Best DUI Lawyers in Garland, TX

FAQs

• What is the non-emergency contact number for the local police station in Garland, Texas?

  The non-emergency contact number for Garland Police Department is 972-485-4840.

• Where can I get a copy of police reports for incidents related to my case in Garland, Texas?

  You can get a copy of a police report by filling out the form at https://www.garlandpolice.com/DocumentCenter/View/1285/Open-Records-Request-Form and submitting it to the Garland Police Department at 1891 Forest Lane. Include the requester's name, address, and phone number when submitting the request. The request should also include specific details, including date of birth, time, and location. The police report should be available within 10 business days.

• Can the police draw blood without your consent if you are suspected of DUI in Garland?

  Yes. Colten’s Law, which requires police officers to take a DUI suspect's blood sample, has been in effect since 2021 in Garland. The mandatory blood draw applies in the following situations:

  • when the police are making an arrest for intoxication offenses
  • if the suspect refuses the officer's request to submit to the taking of a blood specimen voluntarily
  • if the suspect was the driver of the vehicle involved in an accident
  • if the police reasonably believe that the accident was a result of intoxication
  • if the police reasonably believe that the accident caused death or serious bodily injury to another person. A warrant is usually required to obtain a blood sample, but the officer can still proceed if there is reason to suspect that there are urgent circumstances.

• What is the blood alcohol concentration limit for underage drivers in Garland?

  According to the Texas Alcoholic Beverage Code, there is a zero-tolerance standard for drivers under the age of 21. This means that if a minor has any detectable amount of alcohol in their system while driving a vehicle on a public street in Garland, they will be charged with Driving Under the Influence of Alcohol by a Minor. The arrested minor will have to pay a $500 fine, have their license suspended for up to 120 days, do 60 hours of community service, and participate in an alcohol awareness program.

• What happens if a driver arrested for DUI in Garland has a blood alcohol concentration level of 0.15 or higher?

  Under Texas Penal Code § 49.01(2), individuals with a blood alcohol concentration (BAC) of 0.08 or more are considered intoxicated. Texas Penal Code § 49.04(d) states that a person with a BAC level of 0.15 or more at the time of analysis will face a Class A misdemeanor. If your BAC level is 0.15 or higher at the time of your arrest in Garland, you could spend up to one year in jail and pay a fine of up to $6,000. A DUI suspect with a BAC of 0.15 or more is required to install an ignition interlock device on all vehicles they own or operate for a full year after the end of the suspension.

• Can you still get convicted of DUI in Garland even if your blood alcohol concentration was not 0.08?

  Yes. If your blood alcohol content (BAC) was below 0.08 in Garland, you could still be found guilty of DUI. Authorities may look for signs of intoxication in a variety of ways, including your driving behavior (if you were weaving or ignoring traffic signals), personal behavior (if you smelled of alcohol or were unable to respond to simple questions), or field sobriety test results.

• What happens to commercial drivers arrested for DUI in Garland?

  Commercial drivers in Garland who had a 0.04 blood alcohol concentration level when they were pulled over by officers can be convicted of DUI. Consequences include Class B misdemeanor charges, 180 days of jail time, fines up to $2,000, suspension of personal and commercial driver's licenses, probation, community service, and required participation in an alcohol awareness program. If the commercial driver already has a previous DUI on record, his commercial driver's license could be permanently disqualified.

• What does a DUI charge involve?

  DUI, or driving under the influence, is a criminal charge applied to someone who is suspected of operating their vehicle while under the influence of an intoxicant, such as drugs and/or alcohol. Every state in the U.S. has a law on the books that bans driving while intoxicated; however, the specific criteria may differ from jurisdiction to jurisdiction. In some states, a driver with blood alcohol content (BAC) in excess of 0.08% can be brought up on DUI charges while other states set a higher threshold or increase the severity of charges in accordance with the level of intoxication. In some cases, DUI is determined not via testing but by behavior; drivers who are intoxicated to the point of impairment and who cannot safely operate their vehicle may be arrested on suspicion of DUI.

• What's the difference between DUI, DWI, and OVI?

  The terms driving under the influence (DUI), driving while impaired (DWI), and operating a vehicle under the influence (OVI) are all legal phrases that refer to the crime of operating a vehicle while impaired by drugs (illegal or prescription), alcohol, or both. These terms are largely interchangeable though some states use only one acronym in their statutes for the sake of clarity. There are also other acronyms occasionally substituted for DUI, such as DWAI (driving while ability impaired), OWI (operating while intoxicated), OUI (operating under the influence), and DUII-CS (driving under the influence of intoxicants: controlled substances).

• How long does a DUI stay on your record?

  In addition to the more immediate penalties that come with a DUI conviction, this costly mistake can have other consequences. DUIs stay on your driving record for years with the exact length of time differing from state to state — the California Department of Motor Vehicles, for instance, tracks DUIs for 10 years and may use that information to determine things like license eligibility. In Alabama, DUIs stay on the record for five years while in Alaska they're permanent. In states that use point systems to track driving infractions, DUI points may stay on the record far longer than the DUI itself.

• How much does a DUI lawyer cost?

  The cost of a DUI lawyer depends largely on three things: geographic area, the lawyer's experience, and whether the case is settled quickly with a plea or ends up going to trial. Attorneys may charge a flat rate, more commonly used for simple cases that are likely to wrap up quickly, or they may charge by the hour, which can add up quickly if the case requires a lot of pretrial preparations and court time. Ultimately, a DUI lawyer could cost as little as $700 or bill in excess of $4,000.

• How do I choose a DUI attorney?

  Finding the right DUI lawyer is crucial, especially when it comes to preventing a suspended license and minimizing fees and other penalties. To choose the right one:

  • Look for attorneys experienced in DUI case law
  • Ask for referrals from family and friends
  • Check the internet for reviews, keeping in mind that no two DUI cases are exactly alike
  • Meet with prospective lawyers (many offer free consultations) to hear their perspective on the case and see whether their personality feels like a good fit
  • Ask whether the lawyer will be the primary representative or if the case could be passed to an associate and how many clients the lawyer/firm represents at one time
  • Discuss billing options — the difference between an hourly rate and flat fee can be considerable

• What happens when you get a DUI?

  Individuals detained on suspicion of a DUI are typically taken to jail, their vehicles impounded, and either held on bail or processed and released pending a court date. That initial court appearance is a chance to enter a plea; it's a good idea to retain legal representation prior to this hearing so they have an opportunity to argue for reduced charges or even dismissal.

  Drunk driving charges are often enough to warrant a suspended license pending the outcome of the case. A DUI conviction could mean losing that license entirely as well as paying fines, court costs, and DMV fees and paying for treatment or other intervention programs as instructed by the court — perhaps even completing jail time. These penalties tend to be less severe for first-time offenders and increase significantly thereafter.

• Can I contest a DUI without a lawyer?

  While it's possible to contest a DUI without a lawyer present, case law is complex, and navigating those laws can be tricky. A DUI lawyer can't guarantee a positive outcome, but they are in a far better position to make crucial moves, such as challenging the legality of the original traffic stop, questioning the officer-led sobriety tests, and introducing evidence that could lead to an exoneration. In short, it's tempting to save money by going it alone, but the consequences could be costly. Before deciding against a lawyer, take advantage of a free consultation and weigh their recommendations. If budget is a factor, there are court-appointed public defenders who may take on the case.

• How much does a DUI cost?

  DUIs are expensive. In addition to attorney fees that often run the gamut from $700 to over $4,000, there may also be bail costs, court-ordered fines, alcohol education courses, traffic school, DMV fees, the cost of increased insurance rate, fees associated with recovering an impounded car, and the possibility of paying for a court-ordered ignition interlock device. All together, the average cost of a DUI sits at around $6,500 not counting peripheral expenses, such as alternate transportation while unable to drive and lost income due to court dates and incarceration.

• When does a DUI become a felony?

  Driving under the influence is classified as a misdemeanor unless the DUI meets certain state-specific criteria such as:

  • It's not the first offense. Anyone arrested for DUI who has been convicted of driving under the influence previously may be charged with a felony, depending on the length of time since the last conviction.
  • The offender was driving without a license. Getting a DUI with a license that has been suspended, revoked, or restricted is a felony in many states.
  • The DUI resulted in someone else's injury or death. Some states cite bodily harm as one of the reasons to change a DUI from a misdemeanor to a felony.

• How much does car insurance go up after a DUI?

  Since car insurance rates are based on driving history and projected risk, it stands to reason that a DUI conviction will result in higher insurance rates. How much those rates go up depends on the state. In Colorado, insurance rates jump around 18% following a DUI conviction while North Carolina sees a median rate increase of more than 300%. To put that in further perspective, consider New Jersey; the state's average insurance rate is $1,419, but the average rate with DUI increases 132% to $3,292.