DWI Defense

Odessa DWI Lawyers

Fighting for You in Odessa, Ector County & Midland, TX

DWI charges are among the more common offenses prosecuted in Texas courts. Texans ranging from underage drivers to adults of all ages, including those driving commercial vehicles, can face the life-changing consequences of a conviction.

Unfortunately, even first offenders can be subject to hefty fines, license suspension, community service, and even jail time upon a conviction. This results in a permanent criminal record that can be discovered on a routine background check. Your record can impact your current or future employment, professional licenses, housing and educational opportunities, and other life prospects. 

Why Do You Need an Odessa DWI Lawyer? 

DWI is a complex matter that requires a criminal defense lawyer who understands all its legal, scientific, and technical aspects. DWI defense demands an exhaustive investigation into the details of your arrest, which can expose law enforcement errors, breathalyzer inaccuracies, and other flaws that can work in your favor.

At Sarabia Law Firm, our legal team has years of experience defending clients in the Texas courts against DWI charges. We know what to look for, how to analyze evidence, and how to achieve favorable results. Our attorneys can also assist with jail release. With our knowledge, court skills, and strong advocacy, we have become a top choice for local residents in these cases.

Request a free initial consultation with an Odessa DWI attorney at Sarabia Law Firm by phone at (432) 224-8036. You can also reach us via our online contact form.

Take the First Step Towards Your Defense

Fill Out the Form Below to Get Started
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

What Is the Legal Definition of DWI in Texas?

Under Texas law, a person commits a DWI offense if they operate a motor vehicle in a public place while intoxicated. 

"Intoxicated" refers to:

  • Lacking the normal use of mental or physical faculties due to the consumption of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more substances, or any other substance.
  • Having a blood alcohol concentration (BAC) of 0.08 or higher.

You can be arrested for DWI with a BAC lower than .08 if you are visibly impaired as a result of alcohol or drugs. This threshold is lowered to .04 for CDL drivers while operating a commercial vehicle. For drivers under 21, you can be arrested for any amount of drugs or alcohol detected in your system. 

DWI Factors Requiring Thorough Investigation

A DWI case involves a multitude of factors that must be meticulously examined by your attorney, including:

Continue Reading Read Less

What Are the Penalties for a First Offense DWI in Texas?

The penalties for a first-offense DWI Include:

  • A fine of up to $2,000
  • Jail time of up to 180 days with three mandatory days
  • License suspension up to a year

These penalties increase if your BAC measures .15% or more in a first offense and with repeat offenses regardless of how long ago your prior convictions occurred. 

Occupational Licenses in Texas

You may request an occupational license with the condition of installing and maintaining an ignition interlock device in your vehicle. This special type of restricted driver's license allows individuals whose regular driver's licenses have been suspended or revoked to drive legally under specific circumstances. 

It is particularly beneficial for individuals who need to drive to maintain their livelihood, such as to get to and from work, perform job-related duties, or attend school. An occupational license is also called an "essential need" license.

To obtain an occupational license, you must file a request with the court and provide a valid reason for needing the permit. The court will then determine the necessity and scope of the license, often imposing specific restrictions, such as limiting the hours, locations, and purposes for which you can drive. 

Moreover, you may be required to provide proof of insurance and periodically report your driving activities to the court. The process can vary depending on the county and the specific circumstances of the suspension.

Plea Bargains in Texas DWI Cases

A Texas DWI charge may be reduced through a plea deal, although this largely depends on the specifics of the case, the evidence available, and the skill of your defense attorney. 

A common form of plea deal in DWI cases is reducing the charge to a lesser offense, such as "obstruction of a highway" or "reckless driving." These charges generally carry less severe penalties and longer-term consequences than a DWI conviction.

If a plea deal is reached, the defendant's DWI charge can be downgraded, which can lead to differing outcomes:

  • Reduced fines: Lesser charges typically come with lower fines and less severe penalties than those associated with a DWI conviction.
  • Lower jail time: A reduced charge may result in a lower range of possible jail time or probation instead of incarceration.
  • Shorter license suspension: The duration of a driver's license suspension may be shorter, or it might be possible to negotiate terms for maintaining limited driving privileges.
  • Community service and education: A plea deal might include community service hours or mandatory participation in alcohol education programs instead of harsher penalties.
  • Avoidance of DWI conviction on your record: A reduced charge can help you avoid having a DWI conviction on your permanent record; this can reduce the long-term impacts on employment opportunities, insurance rates, and personal reputation.

To pursue a plea deal, your Odessa DWI attorney will typically negotiate with the prosecutor, highlighting weaknesses in the evidence or procedural errors in the case. The ultimate decision to offer a plea deal rests with the prosecutor's office, which will consider factors such as your criminal history, the severity of the offense, and public safety concerns.

Odessa DWI Defense FAQ: 

How can a DWI conviction impact my driving record and insurance rates in Texas, and what steps can be taken to mitigate these effects?

A DWI conviction in Texas can significantly impact your driving record and insurance rates. Here's how:

  • Driving Record: A DWI conviction will appear on your driving record, which can lead to points being added. This can result in the suspension or revocation of your driver's license, depending on the severity and frequency of offenses.
  • Insurance Rates: Insurance companies view DWI convictions as a high-risk factor, often leading to increased premiums. You may also face difficulty finding an insurer willing to cover you, or you might be required to obtain SR-22 insurance, which is a certificate of financial responsibility.

To mitigate these effects, consider the following steps:

  • Legal Assistance: Work with a skilled attorney to explore options like reducing charges or negotiating plea deals that might lessen the impact on your record.
  • Defensive Driving Courses: Completing a state-approved defensive driving course can sometimes help reduce points on your license.
  • Rehabilitation Programs: Participation in alcohol education or rehabilitation programs may demonstrate responsibility and potentially influence court or insurance decisions.
  • Shop Around for Insurance: After a DWI, compare insurance quotes from different providers to find the best rates available.
  • Maintain a Clean Record: Avoid further traffic violations to prevent additional points and demonstrate improved driving behavior over time.

Taking proactive steps and seeking professional guidance can help manage the consequences of a DWI conviction on your driving record and insurance rates.

What should I know about Texas’s implied consent laws, and how could they affect my DWI case or license status?

Texas's implied consent laws mean that by driving on Texas roads, you automatically consent to submit to chemical tests (like breath or blood tests) if lawfully arrested by an officer who suspects you of driving while intoxicated (DWI).

Here's how these laws can affect your DWI case or license status:

  • Refusal Penalties: If you refuse to take a chemical test, your driver's license can be automatically suspended, regardless of whether you are ultimately convicted of DWI. The suspension period is typically 180 days for a first refusal and can be longer for subsequent refusals.
  • Evidence in Court: Refusing a test can be used as evidence against you in court, potentially suggesting that you were aware of your intoxication. This can complicate your defense strategy.
  • Administrative License Revocation (ALR): Upon refusal, you may face an ALR, which is a separate civil process from the criminal DWI case. You have a limited time (usually 15 days) to request a hearing to contest the suspension.
  • Impact on Defense: While refusal can lead to license suspension, it might also limit the evidence available to the prosecution, as there won't be a chemical test result to use against you. This can be a double-edged sword, depending on the specifics of your case. 

If I have prior DWI convictions, how does that affect my current charges and potential penalties in Odessa?

Having prior DWI convictions can significantly impact your current charges and potential penalties in Odessa, Texas. Here's how:

  • Enhanced Charges: A prior DWI conviction can elevate a new DWI charge to a more serious offense. For example, a second DWI is typically charged as a Class A misdemeanor, while a third DWI can be charged as a third-degree felony.
  • Increased Penalties: With each subsequent DWI conviction, the penalties become more severe. This can include longer jail sentences, higher fines, and extended license suspensions. For instance, a second DWI conviction may result in up to one year in jail, while a third conviction could lead to 2-10 years in prison.
  • Longer License Suspension: Repeat offenders face longer periods of license suspension or revocation. You may also be required to install an ignition interlock device on your vehicle as a condition for license reinstatement.
  • Impact on Probation: If you are on probation for a previous DWI, a new charge can lead to probation revocation and additional penalties.
  • Harsher Court Stance: Judges and prosecutors may take a tougher stance on repeat offenders, which can influence plea negotiations and sentencing.

Given these potential consequences, it's crucial to work with an experienced criminal defense attorney who can help navigate the complexities of your case, explore options for reducing charges, and advocate for the best possible outcome.

Take the First Step Towards Your Defense
When your future is on the line, we're here to help. Protect your rights by contacting us now for a free consultation: (432) 224-8036.

Let Sarabia Law Firm Work for You

Given the complexities of DWI law and investigations, plea deal negotiations, or courtroom trials, having an experienced attorney is crucial. Our skilled team can advocate aggressively on your behalf, navigate the negotiation process, or apply our courtroom skills before a judge to pursue a favorable outcome. We draw on years of practical experience resolving DWI charges both in and out of court for clients in and around Odessa, Ector County, and Midland. 

Discuss the details of your case with an Odessa DWI attorney by contacting us at (432) 224-8036

Why Clients Choose Sarabia Law Firm

What Sets Our Team Apart?
  • Local Advocacy
    We are deeply rooted in your community and understand the local legal landscape. This enhances our ability to effectively represent you, as we are familiar with the nuances of the local courts and legal environment.
  • Comprehensive Support
    From start to finish, we guide you through the entire legal process with unwavering support.
  • Straightforward and Honest Representation
    At our firm, we prioritize transparency. Our goal is to equip you with the clear and actionable advice you need to navigate your legal challenges effectively.
  • Free Consultations
    Take the first step toward a strong defense with our free consultation, providing personalized legal advice and a strategic plan tailored to your unique situation at no cost.

Get in Touch

Reach Out to Schedule Your Free Consultation

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy