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DWI

Hays County DWI Defense Attorney

Protecting Your Rights & Future Across Central Texas

Being arrested for DWI can be a frightening experience. You may be unsure of what to do next or how to protect your rights. At The Law Offices of David C. Hardaway, we understand the challenges you are facing and are here to help. Our Hays County DWI defense lawyer has years of experience and is prepared to fight for you.

Call (512) 846-9966 or contact us online today to schedule a free consultation with our team.

What Are the Penalties for a DWI in Hays County?

Like most states, Texas has a blood alcohol concentration (BAC) limit of 0.08% for most drivers. If you are found to be driving with a BAC of 0.08% or higher, you can be arrested and charged with DWI. However, if you are under the age of 21, you can be charged with DWI for having any detectable amount of alcohol in your system.

The penalties for a DWI in Texas include:

  • First Offense: A first-time DWI is a Class B misdemeanor, punishable by up to 180 days in jail, a fine of up to $2,000, and a driver's license suspension of up to 1 year. You may also be required to install an ignition interlock device (IID) in your vehicle.
  • Second Offense: A second DWI is a Class A misdemeanor, punishable by up to 1 year in jail, a fine of up to $4,000, and a driver's license suspension of up to 2 years. You will also be required to install an IID in your vehicle.
  • Third Offense: A third DWI is a third-degree felony, punishable by up to 10 years in prison, a fine of up to $10,000, and a driver's license suspension of up to 2 years. You will also be required to install an IID in your vehicle.
  • Intoxication Assault: If you cause serious bodily injury to another person while driving under the influence, you can be charged with intoxication assault. This is a third-degree felony, punishable by up to 10 years in prison, a fine of up to $10,000, and a driver's license suspension of up to 2 years. You will also be required to install an IID in your vehicle.
  • Intoxication Manslaughter: If you cause the death of another person while driving under the influence, you can be charged with intoxication manslaughter. This is a second-degree felony, punishable by up to 10 years in prison, a fine of up to $10,000, and a driver's license suspension of up to 2 years. You will also be required to install an IID in your vehicle.

In addition to these criminal penalties, a DWI conviction can have a significant impact on your personal and professional life. You may have difficulty finding employment, securing housing, or obtaining certain professional licenses. You may also face higher insurance premiums and other financial hardships.

How to Fight a DWI Charge in Hays County

Just because you have been arrested for DWI does not mean you will be convicted. There are several defenses that may be available to you, depending on the specific circumstances of your case. Our Hays County DWI defense attorney can help you understand your legal options and work to build a strong defense on your behalf.

Some common defenses to DWI charges include:

  • Illegal stop: In order to pull you over, the police must have had reasonable suspicion that you were engaged in criminal activity. If the police did not have reasonable suspicion, any evidence obtained as a result of the stop may be inadmissible in court.
  • Improper administration of field sobriety tests: Field sobriety tests are notoriously unreliable. If the police did not administer the tests properly, the results may be inaccurate and should not be used against you in court.
  • Improper administration of a breathalyzer test: Breathalyzer tests are also prone to error. If the police did not administer the test properly or the machine was not properly calibrated, the results may be inaccurate and should not be used against you in court.
  • Violation of your rights: The police must respect your constitutional rights at all times. If the police violated your rights in any way, any evidence obtained as a result of the violation may be inadmissible in court.

This is only a small sample of the defenses that may be open to you. Our Hays County DWI defense lawyer can review the facts of your case and help you determine the best course of action. We will work to build a strong defense on your behalf and fight for the best possible outcome in your case.

What to Do After a DWI Arrest in Hays County

After being arrested for DWI, must take immediate action to protect your rights. The first thing you should do is contact an experienced DWI defense attorney in Hays County. Our team can help you understand your legal options and work to build a strong defense on your behalf.

Other actions to take after a DWI arrest include:

  • Exercise your right to remain silent: You have the right to remain silent and not answer any questions from the police. Anything you say can and will be used against you in court, so it is best to exercise your right to remain silent until you have an attorney present.
  • Do not resist arrest: Resisting arrest can lead to additional criminal charges and make your situation worse. Even if you believe you are being wrongfully arrested, it is best to comply with the police and contact an attorney as soon as possible.
  • Write down everything you remember: As soon as possible after your arrest, write down everything you remember about the incident. This can include the events leading up to the arrest, the arrest itself, and any conversations you had with the police. This information can be helpful to your attorney as they build your defense.

Why Choose The Law Offices of David C. Hardaway?

At The Law Offices of David C. Hardaway, we are committed to providing our clients with the personalized legal solutions they need. Our Hays County DWI defense lawyer will take the time to understand your situation and your goals. We will then work to build a strong defense on your behalf and fight for the best possible outcome in your case.

When you choose our firm, you can expect:

  • Experience: Our Hays County DWI defense law firm has protected the rights of clients since 2010. We have a comprehensive understanding of Texas DWI laws and can help you navigate the legal process.
  • Aggressive representation: We are not afraid to take on the toughest opponents, including the police and the prosecution. Our team will fight tirelessly for you and your rights.
  • Personalized attention: We believe in providing our clients with the personalized legal solutions they need. We will then work to build a strong defense on your behalf.
  • Strong track record: We have a proven track record of success and have helped countless clients obtain favorable outcomes in their cases. We will use our experience and resources to fight for you.

Get Started on Your Case Today

If you have been arrested for DWI, it is important to take immediate action to protect your rights. Our Hays County DWI defense attorney can help you understand your legal options and work to build a strong defense on your behalf. Protecting you and your rights is our top concern.

Get in touch with our team today to schedule a free consultation. You can call (512) 846-9966 or fill out an online contact form.

Hear From Past Clients

Reviews & Testimonials
    “David and his team do outstanding work”
    “He was able to achieve the outcome I was hoping for and I couldn't be happier with my overall experience with his office. I highly recommend Mr. Hardaway and his team to anyone seeking excellent legal counsel.”
    - Robert R.
    “Mr. Hardaway went above and beyond all expectations that I and my husband had”
    “He made us feel at ease with everything that was happening and let us know that whatever we decided to do he would be there to help us.”
    - Yoli R.
    “He was there for any questions I may of had and always spoke to me straight.”
    “Fingers crossed I never need representation again but I highly recommend Mr. Hardaway for anyone who does!”
    - Chad Y.
    “I truly don’t have the words of how thankful I am for David and his team”
    “I’m genuinely grateful for having them represent me and for everything they’ve done for me. They are truly great as lawyers and as people.”
    - Karen S.
    “If you are in need of a lawyer, David is your guy”
    “David will be a call away for any questions or concerns you may have and he will undoubtedly assure your safety.”
    - Josh M.
    “I was always able to get ahold of David when needed”
    “Him and his staff/team were also very polite and sensitive to the subject pertaining to my situation.”
    - Robb M.
    “I can’t put into words how hard working, and responsive David and his team are”
    “I had a pretty complex case but he got me off, he can really make a difference for the better and make the rest of your life easier.”
    - Edward G.

Our Settlements & Verdicts

Recent Case Victories

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • Not Guilty Assault - Bodily Injury, Family Violence
  • Not Guilty Driving While Intoxiced, 2nd Charge: .19 blood alcohol level
  • Not Guilty Assault - Bodily Injury, Family Violence
  • Not Guilty Aggravated Assault with a Deadly Weapon (3 counts)
  • Not Guilty Driving While Intoxicated

Contact The Law Offices of David C. Hardaway Today!

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