DUI
Hire One of Your Own
Odessa DWI Defense Attorney
The punishments for a DWI (driving while intoxicated) go far beyond jail. They can cause you to lose your right to drive, affecting your employment, your kids’ schooling, and more. You could be forced to attend driving classes or even rehabilitation, paying for the sessions yourself. More time-consuming activities like community service can be heaped on you as well.
A DWI (sometimes called a DUI, “driving under the influence”) can also harm your reputation. Our country has a strong stigma against people who drink and drive, even if they’ve had only one or two drinks. When a DWI pops up on your record, you could be denied a job and even housing.
If you’ve been arrested for a DWI, you need a skilled attorneys who can fight for your freedom. Trust the Odessa lawyers at The Law Offices Of Hector Pena, PLLC. He is a Texan fluent in both Spanish and English, truly “one of your own.” With years of legal experience, he understands how prosecutors can trump up charges and twist circumstantial evidence, and he is ready to help you tell your side of the story.
For a free consultation, fill out our simple online contact form.
DWI Penalties in Texas
You are considered legally drunk when your blood alcohol level (BAC) is at 0.08% or more. The higher your BAC, the steeper the punishments can be for a DUI.
First-Offense DWI
Jail between 3 and 180 days (6 months); fines up to $2,000; license suspension up to 1 year
Second-Offense DWI
Jail between 1 month and 1 year; fines up to $4,000; license suspension up to 2 years
Third-Offense DWI (or more)
Prison between 2 and 10 years; fines up to $10,000; license suspension up to 2 years
DWI with a Minor in the Car
Additional child endangerment charges are added to the penalties outlined above. This crime results in jail time of up to 2 years and additional fines of up to $10,000. It also adds an additional 180 days (6 months) to your license suspension.
Defenses Against a DWI Charge
Our attorney is prepared to investigate all the facts in your case. Here are some possible defenses we can use to help preserve your freedom.
Challenging the Police Stop
Police must have a good reason to stop your car. They cannot pull you over for minor, secondary offenses. Moreover, there should be no racial or otherwise bigoted reasons to stop commuters.
Regardless of whether a driver is intoxicated, police can stop someone only with probable cause. If we detect any police impropriety in your case, we can challenge them in court.
Challenging the Sobriety Test
Most evidence is not foolproof, even in our modern technological age. Breathalyzers, for instance, have a 15% margin of error.
Furthermore, field sobriety tests are highly subjective. They do not always account for someone’s tight clothes or shoes. A woman in heels and an evening gown, for instance, could easily trip during a test and suddenly find herself accused of drunk driving.
Explain That You Were Sober
Police often judge someone’s behavior and make DWI arrests without any other evidence. A sober eccentric, for instance, could easily be mistaken for a drunkard.
Many illnesses can also mirror drunkenness. A simple sinus infection can leave someone a little disoriented, causing police to believe they are intoxicated. More serious conditions, like diabetic ketoacidosis, often cause people to act completely erratically. Some digestive conditions like GERD can even produce positive results in a breathalyzer.
If you were sober at the time of your arrest, you need a skilled attorney to help explain the situation to your accusers. Trust our team to help faithfully recreate the true circumstances of your arrest.
Our defense attorney is ready to help you fight DUI charges in Odessa and Pecos. To schedule a consultation, contact us online or call us now at (432) 356-2424.
"WITH LEGAL REPRESENTATION YOU CAN ENSURE YOUR RIGHTS ARE PROTECTED AND CAN BE PROVIDED FOR IN COURT." - HECTOR PENA, PLLC
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He does a great job.
Working with Hector was a good experience. He does a great job.
- Eric S. -
Hector Pena is amazing.
Hector Pena is amazing he helped me out incredibly with my injury accident. Was very attentive and professional throughout all my case, helped me get my claim resolved in such a short period of time with the maximum!! Highly recommend!!
- Ramiro C. -
Hector Pena is the lawyer you want on your side.
Hector Pena is the lawyer you want on your side. The plea agreement was I pleaded guilty to one charge and got 4 others dismissed. Thanks Hector for your help in my cases.
- James E.
What You Can Expect with Us
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Se habla español
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Committed to Executing Cases With Integrity and Tenacity
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Free Consultations
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Aggressive & Compassionate Representation
