Penalties are stiff for DUI convictions in Texas. If no other aggravating factors are involved, your first conviction is a Class B Misdemeanor. Your second conviction is a Class A Misdemeanor. Your third conviction is bumped up to a 3rd Degree Felony.
You can also be charged with a felony at any time if you are caught driving under the influence with a child who is under 15 years old, or if you are driving drunk and are involved in an accident where another person suffers serious injuries.
Mounting an effective DUI defense
Once you have retained an experienced DUI defense attorney, you will need to craft the best possible defense strategy for your unique situation.
One of the most common defenses is to claim that police did not properly pull you over or conduct a fully legal stop. Your attorney will probe the possibility that police did not have reasonable suspicion to stop you – which is required. Your attorney will also try to determine if there were Miranda rights violations and/or if other rules of evidence and procedures were not followed. Part of this includes reviewing whether or not proper field sobriety test protocols were administered and/or if blood alcohol samples were tested the right way.
The important thing to remember is that being charged with a DUI offense does not automatically make you guilty of the charge. Together with your attorney, you can mount the most thorough and aggressive defense possible.
The Law Office of Maverick Ray serves clients in Houston, Pasadena and other nearby Texas communities.