Being charged with driving under the influence (DUI) in Corpus Christi, TX, is a serious situation. While DUI charges are generally misdemeanors in Texas, they still carry significant penalties and long-term consequences. In some cases, they can even be charged as felonies.

No matter what the situation is, you should always work with a Texas criminal defense lawyer if you’re facing DUI charges. Let our criminal defense attorneys help you. Contact Barton & Associates Attorneys at Law at (210) 500 0000 to schedule a consultation with a Corpus Christi DUI lawyer.

How Barton & Associates Attorneys at Law Can Help If You’re Arrested for DUI

If you’ve been arrested and charged with a DUI, working with a Corpus Christi criminal defense lawyer is your best option for mitigating your consequences. Here’s how our team can help you:

• We will listen to your version of what happened so we can get an idea of what type of evidence to look for to help build your defense. We understand that what the prosecutor says isn’t always what really occurred.
• Our law firm will file any appropriate pre-trial motions, like a motion to suppress illegally obtained evidence.
• If appropriate, we will speak with the prosecutor to try to negotiate a plea deal. In some cases, this can lead to reduced penalties and dismissed charges.
• Our lawyers can help you with the administrative license hearing as well, which is separate from your criminal charge.

If you’re dealing with DUI charges, you should seek help from a lawyer in Corpus Christi, Texas. Contact Barton & Associates Attorneys at Law to schedule a consultation with a Corpus Christi DUI lawyer.

Overview of DUI in Texas

Understanding DUI laws in Texas is important for anyone living or traveling through the state. In Texas, driving under the influence is typically referred to as driving while intoxicated (DWI). For drivers who are at least 21 years old, a BAC of 0.08% or higher is considered legally intoxicated. This means that if your BAC is at this level, you are automatically deemed to be driving under the influence, even if you don’t act or feel impaired. This is often referred to as a “per se DUI.”

DUI of Drugs or Alcohol Below .08%

Texas DUI laws extend beyond alcohol consumption to include any substances that impair your ability to operate a vehicle safely. Driving under the influence of drugs that impair your ability to drive safely is illegal. Additionally, even if you aren’t legally intoxicated – your BAC is below .08 – you can still be charged with a DUI and even convicted if the prosecutor can prove that you were impaired.

BAC Limits for Commercial Vehicle Operators

Anyone who drives a commercial vehicle faces stricter DUI laws. In Texas, a commercial driver who has a BAC of .04 or higher can be charged with and convicted of driving under the influence.

Driving Under The Influence When Under 21

Drivers who are under 21 have different rules when it comes to driving under the influence. Texas takes a zero-tolerance stance, meaning if a driver under 21 has any detectable alcohol in their system, they can be charged with driving under the influence.

No matter what situation you find yourself in, you should always speak with a lawyer if you’re facing DUI charges.

What Are the Penalties For DUI in Corpus Christi, Texas?

If you’ve been convicted of driving under the influence, you face serious penalties that vary depending on the specifics of your case as well as your criminal history.

First Offense DWI

A first-offense DUI in Texas carries substantial penalties. Offenders may face fines of up to $2,000, up to 180 days in jail with a mandatory minimum of three days, and a license suspension of up to one year. However, in some cases, the three days in jail can be deferred.

Second Offense DWI

Texas imposes more stringent penalties for a second DUI offense to reflect the increased risk associated with repeat offenders. You face possible jail time between one month and one year, as well as increased fines of up to $4,000. You will also lose your license for up to two years.

Third Offense DWI

A third DUI conviction carries even more severe consequences. Offenders face jail or prison time between 2 and 10 years, fines of up to $10,000, and a license suspension for up to two years.

Penalties for First-time High BAC DWI (0.15% or More)

Individuals with a BAC of 0.15% or higher are subject to particularly harsh penalties even for their first DUI. Jail time for high BAC offenses can range between 30 days and 1 year, accompanied by fines of up to $4,000. The license suspension for these cases can last up to two years.

In all DWI cases, defendants may be required to complete community service and install an ignition interlock device on their vehicle, which requires passing a breathalyzer test before the car will start.

DUI Penalties For Those Under 21

The penalties for a DUI charge for a person under 21 are different. For drivers 17 or older, penalties can include fines up to $2,000, jail time ranging from three days to six months, and a license suspension from 90 days to one year, with harsher consequences for repeat offenses.

If you’re under 17 and caught driving with a blood or breath alcohol concentration of .08 or higher, you may face fines up to $500, a 60-day license suspension, 20 to 40 hours of community service, and mandatory alcohol awareness classes.

What Defenses Can Be Raised If I’m Arrested For DUI?

If you are arrested for a DUI, several potential legal defenses can be raised to contest the charges. These defenses challenge the evidence presented by the prosecution or the procedures followed by law enforcement. Below are some common defenses used in DUI cases:

Breathalyzer or Blood Test Errors

Breathalyzer devices and blood tests are not always accurate. Calibration issues, improper use by officers, or the failure to follow proper testing procedures may result in faulty readings. Contesting the validity of these results can weaken the prosecution’s case.

If you were subjected to a blood test, your lawyer can also challenge the chain of custody or argue that your constitutional right against unreasonable searches and seizures was violated.

Rising Blood Alcohol Levels

A person’s blood alcohol concentration can rise between the time they were driving and when they were tested. This occurs when alcohol is still being absorbed into the bloodstream, meaning your BAC may have been below the legal limit while you were actually driving. Therefore, you weren’t driving under the influence.

Not Driving

In some cases, it can be argued that you were not actually driving or in control of the vehicle. For example, if police approached you while you were pulled over in a parked car, it is possible to argue that you were not operating the vehicle at the time of the stop and that you didn’t have control of it. This defense can also apply in situations where someone is found asleep behind the wheel but did not actually drive the car while intoxicated.

Improper Traffic Stop

Law enforcement must have a legitimate reason to conduct a traffic stop in the first place. If it can be established that the officer lacked justification for pulling you over, any evidence obtained during or after the stop would be inadmissible in court. Your lawyer can file a motion to have the evidence suppressed, and if granted, the prosecution’s case would be significantly weakened.

Medical Conditions

In some cases, medical conditions can mimic the signs of intoxication, resulting in false accusations of driving under the influence. Certain health issues, such as diabetes or hypoglycemia, can cause symptoms that may be mistaken for drunkenness, such as slurred speech or impaired motor skills.

Your lawyer can argue that your alleged impairment was actually due to a medical condition and not alcohol consumption if relevant to your case.

If you’re facing a DUI charge, don’t lose hope; there are defenses available. Your lawyer will work with you to determine the best strategy.

​Schedule a Case Evaluation With Our Corpus Christi DUI Lawyer

Being charged with driving under the influence is an overwhelming experience, as a conviction can bring severe consequences. If you find yourself in this situation, one of the best things you can do is to work with qualified legal representation. Our legal team will help you fight these charges and make sure you get the help you deserve. Contact Barton & Associates Attorneys at Law to schedule your initial consultation with a Corpus Christi DUI lawyer.