DWI Lawyer Georgetown, TX | Law Office Of W. Todd Ver Weire

Have you been accused of driving while intoxicated (DWI)? Although drunk driving may seem like a minor criminal offense, the impact could be long-lasting and felt across multiple aspects of your life. An experienced DWI attorney can help you craft a powerful defense and understand what you’re up against.

The Law Office of W. Todd Ver Weire can help you avoid the devastating penalties associated with a DWI conviction. After analyzing the specific circumstances of your case, we will have a better idea of how we should approach your defense strategy.

To set up a consultation with an experienced DWI lawyer near you, contact our Georgetown, TX criminal defense law firm. Todd and his team are in your corner and ready to fight.

Driving While Intoxicated: Alcohol, Narcotics, and Over-the-Counter Drugs

Many are quick to assume that driving while intoxicated charges only involve drunk drivers. However, alcohol is not the only intoxicant that can lead to a DWI arrest. The use of narcotics, prescription drugs, and even over-the-counter medications can lead to an arrest if law enforcement claims that these substances impaired your ability to drive. In legal parlance, your normal mental and physical faculties.

Drunk Driving and DWI

Nationwide, the legal limit for blood alcohol concentration (BAC) in adults is 0.08; the legal limit is just 0.04 for commercial drivers. For drivers under the age of 21 in Texas, you can be charged with driving under the influence of alcohol (DUI) by a minor if there is any detectable trace of alcohol in your system at the time you are pulled over. This means that if your BAC is .08 or greater, the law creates a rebuttable presumption that you are intoxicated. With that said, how many folks do you think would vote innocent if your BAC is .08 or greater? Practically speaking, in Williamson County, not many, if any.

Drug Use and DWI

Local law enforcement has spent considerable time training to identify drug-related DWI cases. This often involves a drug recognition expert (DRE). DREs are like other police officers with additional training and protocols specifically for drug-related DWI arrests. All DREs follow a 12-step process that’s known as the Drug Influence Evaluation (DIE), which is meant to determine if a driver is impaired by drugs. While some of the techniques used seem like hocus pocus, because the National Highway and Transportation Safety Administration (NHTSA) says that the tests are valid, they are difficult, but not impossible, to overcome. Like all cases, the key is in the details.

Medications and DWI

While you may think that it is acceptable to drive after taking prescription or OTC medication, you can face a DWI charge if these legal drugs impair your faculties behind the wheel. When possible, be mindful of the side effects of any medicine or combination of medicines you’re taking. An oversight like this could result in a DWI charge. In a nutshell, if the bottle has a “can cause drowsiness” label, the best course of action is not to drive and call an Uber.

Why You Need a Georgetown DWI Defense Lawyer ASAP

Because certain rights can be lost within just a few weeks after an arrest, you must hire a defense attorney within a few days of your DWI arrest. Todd Ver Weire and his team can help make sure you avoid license suspension or plan accordingly if you will require an occupational license.

Chemical Tests and the Risk of a Driver’s License Suspension

Shortly after your arrest, you were either read the DIC form, they played a video of someone reading the DIC form, or they played an audio recording, while riding in the back of the police vehicle. This form/recording acted as your notice that the state of Texas wants to test a sample of your breath or blood.

If you say no, your driver’s license will be suspended. Your history will determine the length of suspension.
If you say yes, you could still face a license suspension if you are charged with DWI, even if the case is eventually dismissed.

The DPS Administrative Case to Suspend Your License

Before your DWI case goes to trial, you can expect the Texas Department of Public Safety (DPS) to pursue an administrative case against you and your driver’s license.

You have up to 15 days from your DWI arrest to request an administrative hearing. If you don’t request a hearing within 15 days of being arrested for DWI, your driver’s license will be suspended for 90 days.

To make matters worse, if you want to contest what the officer said in the offense report, it is up to you to serve that officer with a subpoena and pay them the witness fee. If you do not file a request for an administrative hearing within that initial 15 days, your license will be automatically suspended for a mandatory minimum of 90 days. I say minimum because if this is your second offense, it will be longer.

Reasons to Request an ALR Hearing

Requesting an Administrative License Revocation (ALR) hearing can delay the suspension of your driver’s license. In addition, an ALR hearing can begin laying the groundwork for your DWI defense.

Say there was no breath or blood sample taken. An ALR hearing can lock the officer’s testimony. If the officer tries to add or embellish things in their testimony at your criminal trial, your DWI defense lawyer can use their sworn ALR testimony against them.

Furthermore, if they took a blood sample, given the backlog at the DPS crime lab, it is unlikely that they have the sample test results back, so again, the only evidence is the officer’s testimony, which can be locked down. Come trial, if he tries to change what he said, or “remembers facts” that he did not previously testify about, his testimony can be challenged in front of the jury.

Why Choose Todd Ver Weire as Your DWI Defense Lawyer

Based in Georgetown, TX, defense attorney Todd Ver Weire has more than 30 years of experience practicing law. Todd has long believed in the importance of service, and that belief was reinforced while in the U.S. Military Academy. As a DWI defense attorney, he vows to treat all clients with respect and handle their cases without any judgment.

Criminal Defense from a Former Prosecuting Attorney

Before becoming a criminal defense lawyer, Todd served a two-year term as the City Attorney and Prosecutor for Farmington, Arkansas, after a stint as an Assistant Prosecuting Attorney in Benton County, Arkansas, where he handled felonies and misdemeanors. He learned that many prosecutors treat each defendant like the same old nail, and they are the hammer. As your lawyer, Todd understands that you are not the same old nail; your facts and circumstances are unique, and he takes the time to point out these differences to the state.

Grace Under Fire When Standing Up to the State of Texas

While at West Point, Todd learned how to stay cool under pressure. He also learned to focus on the who, what, where, when, why, and how of various situations. The ability to assimilate and remember a large number of facts and how the law interacts with the facts of your DWI case means he will not be intimidated by Texas prosecutors.

A Trusted Local Defense Lawyer for Cases Involving Mental Health

Over the last decade, Todd has been known for his ability to handle complex cases, including those involving mental health. So much so that colleagues ask his advice about mental health issues, and he works with various stakeholders within the criminal justice system to help those with mental health conditions. Just because someone suffers from a disease, especially when it is a mental health issue, does not mean that they can be treated differently.

Defense Counsel for Williamson County DWI and Veteran Courts

As part of his commitment to the local community, Todd serves as defense counsel for the Williamson County DWI/Drug Court (DDCP) and the Williamson County Veterans Treatment Court (WCVTC). He is proud to aid others as they address personal matters related to mental health, substance abuse, and chemical dependency. Because these roles required additional training, Todd is better versed in how various monitoring devices work, as well as their strengths and weaknesses.

Contact an Experienced DWI Defense Lawyer in Georgetown, TX

Don’t delay. Failure to speak with a DWI lawyer could mean the loss of your license and numerous personal and professional setbacks as a result. Todd Ver Weire and his team are ready to help you. To discuss your charges with a proven and non-judgmental DWI attorney near you, contact our Georgetown, TX criminal defense law firm.

Criminal Penalties for DWI in Texas

Whether your DWI is a misdemeanor or felony charge, you can face harsh penalties and a number of inconveniences upon conviction.

First Offense DWI Penalties

Penalties for a first offense DWI include:

Fines up to $2,000
Up to 180 days in jail
Driver’s license suspension for up to one year

Additional state fines may be assessed upon sentencing for first offense and subsequent DWI convictions.

Second Offense DWI Penalties

Penalties for a second offense DWI include:

Fines up to $4,000
Up to one year in jail
Driver’s license suspension for up to two years

Third Offense DWI Penalties

Penalties for a third offense DWI include:

Fines up to $10,000
2 Up to 10 years in prison
Driver’s license suspension for up to two years

DUI Penalties for Minors

For drivers under the age of 17 who are charged with DUI, penalties include:

Fines up to $500
Up to 40 hours of community service
Driver’s license suspension for up to 180 days

For drivers between the ages of 17–20 who are charged with DUI, penalties include:

Fines up to $2,000
Up to 180 days in jail
Driver’s license suspension for up to one year

DWI Penalty Enhancements

Some penalty enhancements related to a DWI charge include:

BAC of 0.15 or higher
Previous DWI conviction
A child is a passenger in the vehicle at the time of arrest
Open container in the vehicle at the time of arrest
Causing an accident that resulted in injury or death

These enhancements can lead to your Class B DWI first offense case being punished as a DWI second offense, or even as a felony. As such, it is critical that you have a defense lawyer fighting for you from the beginning.

Ignition Interlock Device (IID) Requirement in Texas

While on bond, Williamson County will require you to get an Ignition Interlock Device (IID) for any vehicle that you have access to. That’s right, just access, not ownership. So, if your significant other lets you use their car, an interlock is required. And this is even before the merits of the case are decided.

If you are convicted of DWI in Texas and you still want to drive, you will be ordered to install an ignition interlock device (IID) in your vehicle. The IID is a breathalyzer test that must be performed before you start your car. If there is alcohol present in your breath when using the IID, your vehicle will not start. Additionally, this lovely requirement carries with it an additional fee payable to DPS for an Interlock Restricted License.

Per Texas Transportation Code §521.246, this IID requirement applies to anyone convicted of DWI, including first-time offenders under certain circumstances.

Collateral Consequences of a Texas DWI Conviction

After a DWI conviction, it’s not just the criminal penalties that you need to worry about. This is something we stress to all of our DWI clients at our Georgetown law office. Collateral consequences of a DWI conviction could have a substantial effect on your life, both in the immediate future and many years down the road.

DWI Convictions Cannot Be Expunged from Your Criminal Record

Remember that in Texas, a DWI conviction is not eligible for expungement. This will remain on your record any time potential employers, higher education institutions, or other third parties need to conduct a background check.

You may be passed over for numerous opportunities due to your conviction. Collateral consequences for DWI include:

Inability to work due to a license suspension
Trouble finding gainful employment
Difficulty pursuing higher education
Loss of federal student aid eligibility
Trouble finding safe or affordable housing
Child custody issues
Loss of child visitation rights
Loss of gun rights
Inability to vote while incarcerated
Increased auto insurance rates

Remember, this is talking about a conviction and not something like deferred adjudication, probation, or the receipt of judicial clemency.

Avoid Penalties and Setbacks: Contact a Georgetown DWI Defense Attorney Today

Even a first-time DWI conviction can have repercussions that affect your life and livelihood. The Law Office of W. Todd Ver Weire will challenge the drunk and intoxicated driving charges and determine the best way forward given the outcome of your case. We are on your side, in your corner, and ready to fight. To discuss what happened with an experienced and non-judgmental DWI lawyer near you, contact our Georgetown, TX criminal defense law firm.

Potential Defenses in a DWI Case

If your DWI case needs to go to trial, multiple potential defenses could be used to challenge the allegations against you. Some examples of defenses in a DWI case include:

Lack of reasonable suspicion or probable cause
Unlawful stop or illegal search and seizure
Breathalyzer calibration or administration issues
Offering an alternative explanation for the apparent symptoms of intoxication
Failure to read your Miranda rights
Prejudicial field sobriety test results
Not seeing you operate a vehicle in law enforcement’s presence
Lack of a warrant in certain circumstances

Todd Ver Weire will carefully examine the specific details of your arrest, the evidence against you, and any testimony or statements given. The facts will help determine the right strategy and the best path forward.

Diversion Programs: An Alternative to a DWI Trial

Depending upon the circumstances, you may want to explore a diversion program to resolve your DWI charge. Williamson County currently has different diversion programs that offer an alternative to taking a case to trial:

These diversion programs can result in a dismissal, a dismissal with an expunction, or a reduced charge. As we work on your DWI case at our Georgetown law office, defense attorney Todd Ver Weire will let you know if these diversion programs are a good option given your situation.

Pre-Trial Intervention Program

The Williamson County Pre-Trial Intervention Program is offered to those individuals who have no criminal history apart from maybe a few speeding tickets. There is a comprehensive screening process to determine risk factors towards reoffending and engaging in bad behavior.

The key to the program is that it is a low-oversight, high-compliance environment. There is a cost for the assessments that you must pay upfront, with no guarantee that you will get into the program. And once accepted, there is a program fee that is tied to the length of time you are in the program that you need to pay within 24 hours of your onboarding into the program.

DWI/Drug Court

Williamson County DWI/Drug Court is an option for those who have at least one prior offense involving drugs or alcohol. This includes dismissed charges for a drug or alcohol offense. Your suitability for the diversion program will be determined in the screening process.

If you don’t have a prior offense involving drugs or alcohol, but face a charge where drugs or alcohol played a role, say an Assault Causing Bodily Injury – Family Violence (think domestic violence), you should look at applying to the DDCP. Oftentimes, it is because one had a few drinks, or something else, that caused an argument with a significant other to spiral out of control. As such, if alcohol or another substance played a role in whatever misdemeanor crime you are charged with, DDCP may be a viable alternative.

DWI/Drug Court provides a treatment-based approach. The benefit is that you will receive a lot of treatment and care to help you deal with your situation. For those with a prior DWI conviction and are now facing a charge of DWI second offense, participating in and completing the DDCP program can result in the charge being reduced to a first-offense DWI for punishment purposes. Furthermore, the DDCP provides the benefit of a cost-free Occupational Driver’s License for those whose driving privileges are suspended due to their DWI charge.

Veterans Treatment Court

Williamson County Veterans Treatment Court is an option for those who served or are currently serving in the Army, Marine Corps, Navy, Air Force, Space Force, or U.S. Coast Guard. Having a criminal history will not disqualify you from this program, but a bad conduct discharge will.

Compared to the Pre-Trial Intervention Program, the costs of Veterans Treatment Court are lower. There are also grants that can assist with some costs that you may face while in the program. The greatest benefit is that you will be around other veterans and service members, and the treatment team will take the time to ensure that you are connected with VA resources that you may not have known about.

Deferred Adjudication and Probation in a DWI Case

An unfortunate reality is that no DWI lawyer can guarantee an outcome. As part of the plea negotiation process leading up to a trial, various options such as deferred adjudication or formal probation may be a possibility.

Deferred Adjudication

Deferred adjudication is a form of community supervision, but instead of a conviction, the case is dismissed upon successful completion. The only way to get deferred adjudication is through a plea bargain with the state of Texas, and you do have to admit guilt. The deferred aspect means that the court defers a finding of guilt and gives you a chance to prove yourself during the term of the community supervision/probation.

When you agree to deferred adjudication, you will be on community supervision for an agreed-upon amount of time. You will also have specific terms and requirements you must meet while on community supervision. This may include attending drug or alcohol treatment programs, completing a DWI driving course, attending mental health counseling, and paying court fines. After completing the supervision, the case is dismissed and, after the appropriate waiting period, you can hire an attorney to file for an order of non-disclosure—in effect sealing the case from public view.

Probation

With the help of a DWI lawyer, you may be able to avoid some jail/prison time by entering into a plea agreement involving probation. This is done early on, and depends upon your case and what information we gathered and presented to the state of Texas during plea negotiations.

If you are granted probation, you will need to serve community supervision as opposed to spending time in jail or prison. Probation terms for a DWI offense can range from 12 months to 10 years, depending on the severity of the case. While on probation, you will be prohibited from consuming drugs or alcohol and may need to attend regular meetings with your probation officer.

Do Not Delay: Speak with a Trusted Georgetown DWI Lawyer Near You

Do not face the state of Texas alone. Our team has helped countless people throughout Central Texas challenge their drug and alcohol charges. We’ll consider the evidence, weigh your options, and find the best path forward based on what happened. To set up a consultation with an experienced DWI defense lawyer, contact our Georgetown, TX criminal defense law firm. The Law Office of W. Todd Ver Weire is ready to fight for you.