Archive for June, 2018

What You Should Know About DWI Penalties

Texas criminal defense attorneyWhen arrested for a DWI, many drivers focus on only the worst consequence – going to jail. If incarceration is not imposed, then a combination of probation and a hefty set of fines is almost always the penalty. But along with that goes another possible loss of freedom: the loss of your license to drive. And your license will be affected even before you appear in court.

When you are arrested for DWI, police officers must take away your Texas driver’s license. That’s even if you agreed to take a breath or blood alcohol test. So don’t be fooled: whether you take the test or not, your license will be taken away upon arrest. But there are ways to get it back as long as you act quickly.

The consequences of a Texas DWI can be harsh

First off, you will be issued a temporary driver’s license by the state, but it’s only good for 41 days. And you have just 15 days after your arrest to request a civil hearing. A favorable outcome will mean you get your license back – and get back to your job and family.

But you must act right away; you only have 15 days to request a hearing and you must do so in writing. Those are two important numbers to remember, 41 and 15, and it may seem confusing to you. That’s why it’s so critical to contact Attorney Joseph LaBella right away so he can fight for you.

At the license hearing, the state has to prove that your arrest was based on probable cause and either that you were either legally impaired or that you failed to take the opportunity to provide a breath or blood test. That means the police officer had to offer you both the blood and breath test and had to explain the consequences to you. A skilled attorney can attack the state’s evidence at this stage and help you get your license back.

If you are convicted of DWI and not jailed, you will still face serious consequences in addition to a loss of license for possibly a year or more. If you are allowed to drive, you may have to pay the cost of having an anti-impairment device on your car ignition. You may also be ordered to pay thousands of dollars in fines to the court.

The financial drain does not stop there. You will also face much higher costs for your auto insurance when you eventually return to driving. These higher premiums can last for years. You may also be barred from renting a car. Most car rental companies will ask if you have any convictions, and if they find out you were not truthful, you will be barred from doing business with them.

For these reasons, it’s clear you will need a skilled attorney at Joseph LaBella and Associates. They are trained to fight for you.