Arlington DWI Defense Lawyer
Let Our Firm Protect Your Rights & Future
Texas takes drunk driving offenses very seriously. If you are convicted of driving while intoxicated (DWI), it can have a devastating impact on your life.
The Law Office Of Mark M. Childress is a leading law firm with a primary focus on defending individuals against DWI charges in Arlington, Texas. Attorney Mark M. Childress, the founder of our firm, is a seasoned DWI defense lawyer with a proven track record of successfully representing clients throughout Arlington and the surrounding areas. With a deep understanding of Texas DWI laws and a commitment to personalized legal services, we are here to stand by your side and fight for your rights.
Texas DWI Laws
In Texas, it is illegal to operate a motor vehicle with a BAC of 0.08% or higher for adults (21 and older). For commercial drivers, the limit is 0.04%, and for individuals under 21, any detectable amount of alcohol in their system is prohibited (Zero Tolerance policy).
Texas follows an "implied consent" law, which means that by obtaining a driver's license, individuals agree to submit to a chemical test (blood, breath, or urine) to determine their BAC if law enforcement suspects them of DWI. Refusing to take the test can result in a driver's license suspension.
Texas DWI Penalties
Penalties for DWI convictions in Texas can include fines, jail time, license suspension, mandatory alcohol education or treatment programs, and community service. The severity of these penalties increases with the number of DWI offenses.
A first-time DWI offense in Texas can result in fines up to $2,000, a jail term of 72 hours to 180 days, a license suspension for up to one year, and an annual surcharge of $1,000 to $2,000 for three years to keep your license.
Repeat DWI offenses in Texas carry more severe penalties. A second DWI offense may lead to a jail term of 30 days to one year, a license suspension of up to two years, and higher fines. For a third DWI offense, the penalties become even more severe.
In some cases, a DWI offense can be charged as a felony, particularly if it results in injury or death to another person. Felony DWI convictions have more severe consequences, including substantial prison sentences.
Common Legal Defenses Against DWI Charges
Defending against DWI (Driving While Intoxicated) charges in Texas can be complex, but there are several common legal defenses that a skilled DWI attorney can use to challenge the prosecution's case. These defenses can potentially result in reduced charges, case dismissal, or a more favorable outcome.
Here are some of the common legal defenses to DWI charges in Texas:
- Lack of Probable Cause: Law enforcement must have a valid reason to stop and detain a driver. If they lack probable cause to believe you were violating traffic laws or impaired, any evidence obtained during the stop may be inadmissible in court.
- Illegal Search and Seizure: If the police conducted a search or seizure without a valid warrant or probable cause, it may violate your Fourth Amendment rights. Evidence obtained through an illegal search and seizure may be suppressed.
- Improper Field Sobriety Tests: Field sobriety tests are often used to assess a driver's sobriety. However, they are subjective and can be influenced by various factors such as the environment and the individual's physical condition. If the tests were administered improperly or unfairly, their results may not be reliable in court.
- Inaccurate Breath or Blood Testing: Breathalyzer and blood tests are common methods for determining blood alcohol content (BAC). These tests can be challenged if there were calibration or maintenance issues with the testing equipment, improper administration, or other factors that could lead to inaccurate results.
- Rising BAC Defense: Alcohol absorption in the body is not instantaneous, and it takes time for the body to metabolize alcohol. If you consumed alcohol just before driving, your BAC may not have been over the legal limit while you were driving, even if it was when the test was administered. This "rising BAC" defense can be used to challenge the results of a BAC test.
- Medical Conditions: Certain medical conditions, such as acid reflux or diabetes, can produce false positives on breathalyzer tests. If you have a medical condition that could affect the accuracy of the test, your attorney may use this as a defense.
- No Miranda Warning: If you were not read your Miranda rights when you were arrested, any statements you made while in custody may be inadmissible in court.
- Witness Credibility: Your attorney may question the credibility of witnesses, including the arresting officer, if there are inconsistencies or contradictions in their statements.
- Rising Defense: In some cases, a driver may have consumed alcohol just before driving, and their BAC was still rising when they were tested. This defense argues that the driver was not over the legal limit while driving but was only over the limit when the test was administered.
- Necessity Defense: If you were forced to drive while intoxicated due to a threat to your safety or the safety of others, you may have a necessity defense. This defense argues that there was a valid reason for your actions.
- Violation of Rights: If your rights were violated during the arrest or investigation process, such as failure to be informed of your rights, unlawful detention, or coercive questioning, your attorney may argue that your rights were violated.
- Error in Police Procedure: Your attorney may scrutinize the entire arrest process to identify any procedural errors made by law enforcement. Any mistakes in following proper protocols could weaken the prosecution's case.
Why Choose Us?
If you are facing DWI charges, you need a skilled and experienced lawyer on your side. At the Law Office of Mark M. Childress, we have the knowledge and the skills necessary to help you successfully resolve your legal matter.
Here's why you should choose the Law Office Of Mark M. Childress:
- Extensive Experience: Attorney Mark M. Childress has years of experience in DWI defense, with a deep understanding of Texas DWI laws and courtroom procedures.
- Personalized Approach: We understand that every DWI case is unique. We provide personalized legal strategies tailored to your specific circumstances.
- Proven Success: Our track record speaks for itself. We have successfully defended countless clients against DWI charges, helping them achieve favorable outcomes.
- Local Expertise: We are based in Arlington, Texas, and have a strong familiarity with the local legal landscape, judges, and prosecutors.
- Dedication: Our commitment to our clients is unwavering. We will fight tirelessly to protect your rights and future.
Our Arlington DWI defense lawyers understand that DWI offenses can have a lasting impact on your life. We are committed to helping you resolve your matter as quickly and as smoothly as possible.
My questions were heard and answered without having to ask twice.
“Value a capable team with experienced staff. For the past 9 months, the folks at the Law Offices of Mark Childress handled my case with class and empathy. My questions were heard and answered without having to ask twice. I felt like I was kept in the loop and always briefed properly. As I move forward with other ventures I wouldn't be surprised if we crossed paths again. And hats off to Konner, THANK YOU!”
Mark was there to answer every question, every phone call and did it in a way that I felt as if I were his only client.
“I needed an attorney who would stand up for me and my child during a very hard time. Mark was there to answer every question, every phone call and did it in a way that I felt as if I were his only client. He was very knowledgeable not only about the law but about the opposing attorney and the judge. He prepared me well and we won our case. I would recommend Mark Childress to anyone who is fighting for custody or in need of child support.”
I highly recommend him and his staff. They are courteous, prompt and they care.
“I called in inquiring about a divorce and how it all happens. I had 2 people call me back within an hour and in an hour maybe 2 I was talking with the lawyer. I highly recommend him and his staff. They are courteous, prompt and they care. Divorce is the hardest thing we will go through minus losing a kid and his team will be retained. He even called me back himself the next day to see how I was. Great service.”
This guy is amazing. In a matter of minutes, he accomplished what no other attorney could in 6 years.
“This guy is amazing. In a matter of minutes, he accomplished what no other attorney could in 6 years. He had my case figured out in 1short conversation and had what he called "a convoluted mess" fixed. I'm pretty sure my ex felt like he'd been hit by a bus. My family is finally in tact and everyone is finally happy.”
Direct Access To Your Attorney
Our Attorneys personally handle each case themselves. You will have direct access to your attorney to be able to get the answers that you need.
TransparencyHonesty and transparency are critical in building trust with your attorney. You will always know what is going on with your case every step of the way.
At our firm you're not just a case number, our staff will always know the status of your case and help to make your situation more manageable.
Personalized ApproachOur team understands that no two cases are the same. Your strategy will be tailored specifically to you and your family's goals.