Seguin DWI Defense Lawyer
If you have been arrested for DWI in Seguin, you are likely facing a stressful and confusing situation. Texas imposes serious penalties for driving while intoxicated, and the consequences can ripple through your life, impacting your ability to drive, your career, your finances, and even your freedom. When facing such charges, you need more than just legal advice; you need a strategic defense.
At The Law Offices of David C. Hardaway, we provide aggressive, honest, and highly communicative legal representation for individuals charged with DWI in Guadalupe County. Our Seguin DWI defense lawyers tailor our defense strategies to your specific case and walk with you through every step of the process.
DWI Basics
In Texas, a person is legally considered intoxicated if they:
- Have a blood alcohol concentration (BAC) of 0.08% or higher, or
- Do not have the normal use of mental or physical faculties due to alcohol or drugs.
It is important to understand that even a first-time DWI charge can carry severe consequences. Subsequent offenses or cases involving aggravating factors can lead to felony charges.
First-Time DWI Offenses
A first DWI is typically classified as a Class B misdemeanor, with penalties that may include:
- Up to 180 days in jail
- Fines up to $2,000
- A license suspension of up to one year
- Mandatory participation in a DWI education program
Multiple DWI Offenses
Repeat DWI offenses carry much harsher penalties. A second offense may result in up to one year in jail, while a third DWI is considered a felony, potentially leading to years in prison, thousands of dollars in fines, and long-term license suspension.
Aggravating Factors
Certain circumstances can significantly increase the severity of your penalties, including:
- A BAC of 0.15% or higher
- Driving with a child passenger under 15
- Being involved in an accident causing injury or death
Defending Against DWI Charges in Seguin
Each DWI case is unique, and an effective defense begins with a careful review of the facts. Common defense strategies include:
Challenging the Traffic Stop
Police must have a valid reason to pull you over. If the stop lacked reasonable suspicion, the charges may not hold up in court.
Questioning Field Sobriety and BAC Tests
Field sobriety tests can be influenced by medical conditions, fatigue, or improper police instruction. Breath and blood tests must be administered correctly using properly maintained equipment. Any errors can weaken the prosecution’s case.
Contesting the Prosecution’s Evidence
We scrutinize the police reports, test results, and witness statements to uncover inconsistencies, errors, or violations of your constitutional rights.
Negotiating for Reduced Penalties
When appropriate, we pursue options like probation, reduced charges, or participation in diversion programs to minimize the impact on your life.
Your Rights After a DWI Arrest in Seguin
If you are arrested for DWI in Seguin, remember that you have the right to remain silent and the right to an attorney. You are not required to answer questions beyond providing basic identification information. Exercise these rights immediately to protect yourself.
You also have the right to refuse field sobriety tests, although doing so can be used against you in court to imply intoxication. In contrast to field sobriety tests, refusal to take a chemical breath or blood test after an arrest can trigger a lengthy automatic license suspension under Texas’s “implied consent” laws.
Administrative License Revocation (ALR) Hearing
One critical aspect of a DWI arrest is the potential suspension of your driver’s license. After your arrest, you have only 15 days to request an ALR hearing to contest the suspension or request an occupational license. If you miss this deadline, your license will be automatically suspended, regardless of the outcome of your criminal case. At The Law Offices of David C. Hardaway, we represent clients at ALR hearings and fight to help you retain your driving privileges.
Why You Need a Seguin DWI Defense Attorney
DWI cases in Texas are complex and fast-moving. From tight deadlines for license hearings to challenging technical evidence, you need an attorney who understands the process and knows how to fight for you.
We take a hands-on, communicative approach to every case. You will always know where your case stands and what options are available. We are not afraid to take your case to trial if necessary, but we also explore every opportunity to resolve your case in the most favorable way possible.
Contact The Law Offices of David C. Hardaway Today
A DWI arrest in Seguin does not have to define your future. With the right legal defense, you can fight the charges, protect your rights, and work toward the best possible outcome. Contact a Seguin DWI defense lawyer at The Law Offices of David C. Hardaway today to schedule your confidential consultation and start building your defense.
