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Criminal Defense & Personal Injury Attorneys Law Office of Genaro Fraustro

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Offering Experienced Services in Criminal Defense and Personal Injury








DWI / DUI, Call Us Today 956-994-8072

McAllen, Hidalgo County,  DWI Lawyer

A DWI arrest is something that can happen to anyone who drinks in Texas.  If you thought that a DWI in Hidalgo County, Texas could never happen to you or someone close to you, but now you suddenly realize that you are in a situation that you never expected to happen.  If this has happened to you, now is the time to contact McAllen’s Driving while Intoxicated (DWI) defense lawyer Genaro Fraustro to protect and fight for your rights.  A DWI charge is a serious offense.  It can carry jail time, monetary fines, and other penalties. To help fight your charges, you will want an experienced attorney on your side.

DWI Defined under Texas Law: Blood Alcohol Content (BAC)

The Texas Penal Code outlaws driving while intoxicated (DWI)  and the state uses your blood alcohol concentration (BAC) to determine whether you’re too intoxicated to operate a motor vehicle.   Under Texas Penal Code Section 49.01(1), Intoxication is assessed through analysis of breath, blood, or urine.

Below are the state of Texas BAC limits:

•    21 years old or older: 0.08%;  If any one of these three tests (blood, urine, or breath) results in an alcohol concentration of 0.08. You can also be charged as being unlawfully intoxicated if you are without “the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.”
•    Commercial drivers: 0.04%
•    Younger than 21 years old: Any detectable amount.

Please note that a BAC above the legal limit is not necessary to legally accuse someone of DWI in Texas; instead, Probable Cause, indicating that you are intoxicated, is enough for a police an officer to arrest you.

How We Defend a DWI Case

The Government is required to show that:

1.    The arresting officer had a valid reason to stop you or come in contact with you,
2.    The arresting officer had probable cause to arrest you,
3.    The officer giving field sobriety tests was properly trained,
4.    The field sobriety tests were given correctly,
5.    The equipment used by the officer was working properly,
6.    The person operating the equipment was certified in the use of the equipment,
7.    The equipment was in working order at the time of its use, and;
8.    The machine did what it was suppose to do
9.    The person charged with DWI was intoxicated.
10.    The person charged with DWI was actually “operating” a motor vehicle.

Every Case that we handle will be thoroughly and aggressively investigated for any and all potential flaws and weaknesses in the Government’s case and we will subsequently challenge these areas to obtain favorable results such as Dismissals and Not Guilty verdicts for our clients.

DWI Charges can have Severe Consequences

A DWI charge or conviction in Texas can have very serious and life-changing consequences. If your DWI case is not handled properly,  you could lose your privilege to drive, you could be charged up to $10,000 in fines, fees and surcharges, you could be dropped by your auto insurance company and you could still end up facing jail time. This is why it is of very important to hire a criminal defense lawyer who focuses on handling Texas DWI’s and other alcohol related offenses in Hidalgo County, Texas.

The first DWI charge is usually a misdemeanor charge, and an experienced lawyer can aggressively defend that charge with the goal of dismissal or deferred adjudication. However, if the first DWI charge involves another crime (involuntary manslaughter, drug trafficking) then felony charges may be involved in the DWI defense.  Note that if the first DWI charge is complicated by the fact that a minor child was in the vehicle at the time of the DWI arrest, then the defendant faces a state jail felony if convicted.



First DWI Conviction misdemeanor Second DWI Conviction misdemeanor Third DWI Conviction felony DWI w/ a Child < 15felony
At least 3 days jail
(if open container in vehicle while DWI
6 days minimum)
Up to a $2000 fine
Up to a 1 year Texas license
At least 30 days jail
Up to a $4000 fine
Up to a 2 year Texas drivers
license suspension
2 -10 years prison
Up to a $10,000 fine
Up to a 2 year Texas
license suspension
Up to 2 years prison

Up to a $10,000 fine

Up to a 180 day Texas drivers
license suspension

1. All Texas DWI convictions require completion of either a DWI Alcohol Education Program or a DWI Alcohol Intervention Program.
2. In addition to the fine, a first DWI conviction results in a $1,000 surcharge, paid annually for three years. A second or third conviction results in a $1,500 surcharge, paid annually for three years. A DWI with a BAC > 0.15 percent results in a $2,000 surcharge paid annually for three years.

For a free legal consultation, please call (956) 994-8072, to schedule an appointment to visit with Criminal Defense Lawyer Genaro Fraustro.

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