What If I’m Arrested for DWI But I’m Not Intoxicated?

Recently, a Texas woman was charged with driving while intoxicated (DWI) even though she wasn’t intoxicated, according to KFOX 14. How could something like this happen? What should you do if you’re arrested for something you didn’t do? We explore these questions and more below.

Why Was a TX Woman Charged with DWI When She Wasn’t Intoxicated?

Per the KFOX 14 report, prior to being charged with DWI, the woman was driving home in her SUV with her three children. They were returning home from Urban Air, an indoor adventure park for kids, where they had been celebrating her daughter’s birthday. On their way home, they were involved in a single-vehicle crash. Fortunately, the woman and her kids were not injured in the accident.

Following the wreck, police reported that the woman attempted to flee the scene on foot with her children. The police report also alleges that the woman smelled of alcohol and would not comply when officers attempted to handcuff her, leading to an officer knocking her down and striking her multiple times with an open palm until she stopped resisting arrest. For her part, the woman accuses the officers of beating her so violently that they broke her nose. In addition, she claims that while one officer beat her, another blocked the view of Fire Department EMS personnel on the scene, so they couldn’t witness the incident.

The woman was ultimately arrested and charged with resisting arrest and driving while intoxicated with minors under 15. She hired a defense attorney to help her fight the charges. Her blood test proved she was not intoxicated (according to the woman’s attorney, police only took a blood sample and never offered her the option to take a field sobriety or breathalyzer test). In addition, the hospital’s emergency room report stated that she was clinically sober the night of the incident. To top it all off, she received a letter from the Texas Department of Public Safety that stated her driver’s license was reinstated (it had been suspended following the DWI arrest), because she had passed her blood test, meaning she was not intoxicated at the time she was charged with DWI.

Can I Be Charged with a DWI If I’m Not Intoxicated?

While the details of this story might be out of the ordinary compared to the average DWI incident, the fact remains that police charged this woman with DWI even though she wasn’t intoxicated. If it can happen to her, it can happen to any of us.

What Should I Do If I’m Arrested for DWI?

If you’re ever charged with DWI, contact an experienced criminal defense lawyer as soon as possible. Don’t settle for the public defender or an inexperienced attorney. You need someone defending your rights who knows what they’re doing and has your best interests at heart, because the punishments for a DWI conviction are severe.

  • First DWI – People who are convicted of DWI for the first time can be fined up to $2,000 and serve up to six months behind bars. In addition, their driver’s license could be suspended and when they’re eligible to drive again, they may be required to install an ignition interlock device on their car or truck.
  • Second DWI – If a person adds a second DWI conviction to their record, they will face fines up to $4,000 and serve as much as one year in jail. Their license can be suspended up to two years, and they may have to install an ignition interlock device on their vehicle.
  • Third DWI – A third DWI conviction can land a person in prison for up to 10 years. In addition, they could lose their driver’s license for up to two years and be forced to pay a $2,000 a year surcharge for the first three years after getting their license back to keep it in good standing. They may also have to pay up to $10,000 in fines and install an ignition interlock on their car or truck.

The penalties listed above are just a few of the punishments people can face if they’re convicted of one or more DWIs.

Facing a DWI Charge? We Are Ready to Help. Call Now!

The DWI defense team at the Law Offices of Mark M. Childress, PLLC has years of experience fighting for clients’ rights, including helping them if they’ve been charged with DWI. We believe in getting to know our clients as well as possible, so that we can build winning strategies designed to help them overcome the specific legal troubles they’re facing. Bottom line, our clients and their best interests are our top priority and our reviews prove it.

If you’ve been charged with DWI, call us at (817) 497-8148 today or fill out our online contact form and we will reach out to you right away.

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