DUI/DWI Defense
Experienced representation when you need it most
Facing charges for driving under the influence can be a life-altering experience. At Hoestenbach Law Group, we understand that good people can find themselves in difficult legal situations. A DUI or DWI charge threatens not only your driving privileges but potentially your freedom, career, and reputation. Our experienced defense attorneys provide vigorous representation to protect your rights and work toward the best possible outcome in your case.
Understanding DUI vs. DWI Charges
While some states use these terms interchangeably, they often represent distinct offenses:
DUI (Driving Under the Influence)
DUI typically refers to driving while impaired by alcohol or drugs to a degree that affects your ability to operate a vehicle safely, even if your blood alcohol concentration (BAC) is below the legal limit.
DWI (Driving While Intoxicated)
DWI generally indicates that a driver’s BAC exceeds the legal limit (0.08% in most states), creating a “per se” violation regardless of whether the driver appears impaired.
In cases involving prescription medications or illegal substances, charges may overlap with other offenses as further discussed in Drug Charges cases, requiring a defense attorney with comprehensive knowledge of both DUI and controlled substance laws.
Potential Penalties for DUI/DWI Convictions
The consequences of a DUI/DWI conviction vary by jurisdiction and circumstances but commonly include:
- First Offense: Fines ($500-$2,000), license suspension (3-12 months), possible jail time (up to 6 months), probation, and mandatory alcohol education programs
- Repeat Offenses: Substantially increased fines, extended license suspension or revocation, longer jail sentences, mandatory ignition interlock devices
- Aggravating Factors: High BAC levels (typically 0.15% or higher), causing accidents, having minors in the vehicle, or driving on a suspended license can all significantly enhance penalties
Professional consequences can be equally severe, particularly for those working in positions requiring driving or professional licensing. What begins as a traffic stop can quickly escalate into serious charges that may be linked to White-Collar Crimes if professional misconduct or fraud allegations arise from attempts to conceal the situation from employers or licensing boards.
Effective Defense Strategies
At Hoestenbach Law Group, we meticulously examine every aspect of your case to build the strongest possible defense:
- Traffic Stop Analysis: We investigate whether law enforcement had legal justification to pull you over in the first place
- Field Sobriety Test Challenges: These subjective tests are often administered incorrectly or interpreted improperly
- Breathalyzer and Blood Test Scrutiny: We examine calibration records, maintenance logs, chain of custody, and proper administration protocols
- Medical Condition Considerations: Certain health conditions, medications, or dietary factors can produce false positive results
- Procedural Violations: We identify if your rights were violated during any phase of the arrest or testing process
In situations where a DUI incident results in a collision or confrontation, you may face additional charges. Our experience handling Assault & Violent Crimes allows us to provide comprehensive defense when DUI allegations include related charges such as vehicular assault or reckless endangerment.
Frequently Asked Questions About DUI/DWI Defense
Should I just plead guilty to my first DUI to get it over with?
We strongly advise against pleading guilty without consulting an attorney. Even first-time DUI charges have significant consequences that can affect your life for years. Many DUI cases have valid defense options that could result in reduced charges or even dismissal. At Hoestenbach Law Group, we carefully review every aspect of your case to identify potential weaknesses in the prosecution’s evidence.
Will I lose my license immediately after a DUI arrest?
In most states, you face an administrative license suspension shortly after arrest, separate from any criminal penalties. However, you typically have only 7-10 days to request an administrative hearing to contest this suspension. This is why contacting an attorney immediately is crucial—we can help you request this hearing and potentially preserve your driving privileges while your case proceeds.
Can I refuse a breathalyzer test?
While you technically can refuse testing, most states have “implied consent” laws that impose automatic penalties for refusal, often including longer license suspensions than you would face with a failed test. The decision to refuse testing is complex and situation-dependent. Our attorneys can explain how refusal might impact your specific case during your consultation.
How will a DUI affect my insurance rates?
A DUI conviction typically results in significantly higher auto insurance premiums for several years, or your policy may be canceled entirely. Some clients may need to obtain high-risk insurance. This is one of many reasons why mounting a strong defense is important—the financial impact extends well beyond court fines.
Can a DUI be expunged from my record?
Expungement possibilities vary greatly by state and circumstances. Some jurisdictions allow expungement after a certain time period, while others never permit DUI expungements. Alternative resolutions like diversion programs may be available for first-time offenders in some areas. Our attorneys can advise on options that might be available in your jurisdiction to minimize long-term record impacts.
Contact Richard Today
"*" indicates required fields
Your Case Deserves Personal Attention
We Work With You Directly
Austin Office
Odessa Office
Dallas Office
San Diego Office
Our Approach to Your Defense
Hoestenbach Law Group’s attorneys bring decades of combined experience to your case. We understand that no two DUI/DWI cases are identical, which is why we offer a comprehensive defense approach:
Don't Face DUI/DWI Charges Alone
The time immediately following a DUI/DWI arrest is critical. Important deadlines for administrative hearings regarding your driver’s license may expire quickly.
Contact Hoestenbach Law Group today at (855) 294-7500 or fill out our short online form for a confidential consultation. Our experienced defense attorneys will evaluate your case, explain your options, and help you navigate this challenging legal situation.
Legal Disclaimer: The information provided on this page is intended for general informational purposes only and does not constitute legal advice. Every case presents unique circumstances. No attorney-client relationship is formed merely by reading this information. For specific legal advice tailored to your situation, please contact Hoestenbach Law Group directly to schedule a consultation with a qualified attorney.
Call Us Now