about the different types of DUI charges in Texas and their impact on your life.
If you have been charged with a DUI in Corpus Christi and need legal representation, contact our office to schedule a consultation.
Understanding DUI Charges in Texas
In Texas, DUI charges can be categorized into various types, depending on the severity of the offense and the unique circumstances of each case.
Here are some of the most common types of DUI charges that Corpus Christi DUI lawyers encounter:
- DUI With a Blood Alcohol Concentration (BAC) of 0.08% or Higher
- DUI With a Minor in the Vehicle
- DUI With an Open Container of Alcohol
- DUI Causing Injury or Death
- DUI With Multiple Prior Convictions
Let’s delve into the details of each type of charge.
DUI With a Blood Alcohol Concentration (BAC) of 0.08% or Higher
The most common type of DUI charge in Texas involves a driver operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. This is considered the legal limit for intoxication in most states across the United States, including Texas.
- In 2019, there were 24,955 DUI-related crashes in Texas, resulting in 886 fatalities and 2,161 serious injuries.
- According to the Texas Department of Transportation, a person is injured or killed in a DUI-related crash every 20 minutes in the state.
DUI With a Minor in the Vehicle
Driving under the influence of a minor (under 15 years old) in the vehicle is considered a more severe offense in Texas.
This DUI charge can increase penalties, including higher fines and longer jail sentences.
- In 2019, 211 children under 15 were killed in DUI-related crashes in Texas.
- Texas law mandates that any driver convicted of DUI with a minor in the vehicle faces a minimum of 180 days in jail and a fine of up to $10,000.
DUI With an Open Container of Alcohol
Operating a motor vehicle with an open container of alcohol is a separate offense in Texas. If an individual is charged with DUI and found to have an open container of alcohol in the vehicle, they will face additional penalties.
- In Texas, open container violations can result in a fine of up to $500.
- A driver convicted of DUI with an open container may face at least six days in jail and any other penalties associated with the DUI charge.
DUI Causing Injury or Death
A DUI that results in injury or death is considered a particularly severe offense in Texas. Depending on the circumstances, the charges can be categorized as intoxication assault or intoxication manslaughter.
- In 2019, 886 people were killed in DUI-related crashes in Texas, and 2,161 suffered serious injuries.
- Intoxication assault is a third-degree felony, punishable by up to 10 years in prison and a fine of up to $10,000.
- Intoxication manslaughter is a second-degree felony, punishable by up to 20 years in prison and a fine of up to $10,000.
DUI With Multiple Prior Convictions
Repeat offenders are more likely to face harsher penalties for DUI charges in Texas. The severity of the penalties increases with each subsequent conviction, as the state aims to deter repeat offenders and ensure public safety.
- A second DUI conviction in Texas is punishable by up to one year in jail, a fine of up to $4,000, and a two-year driver’s license suspension.
- A third DUI conviction is considered a third-degree felony, punishable by up to 10 years in prison, a fine of up to $10,000, and a two-year driver’s license suspension.
Understanding DUI Penalties in Texas
The penalties for DUI charges in Texas can be quite severe, depending on the specific circumstances of each case. Corpus Christi DUI lawyers are well-versed in the various penalties associated with different DUI charges.
Here’s a brief overview of the potential penalties for DUI offenses in Texas:
First-time DUI Offenders:
- Up to 180 days in jail
- A fine of up to $2,000
- Driver’s license suspension for up to one year
- Mandatory attendance at a DUI education or intervention program
Second-time DUI Offenders:
- Up to one year in jail
- A fine of up to $4,000
- Driver’s license suspension for up to two years
- Mandatory attendance at a DUI education or intervention program
Third-time DUI Offenders:
- Up to 10 years in prison
- A fine of up to $10,000
- Driver’s license suspension for up to two years
- Mandatory attendance at a DUI education or intervention program
Can You Avoid Losing Your License When Facing DUI Charges?
One of the primary concerns for individuals facing DUI charges in Texas is the potential loss of their driver’s license. In many cases, losing a license can significantly impact a person’s ability to work, attend school, or fulfill other daily responsibilities. While it can be challenging to avoid a license suspension entirely, there are steps you can take to minimize the impact of a DUI charge on your driving privileges.
In this situation, hiring an experienced Corpus Christi DUI attorney is essential. A knowledgeable attorney can help you navigate the legal process, identify potential weaknesses in the prosecution’s case, and work to achieve the best possible outcome for your situation.
In some cases, a skilled attorney may be able to negotiate a plea deal that results in a reduced charge or a lesser penalty, which could include avoiding license suspension.
Another critical step is requesting an Administrative License Revocation (ALR) hearing within 15 days of your arrest. The ALR hearing is separate from your criminal case and allows you to contest the license suspension. Successfully arguing your case at the ALR hearing could help you avoid losing your license. However, remember that winning the ALR hearing doesn’t guarantee a favorable outcome in your criminal case.
You may be eligible for an occupational driver’s license if your license is suspended. This type of restricted license allows you to drive to and from work, school, or other essential activities during suspension. Your attorney can help you apply for an occupational driver’s license and guide you through the process.
Potential Defenses Against DUI Charges
Navigating the complex landscape of DUI charges can be daunting, but understanding potential defenses is crucial to achieving the best possible outcome.
Here, you will find some common defenses against DUI charges that experienced attorneys may utilize.
Improper Stop by Law Enforcement
One of the primary defenses against DUI charges is challenging the legality of the traffic stop itself. If a law enforcement officer did not have reasonable suspicion to pull you over, any evidence obtained during the stop might be deemed inadmissible in court. An experienced DUI attorney can evaluate the traffic stop’s circumstances and determine if the officer’s actions were lawful.
Inaccurate Field Sobriety Tests
Officers commonly use field sobriety tests to assess a driver’s impairment. However, these tests can be subjective and may not accurately reflect a person’s level of intoxication. Factors such as medical conditions, fatigue, or uneven terrain can impact the test results. A skilled attorney can challenge the validity of field sobriety tests and argue that the results are not reliable evidence of intoxication.
Faulty Breathalyzer Results
Breathalyzer tests measure a driver’s blood alcohol concentration (BAC). However, these devices can sometimes produce inaccurate results due to improper calibration, maintenance, or administration. A DUI attorney may be able to argue that the breathalyzer results are unreliable and should not be considered evidence against the defendant.
Rising Blood Alcohol Defense
In some cases, a driver’s BAC could have been below the legal limit while driving but increased by the time the test was administered. This is known as the “rising blood alcohol defense.” An attorney can use this argument to contest the validity of the BAC results, suggesting that the driver was not legally intoxicated while operating the vehicle.
Medical Conditions and Medications
Certain medical conditions, such as diabetes or acid reflux, can affect the results of breathalyzer tests or mimic the symptoms of intoxication. Additionally, some medications may cause side effects that resemble impairment. An experienced attorney can use this information to build a defense against DUI charges.
The Role of Corpus Christi DUI Lawyers in DUI Cases
A skilled Corpus Christi DUI lawyer is crucial in defending clients facing DUI charges. These legal professionals can assist in the following ways:
- Evaluating the case: Corpus Christi DUI lawyers can evaluate the facts of the case, identify potential weaknesses in the prosecution’s argument, and develop a strong defense strategy.
- Challenging evidence: In some cases, DUI lawyers may challenge the validity of the evidence, such as the accuracy of breathalyzer tests or the legality of the traffic stop.
- Negotiating plea deals: Corpus Christi DUI lawyers can negotiate with the prosecution to secure a favorable plea deal, which may result in reduced charges or penalties.
- Representing clients in court: If the case goes to trial, a skilled DUI lawyer will represent the client in court, presenting a persuasive defense and advocating for the best possible outcome.
Contact Our Corpus Christi DUI Lawyer for Assistance with Your Case
DUI charges can severely affect individuals, impacting their personal and professional lives.
Understanding the different types of DUI charges and the associated penalties is essential for those facing these charges. Corpus Christi DUI lawyers are dedicated to providing expert legal representation and guidance to clients navigating the complexities of the Texas legal system.
If you or a loved one is facing a DUI charge, it’s crucial to seek the assistance of an experienced DUI attorney to protect your rights and achieve the best possible outcome in your case.