A DWI – or Driving While Intoxicated – in New Braunfels, Texas, refers to operating a motor vehicle while impaired with alcohol or drugs. Texas law considers a driver legally intoxicated with a blood alcohol concentration (BAC) of 0.08 percent or higher.
DWI charges can lead to severe penalties, including fines, jail time, and license suspension. Additional factors, such as prior offenses or a high BAC, can result in increased consequences.
If you are currently facing a DWI charge, the Comal County DWI lawyers at Lance Kennedy Law can help. We will aggressively pursue the best possible result in your case, either through a case dismissal or a favorable plea deal with the state prosecutor.
For a free case evaluation and legal consultation with a skilled New Braunfels DWI attorney, please call us at (737) 324-7540 or contact us online today.
Why Should We Represent You?
If you are facing a DWI charge in New Braunfels, Texas, you want experienced legal counsel in your corner fighting for your rights. Attorney Lance Kennedy is a former prosecutor who has handled seven federal jury trials and 50-plus trials in Texas state courts. He knows how prosecutors think and can fight for a dismissal in your DWI case.
Our team has a strong track record of success when it comes to achieving favorable results for our clients, and you can view our most recent case results and client testimonials at the following links.
Our office is conveniently located at 496 S. Castell Ave., New Braunfels, TX 78130.
Common Defenses to a New Braunfels DWI Charge
When facing a DWI charge in Comal County, Texas, there are several common legal defenses that you can raise to challenge the accusation:
Unlawful Traffic Stop – One of the most effective defenses is arguing that the traffic stop was unlawful. Law enforcement officers must have reasonable suspicion that a driver is engaged in criminal activity before initiating a stop. If you can demonstrate that the officer lacked probable cause – such as if the stop was based on a hunch or a vague reason – the evidence obtained during the stop, including any breath or blood tests, may be inadmissible in court.
Faulty Field Sobriety Tests – Field sobriety tests (FSTs) are often used to assess a driver’s level of impairment. However, these tests are not always reliable. If you can show that the tests were improperly administered, that you have a medical condition affecting your performance, or that environmental factors influenced your ability to perform them, this can weaken the prosecution’s case.
Breathalyzer Errors – Breathalyzer devices can produce inaccurate results if they are not properly calibrated or maintained. If you can prove that the device was faulty, that it was not properly calibrated, or that the officer did not follow protocol during the testing process, the results may be challenged, potentially leading to a dismissal of charges.
Medical Conditions – Certain medical conditions can affect blood alcohol concentration (BAC) readings. For example, individuals with diabetes or those on certain diets may produce higher levels of acetone, which can mimic alcohol on a breath test. If applicable, you can present medical evidence to support your claim.
Lack of Intoxication Evidence – Finally, you may argue that there was insufficient evidence to prove that you were intoxicated while driving. This may include showing that you were not swerving, that you were driving safely, or that the officer’s observations were inaccurate.
Elements of a New Braunfels DWI Charge that a Prosecutor Must Establish for a Conviction
To secure a conviction for DWI in New Braunfels, Texas, a prosecutor must prove several key elements beyond a reasonable doubt:
Operation of a Vehicle – The first element the prosecution must establish is that you were operating a motor vehicle. This can include a car, truck, or any other type of vehicle on public roads. “Operation” does not necessarily mean that you were driving the vehicle; simply being in control of the vehicle while it is running may satisfy this requirement. For example, if you are sitting in the driver’s seat with the engine on, you may still be charged with DWI.
Intoxication – The second element is proving that you were intoxicated at the time of operation. In Texas, a person is considered intoxicated if they meet one of two criteria: either their blood alcohol concentration (BAC) is 0.08 percent or higher, or they lack the normal use of their mental or physical faculties due to alcohol, drugs or a combination of both. The prosecutor must present evidence, such as breath or blood test results, eyewitness accounts, or field sobriety test results, to demonstrate that your level of intoxication meets this definition.
Time of Intoxication – The prosecution must also establish that your intoxication occurred while you were operating the vehicle. This means they must connect your level of intoxication to the time when you were behind the wheel. If there is a significant gap between the time you consumed alcohol and when you were pulled over, the prosecution may struggle to prove that you were intoxicated while driving.
Public Place – Lastly, the offense must have occurred in a public place. This can include highways, roads, and even parking lots that are accessible to the public. If the incident took place on private property, it may not meet the legal definition of a DWI under Texas law.
Potential Penalties for a New Braunfels DWI Conviction
If you are convicted of a DWI in Comal County, Texas, the penalties can be serious and may vary based on factors like your prior offenses and BAC at the time of your arrest. Here’s an overview of the potential penalties you may face.
Fines – A first-time DWI offense can result in fines of up to $2,000. If your BAC is 0.15 percent or higher, the fines increase to as much as $4,000. For second and subsequent offenses, fines can escalate significantly, potentially reaching $10,000 for a felony DWI.
Jail Time – Jail sentences for a DWI conviction depend on whether it’s your first or a subsequent offense. For a first offense, you may face three to 180 days in jail. If it’s your second offense, the minimum jail time rises to 30 days, with a maximum of one year. A third offense is treated as a felony, leading to a minimum of two years in prison, with a maximum of ten years.
Driver’s License Suspension – Upon conviction, you will likely face a suspension of your driver’s license. For a first offense, this suspension can last up to one year. If you have a second offense, the suspension may range from 90 days to two years. For a third offense, you can lose your driving privileges for up to two years. In some cases, you may be required to install an ignition interlock device in your vehicle, which prevents the engine from starting if alcohol is detected.
Community Service – In addition to fines and jail time, the court may require you to complete community service. For a first offense, this can range from 24 to 100 hours, depending on the circumstances. For second or subsequent offenses, you may be ordered to perform more extensive community service hours.
Alcohol Education Programs – As part of your sentencing, you may be mandated to attend alcohol education or treatment programs. These programs aim to help you understand the risks associated with drinking and driving and reduce the likelihood of future offenses.
I appreciate his compassion and proactive strategy that got my son the best possible outcome.
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- Jenny B.
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Plea Deals Versus Trials in New Braunfels DWI Cases
When facing a DWI charge in New Braunfels, Texas, you may have to decide between pursuing a plea deal or taking your case to trial. Each option has its advantages and disadvantages, and understanding them can help you make an informed decision.
Plea Deal:
A plea deal involves negotiating with the prosecution to reach an agreement before going to trial. This often results in a reduced charge or lighter penalties in exchange for a guilty or no-contest plea. One major advantage of accepting a plea deal is the potential for a more favorable outcome. For example, you can plead to a lesser charge, such as a misdemeanor, which can help you avoid harsher penalties associated with a DWI conviction.
Additionally, plea deals typically expedite the legal process. Trials can take months – or years – to resolve, while a plea agreement can lead to a quicker resolution, allowing you to move forward with your life sooner. Furthermore, accepting a plea deal may help you avoid the uncertainty of a trial, where the outcome can be unpredictable.
However, it’s essential to carefully consider the implications of a plea deal. By accepting a plea, you are admitting guilt, which can have long-term consequences for your record and future opportunities.
Taking the Case to Trial:
On the other hand, opting for a trial allows you to contest the charges against you. This route can be beneficial if you believe the evidence against you is weak or if you feel that you were wrongfully accused. A trial gives you the opportunity to present your case, call witnesses, and challenge the prosecution’s evidence.
One of the significant advantages of going to trial is the chance for an acquittal. If the jury finds you not guilty, you can walk away without any penalties or convictions on your record. Additionally, the trial process allows for a thorough examination of the evidence, which may uncover procedural mistakes by law enforcement, potentially leading to a complete dismissal of the DWI charge.
However, trials can be time-consuming, emotionally draining, and expensive. Moreover, if you lose at trial, you may face harsher penalties than those offered in a plea deal.
How Can We Help with Your New Braunfels DWI Case?
If you are facing a DWI charge in Comal County, Texas, it’s crucial to have skilled legal representation on board to handle your case. Here are various ways that we at Lance Kennedy Law can assist you throughout the process:
Legal Advice and Strategy – First, we can provide personalized legal advice based on the specifics of your DWI case. We will evaluate the evidence against you, consider the circumstances surrounding your arrest, and develop a strategy tailored to your situation. This may include deciding whether to pursue a plea deal or take your case to trial.
Evidence Review – We will meticulously review all evidence collected during your case, including police reports, breathalyzer results, and field sobriety test results. We will also look for inconsistencies or errors that may strengthen your defense. If there were any procedural violations during your arrest, we can use this information to challenge the admissibility of evidence in court.
Negotiation with Prosecutors – We will also negotiate with state prosecutors on your behalf. We can advocate for a plea deal that may involve reduced charges or lighter penalties, which can lead to a more favorable outcome than going to trial in some cases.
Trial Representation – If your case goes to trial, having a skilled New Braunfels DWI attorney by your side is essential. We will present your defense, cross-examine witnesses, and argue on your behalf. A strong defense can significantly increase your chances of being acquitted or receiving a reduced sentence.
Understanding of Local Laws – Our team is also familiar with New Braunfels’ legal system and can navigate local laws and procedures effectively. We will ensure that your rights are protected and that you understand the implications of each legal step.
Support and Guidance – Facing a DWI charge can be overwhelming and stressful. We will provide emotional support and guidance throughout the process, helping you understand what to expect and alleviating some of the anxiety associated with legal proceedings.
Mitigation of Penalties – If a conviction seems inevitable, we can work to mitigate the penalties you may face. We may advocate for alternative sentencing options, such as probation or participation in alcohol education programs, to reduce the long-term consequences of a conviction.
We can provide comprehensive support, legal experience, and advocacy to help you achieve the best possible outcome in your case.
Call an Experienced New Braunfels DWI Lawyer Today
At Lance Kennedy Law, we will aggressively fight for your rights and interests in your DWI case and pursue the best possible result on your behalf. For a free case evaluation and legal consultation with a knowledgeable Comal County DWI lawyer, please call us at (737) 324-7540 or contact us online.
If authorities arrested you or a family member in Austin, here are some key steps to consider:
Exercise your right to remain silent. Avoid discussing your case with anyone except your lawyer.
Request an attorney immediately. If you can’t afford one, ask for a court-appointed lawyer.
Contact a family member or trusted friend to inform them of your situation.
Do not resist arrest or argue with law enforcement, even if you believe the arrest is unjustified.
Remember details about your arrest, including officer names and badge numbers if possible.
Attend your arraignment, where you’ll be informed of charges and can enter a plea.
Gather relevant documents and information for your case.
Follow all court orders and attend all scheduled hearings.
Consider contacting a bail bondsman if bail is set and you need assistance posting it.
Contact Lance Kennedy Law for a free consultation about potential defense strategies and the next steps in your case.
Whether you should plead guilty or not guilty is a serious legal decision that requires careful consideration of the specific details of your case. This choice can have major consequences for your future.
The best course of action is to consult criminal defense attorney Lance Kennedy, who can review the evidence, charges, and circumstances of your case. I’ll examine your case at no cost, advise you on the potential outcomes of different pleas, and help you make an informed decision. Contact Lance Kennedy Law as soon as possible so we can get started on your case.
Three things: Contact a criminal defense lawyer in your county and then call a bail bondsman to see about getting your friend or family member released.
Tell your friend or family member not to answer any questions about the incident and to ask for a lawyer, which should stop any police questioning.
Instead of waiting out the resolution of your case in jail, bail allows you to be released if you put up a financial deposit as a promise to appear in court.
Typically, people accused of a crime hire a bail bondsman. The bondsman will pay the county the entire bail amount in exchange for you paying the bondsman 10% of the bond.
For example, a typical aggravated assault bond in Comal County is $30,000. You can pay that amount to the county to get released, and the bail bondsman will refund it to you after your case is over.
Or you can pay a bail bondsman a non-refundable fee of $3000 (10% of the bail amount) in exchange for them posting the entire amount.
Yes. I typically require half the fee to be paid up front, and clients can pay the balance over time.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
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Resolve Your Case
I will lead you every step of the way. Together, we will fight for a dismissal.
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Get Your Life Back
Work to get the best results possible so you can get your life back.
