Whether you need a San Marcos DWI lawyer after an arrest will depend on several factors.
When reviewing your DWI case, a DWI attorney may ask you questions such as:
- Is this your first DWI, or have you had more than one?
- What was your blood-alcohol content (BAC) when arrested?
- Did your DWI arrest result from a car accident?
- Was anybody hurt?
First-time DWI offense
While you may be in a position to self-represent yourself if you are a first-time offender with a clean criminal background, consulting with a San Marcos DWI lawyer does have advantages.
From a judge’s and prosecutor’s perspective, these offenses are highly routine and are handled in a similar manner to a traffic offense. Additionally, spending several thousand dollars for an attorney to walk you through the administrative and bureaucratic process of a first DWI may not be a needed expense.
In the instance that you suspect any sort of mishandling of blood samples, or other misconduct, it may be in your best interests to hire an attorney to obtain more information, file a motion to dismiss evidence, or even argue on your behalf against the charges. While first-time DWI consequences may not be life shattering, it may be worth hiring a lawyer if there is a good chance at dismissing the case altogether.
Repeat offenders and over the limit BAC results
In Texas law, certain factors can make a common DWI charge into a major criminal offense. This can result in very high fines, penalties and jail time. The two most common factors are:
- subsequent offenses and;
- a very high BAC reading.
If either of these two factors influence your case, hiring a DWI lawyer is highly recommended.
For repeat DWI cases, especially offenders facing third or even fourth DWI charges have much at stake and a lot to lose. In Texas, fines can be as high as $10,000 and jail time can reach upwards of 15 to 20 years. At this point the law is trying to keep these high-risk drivers off the road to avoid and prevent future accidents or harm because of driver intoxication.
BAC readings that are very high over the limit also result in increased penalties, and a DWI attorney might be able to suggest other explanations for the blood alcohol results gathered by the laboratory technician. Explanations may include:
- Tainted or mishandled evidence
- Failure to properly maintain samples
- Failure to maintain chain of custody (CoC) procedures
- Potential mix-up with other samples
- Medical conditions
- Unreasonable delay between arrest and testing, suggesting inaccuracy
When accidents, injury, property damage, and death are involved
The most extreme DWI penalties are ones that involve bodily injury, extensive property damage, and/or death. Working with a DWI attorney is imperative at this point because this is the most severe of DWI charges. A DWI defendant involved in a fatal accident will undoubtedly face manslaughter or homicide charge.
With the help of an attorney, those facing this level of charge severity may be able to enter a plea bargain in exchange for a reduced sentence. This is something a good DWI lawyer in San Marcos would be able to help with.
San Marcos DWI Lawyer Help
If you have been arrested or charged for a DWI in San Marcos, contact us today.