Being charged with driving under the influence or driving while impaired is bad enough, but being charged with causing an accident can be a scary time. Potential penalties are more serious, so hiring a DWI lawyer in Waxahachie, TX is advisable. Attorneys with an organization such as Mallios & Associates, PC defend clients against the charges.
DUI and DWI
In Texas, a driver can be charged with DUI if the blood alcohol level is .08 percent or higher. The charge of DWI is made when the blood alcohol concentration is below .08 but at or above .04 percent. Thus, the charge of DWI is a bit less serious than that of DUI, but the possible penalties are still alarming. A judge could sentence a first-time offender to 60 days in jail even if the driver did not cause a collision. Judges may be inclined to issue harsher sentences if they believe the offender is not taking the matter seriously enough.
Multiple Counts and Aggravating Factors
After an accident, the impaired driver typically faces at least two charges. One is DWI and the other is the traffic violation that caused the accident. This might be traveling too close to a vehicle in front, running a red light, or any other hazardous activity. If the person was driving faster than the speed limit, that violation is added to the list. Depending on the circumstances, the driver might be charged with more than a dozen counts. Causing an accident while impaired is legally known as an aggravating factor to the charge of DWI.
Many people in this kind of situation hire a DWI lawyer in Waxahachie, TX for legal representation. This defense attorney may be able to negotiate with the prosecuting attorney to have some charges reduced or dropped. If that is not possible, the defense lawyer will work on persuading the judge to approve the most lenient sentence allowed. There is always a mandatory minimum sentence, but there is also a maximum. Judges have a great deal of leeway as to what type of sentence they impose.
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