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Search for Texas DWI
Attorneys by County.
Arlington DWI Lawyers
- Schneider Law Firm:
Criminal Defense involves representing clients in cases that are initiated by the State of Texas for alleged violations of criminal laws. The lowest level of criminal offenses in Texas is a Class C misdemeanor. Next is a Class B misdemeanor, Class A misdemeanor, State Jail felony, 3rd Degree felony, 2nd Degree felony, 1st Degree felony, and the most serious offense is a Capital felony.
- Randall Miller:
jury's role in a criminal case is to determine the guilt or innocence of a defendant. In accordance with this role, the jury must also judge the facts of the case. In order to make its factual determination, the jury is instructed on the law by a trial court. The trial court sets forth the law in written instructions that are delivered to the jury before the prosecution and the defense make their closing arguments. The jury is not permitted to receive the law from any source other than the trial court.
- Robinson & Smart:
The amount of alcohol in your body is understood by measuring the amount of alcohol in your blood. This measurement can be taken directly, by drawing a sample of your blood, or it can be calculated by applying a mathematical formula to the amount of alcohol in your breath or urine. Some states give you a choice of whether to take a breath, blood or urine test -- others do not. If you test at or above the level of intoxication for your state (.08 to .10 % blood-alcohol concentration, depending on the state), you are presumed to be driving under the influence unless you can convince a judge or jury that your judgment was not impaired and you were not driving dangerously. Defense attorneys often question the validity of the conversion formula when driver's alcohol levels are based on breath or urine tests.
- Ball & Halse:
Driving While Intoxicated is considered a serious offense. After an arrest, the
police will present their case to the local district attorney to review for
prosecution. In most instances, the prosecutor accepts the case and charges are
filed in the county of arrest. It is important that you consult with legal
counsel as soon as possible after being released from custody. The penalties
under Texas law, if a person is convicted of driving while intoxicated, include
fines, potential confinement in jail and driver's license consequences. A first
offense carries penalties under Texas law of fines up to $2000.00. In addition,
the possibility exists for confinement in jail up to 180 days
- Gregory Dorst:
Contrary to what some people may think, there is no constitutional right to
refuse a breath or chemical test to determine the level of alcohol in your
body.
- John Rutledge:
DWI is a criminal offense that says a person may not drive a motor vehicle in a
public place while "intoxicated". The DWI statute does not say driving while
drunk.
- Ann Lawler:
What are the penalties for DWI? First, an academic detour on the topic of "what
is probation?". Probation can be defined as a suspension of a sentence of jail,
a fine, or even a driver's license suspension by the court. Said another way,
upon conviction, the judge pronounces a punishment of a jail sentence, a fine
sentence, and a driver's license suspension. Example: Judge Dredd says "Mr.
Defendant, your sentence is 180 days in jail, a $2,000.00 fine, and a year's
suspension of your driver's license." "Holy cow, I can't believe it, I'm going
to jail" is the thought you have when all of the sudden the judge speaks again.
He says, "however, I'm going to probate this sentence. Your jail is probated
for one year, $1,500.00 of your fine is probated, and your driver's license
suspension is probated." In layman terms this means that you will not have to
do the 180 days in jail if you behave for one year, that you will only pay
$500.00 of the fine if you behave for one year, and your driver's license will
not be taken from you if you behave for one year. "Wait" you say, what does
"behave" mean? It means that the judge has offered you a "deal" you can't
refuse. This "deal" is a contract between you and the court. The contractual
terms are simple. The judge promises not to put you in jail, not to make you
pay the entire fine and not to take away your driver's license. In exchange, if
you agree to the probation, you are agreeing generally to do the following:
Report once a month to a probation officer, Not to commit any further crimes
during the term of probation, To pay a monthly supervisory fee to the probation
office (approximately $40.00), To perform a specified number of community
service hours during the term of your probation (between 24 and 80 hours)
(community service is volunteer work to benefit the community), To attend DWI
awareness classes dealing with the effects of alcohol or listening to victims
of DWI related tragedies, To disdain from consuming alcohol for the term of
your probation, To pay your non-probated fines and court costs, Any other
requirements the court sets for you. Now, back to the specific penalties for
intoxication offenses. DWI, depending on the number of prior convictions you
have and when those convictions occurred, can be either a misdemeanor or a
felony offense. Generally speaking, the penalties for DWI are as follows: a)
first offense: a first-offense conviction includes a fine not to exceed
$2,000.00 and/or the possibility of serving jail time from 3 days to 180 days,
and a driver's license suspension of 90 to 365 days. (Class B Misdemeanor). b)
second offense: the maximum fine increases to no more than $4,000.00 and/or
jail from 30 days to one year, and a possible driver's license suspension
ranging from 180 days to 2 years. (Class A Misdemeanor). c) third offense:
here, you may receive a fine up to $10,000.00 and/or 2 to 10 years of
imprisonment, and suspension of your driver's license ranging from 180 days up
to 2 years. (3rd Degree Felony). d) DWI with an open alcohol container (first
offense): In addition to the penalty referenced above you face a minimum 6 days
in jail and a fine of no more than $2,000.00. (Class B Misdemeanor). e) DWI
with an accident where serious bodily injury occurred as a proximate cause of
the intoxication: this crime is called intoxication assault, and upon
conviction you may serve a minimum of 2 years up to a maximum of 10 years in
jail. Additionally, you may be fined up to $10,000.00. (3rd Degree Felony). f)
DWI where a death has occurred as a proximate cause of the intoxication: here,
the crime is intoxication manslaughter. Upon conviction you might have to pay a
maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated
Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree
Felonies). In some of the above minor classifications you may be eligible for
probation, but there is no guarantee that you will receive a probated jail
sentence or fine. If you are convicted of intoxication assault and wish to
receive probation, a minimum of 30 days in jail must be served as a condition
of probation. Furthermore, to receive probation upon being convicted of
intoxication manslaughter you must serve a minimum of 120 days in jail.
However, if you are convicted of Intoxication Assault or Intoxication
Manslaughter and the court or jury finds that you committed the offense with a
deadly weapon you may be ineligible to receive probation at all.
- Johnson, Johnson & Rothfelder:
DWI is a serious charge. So much can be at stake: the loss of driving
privileges, jail time, and a police record.
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