Texas law subjects any driver with a blood alcohol content (BAC) of 0.08 or higher to being charged with a DWI. The BAC is determined by use of a blood or breath test.
A DWI can be charged and punished as a felony or misdemeanor depending on the circumstances of the case and whether it is your first or subsequent DWI. Penalties are also increased if there was a child in the car at the time of the offense.
Possession of an Open Container
In Texas, a driver and passenger can be charged with the offense of carrying an open container of alcohol in a motor vehicle on a public highway. The penalty is a $500 fine. It is a misdemeanor and goes on your permanent criminal record. The container is “open” if it has a broken seal or if any of the contents have been removed.
Defenses to a DWI
At AMS Law Group, we take DWI charges very seriously. We work with you to understand what happened and what defenses are available. For example, both blood and breath test results used to determine your BAC may be challenged as faulty.
Each test has the potential of resulting in a false positive result. Also, there are protocols law enforcement officers must follow for administering the tests. If the protocols are not followed, the test result will not be admissible in court against you.
FREE consultation in different languages
There are other possible defenses depending on the circumstances surrounding your arrest. We offer a free consultation with no obligation. Everything discussed is completely confidential. Contact us as soon as possible so we can begin preparing your defense. In order to better serve you, our staff members also speak Arabic and Spanish, among others.
Our Criminal Defense Attorneys Have the Skills You Need
Our attorneys at the AMS Law Group have compassion for what you and your family members are going through. We also want to help, so we offer a free, no-obligation consultation. We will discuss the case with you or your designated family member who is acting on your behalf.
If we decide to work together, we work on a contingency, so there is no legal fee unless we win your case. In order to better serve you, our staff members also speak Arabic and Spanish, among others.
Do not let the time you have to file your claim for damages expire. Contact us now to schedule your consultation.