If you have been accused of drinking and driving, you understandably may be frightened about what it could mean for your future. Will you go to jail, and will a DUI conviction stay on your record? Here is a rundown of what you can expect if accused of drinking and driving in Texas.
Regarding jail time, you might be able to avoid spending time behind bars following a DUI conviction -- especially if you had never previously been convicted before. With a strong criminal defense, you may be able to get probation rather than time behind bars. However, other penalties you may receive for driving under the influence include major fines and a driver's license suspension.
Still, you might be able to get your DUI charge dropped if your attorney can establish that authorities did not have proper grounds to stop your motor vehicle. In addition, your charge may be dropped if authorities required you to complete a blood or breath test without first obtaining a warrant. If police violated any of your legal rights during the traffic stop, this could lead to a dropped charge as well.
In some cases, the Breathalyzer used to conduct a breath test may have been faulty -- for instance, perhaps it was not calibrated correctly. This is another issue that may work in the defendant's favor. An attorney in Texas will thoroughly scrutinize the evidence that the prosecution plans to furnish in court to support the DUI allegation brought against you. The attorney's ultimate goal is to help you to achieve the best possible outcome considering the circumstances surrounding your case.