Criminal Law

Criminal Lawyer Focusing on Drug and DUI Charges in Burnet, Texas

Texas is a state with a reputation for having a tough criminal penalty code, and nowhere is that more evident than in the areas of DWI and drug charges. If you are arrested for a DWI or a drug charge in Texas, you could be facing jail, fines, and loss of your driver’s license—even for a first offense. Criminal charges are a serious matter; if you have been charged with a DWI or drug offense, you’re going to need smart, diligent defense from an experienced criminal lawyer.

DWI/DUI Arrest

Although the state of Texas prefers the term DWI, which means Driving While Intoxicated, it’s synonymous with Driving Under the Influence (DUI) in other states. In Texas, to be charged with DWI, you must meet the following elements:

  • Driving or in active control of a running vehicle. The person in question can be seated in the driver’s seat of a parked car with the engine ignited.
  • Intoxicated. This means that that the alleged offender has a BAC of .08 or higher, or is under the influence of another intoxicating substance.

Steps Involved in a DWI arrest:

  1. Probable Cause – Police observe your driving pattern or establish another reason for the stop (i.e. an accident, DUI checkpoint).
  2. Physical Observations – The officer will look for physical indicators of intoxication, including the driver’s appearance, speech, fine motor skills, et cetera.
  3. Voluntary Roadside Exercises – Police administer roadside exercises. In Texas, these standard exercises include:
    1. Walk and Turn
    2. One-Leg Stand
    3. Horizontal Gaze Nystagmus (HGN)
  4. Arrest – Officers will make a determination of the driver’s sobriety and make an arrest.
  5. Implied Consent – You’ll be asked whether you will submit to a breath test or a blood test, the results of which are admissible in court.

BAC Testing

Texas is an implied consent state. What that means is that as a condition of getting your driver’s license, you agree to providing a breath or blood test or both upon the request of a law enforcement officer. You will be reminded of this agreement after the police stop you. If you refuse to take a breath test, your license will be suspended for 180 days for a first refusal and for two years for a second or third refusal. While this sounds bad, it’s still not always in your best interest to provide a breath test. Police will usually only request a blood test if they believe that your breath results are inconsistent with the level of intoxication that they believe that you’re demonstrating.

Booking at the Station in Burnet

Whether or not you agree to providing a breath test, you have already been arrested, which means that the police will transport you to their respective stations for processing. If you are arrested by Burnet P.D., for instance, they will process you in Burnet; if you are arrested in Austin, Austin P.D. will transport you there.

At the police station, you will have to surrender your property, submit to a search, and allow yourself to be photographed and fingerprinted. The arresting officer will document the incident and secure and evidence that they have against you. You may be transported to the Burnet County jail or released on your own recognizance, but your charges will still be pending. If you aren’t released and you can’t make bail, you’ll appear before a judge the next day.

DWI Charges in Texas

Under Texas penal code, there are a number of exacerbating circumstances that can lead to a higher level of offense. In Texas, you can be charged with aggravated DWI if:

  • There was a child under the age of 15 in the vehicle
  • You have had two prior DWI convictions
  • You have a BAC of .15% or higher as indicated by your breath or blood test
  • You are at fault in an accident that caused serious bodily injury or death to another.

Texas DWI Consequences

In the state of Texas, these are the maximum penalties for a non-aggravated DWI arrest:

First Offense
  • Up to $2,000 in fines
  • 3-180 days in jail
  • D.L. suspension of up to a year
  • A special driver’s license fee of $1,000-$2,000 per year for three years
Second Offense
  • Up to $2,000 in fines
  • One month to one year in jail
  • D.L. suspension of up to two years
  • A special driver’s license fee of $1,000-$2,000 per year for three years
Third Offense
  • Up to $10,000 in fines
  • 2-10 years in prison
  • D.L. suspension of up to two years
  • A special driver’s license fee of $1,000-$2,000 per year for three years

These penalties can increase at each level when the current charge is considered an aggravated DWI.

DWI Defense in Burnet

At the Burnet, TX Law Office of Steven Wittekiend, DWI Defense Attorney Wittekiend vigorously defends clients who are accused of drunk driving and alcohol-related charges by examining all aspects of the prosecution’s case and attacking the weakest parts of it. That takes years of experience fighting for clients in Burnet County courtrooms, and Steven Wittekiend has it. Call the Law Office of Steven Wittekiend to discuss your DWI charges.

Drug Possession in Texas

Texas’s history as a border state has led to some very tough penalties for both drug dealers and illicit-drug consumers. With very few exceptions—mostly involving small amounts of marijuana—most drug charges in the state of Texas are felonies, which are punishable by prison sentences and heavy fines. No one should take a drug arrest in Burnet, or anywhere else in Texas for that matter, lightly. If you’ve been arrested for a drug crime, hire a competent, experienced drug defense lawyer immediately.

Types of Drug Crimes

Drug crimes and the penalties associated with them are based upon three important factors:

  1. The type of drug (i.e. marijuana, cocaine, heroin, et cetera)
  2. The weight of the drug
  3. What the defendant is accused of doing with the drug (i.e. possession, selling, buying, et cetera)

Naturally, there can be other aggravating circumstances. For instance, distributing drugs to minors or selling near a school can enhance the penalties associated with the charges.

Common drug charges include:

  • Possession
  • Distribution
  • Trafficking (state and federal)
  • Prescription fraud and uttering forged prescriptions
  • Manufacturing or cultivating a controlled substance
  • Delivering a counterfeit substance

Drug Crime Punishment

The penalties for drug crimes vary greatly in Texas. Cannabis carries a different charge than heroin. Distribution or selling generally carries a greater penalty than possession of a drug of the same amount. With the exception of small amounts of marijuana (less than four grams), the possession of nearly any other controlled substance is a felony. Felonies in Texas carry potential prison terms, substantial fines, and you will have a permanent criminal record.

Drug Crime Defense in Burnet, Texas

If you have been charged with a crime related to drugs or paraphernalia, you need to retain the services of a criminal defense lawyer who’s skilled at finding holes in prosecutorial drug cases. An experienced drug defense lawyer who’s familiar with Texas law will give you your best chance at beating your charges or negotiating a favorable plea bargain.

The Law Office of Steven Wittekiend Serves Clients facing Criminal DUI and Drug Charges in Burnet, Texas and the Surrounding Areas

If you’ve been arrested in Burnet for DWI/DUI or a drug charge, the time to start planning your criminal defense is now. Attorney Steven Wittekiend has successfully defended hundreds of clients throughout Burnet County for these types of charges. Contact the Law Office of Steven Wittekiend today and schedule an initial free consultation.

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Law Office of Steven Wittekiend

111 E Jackson St, Burnet, TX 78611

(682) 302 5746


Monday - Friday: 9am - 5pm
Saturday: By appointment
Sunday: Closed