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Bryan DWI Lawyers

  1. Platt & Associates: impaired driving case review
  2. Flanigan Law Firm: DWI and other Alcohol Offenses Being charged with Driving While Intoxicated or as a Minor in Possession of alcohol can be scary and complex. These alcohol offenses carry stiff penalties and usually result in your driver's license suspended even before you are convicted. DWI Driving While Intoxicated is a serious charge at any time, but carries very different punishments based on your prior history. You commit this offense, under Texas law, if you are operating a motor vehicle in a public place while you are intoxicated. You are "intoxicated" if either you: 1. Do not have 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 your body; or 2. Have an alcohol concentration of 0.08 or more. [Texas Penal Code 49.01(2)] Your blood alcohol concentration may be measured by testing your breath, blood, or urine. Punishment ranges: 1st offense: 72 hours - 6 months in jail; a fine up to $2,000 2nd offense: 30 days - 12 months in jail; a fine up to $4,000 3rd offense: 2 - 10 years in prison; a fine up to $10,000 In addition, the presence of an open container of alcohol in the vehicle may add to the minimum jail time. BUT that is not all! The punishment starts as soon as you are stopped: Your license will be suspended if you -- > give a sample of your breath and it says your blood alcohol level is .08 or above, or > refuse to give a sample. It is very important that you consult an attorney within 15 days of your arrest. Only if filed in 15 days will you be able to appeal this suspension. Even if your license is suspended, you may be able to get an Occupational Drivers License that would allow you to drive to and from work. Don't risk your job by losing your transporation! Finally, you will need an experienced attorney to defend you against the possible jail or prison that could result from a conviction. An experienced attorney can advise you about whether the breath test the officer took is valid, if the field sobriety tests performed on you were done correctly, or whether the officer made a critical mistake that violated your constitutional rights. The Flanigan Law Firm can file an appeal of your license suspension, apply to the court for an occupational drivers license for you, and privide critical legal representation that may prevent a conviction or reduce the possible consequenses. Minor with Alcohol Offenses > Minor in Possession of Alcohol > Minor in Consumption of Alcohol > Attempted of or Purchace of Alcohol by Minor > Misrepresentation of Age by Minor to obtain Alcohol The above are Class C misdemeanors, but carry very unique punishments, such as: 1. 6 months jail and a fine between $250-$2,000 if you have been convicted twice before of one of these type of offenses, 2. Community service of at least 12 hours, but in some cases, up to 40 hours, and 3. Drivers License suspension: 30 days for the first offense, 60 for the second, and 180 for the third.
  3. Jones, Chad: A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. The key parts there are: 1. Intoxicated 2. While Operating a motor vehicle 3. In a public place A public place, could be private property. People are arrested everyday for driving in a parking lot. Operating a vehicle does not mean you have to be driving the vehicle. Having the engine running, with the car in park, while asleep is enough to get arrested for DWI. The area where most cases focus is on intoxication. What is intoxication? Intoxicated means not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, or combination into the body; or having an alcohol concentration of .08 or more. Now DWI law is one of the most difficult areas of criminal law to practice. There are too many details to discuss on this website, but I will touch on a couple. Also, please feel free to email me and ask any questions. 1. Should I do the field sobriety test or give a breath/ blood test? Some attorneys will tell you never give a breath test. Generally, I agree. However, what if you have been somewhere with 3 friends and they will all swear on a stack of Bibles that you only had 1 beer? I would probably blow in that unreliable machine, but, only if I have a lot of evidence to support me. It is true the machine is not very reliable, and it does make errors. But refusing to blow will probably cost you your license, and get you arrested. In most cases, it is better to lose your license through the ALR process than to be convicted of DWI by an error prone machine. Let a jury look at you on video and make a determination of guilt or innocence. I will trust an impartial jury over that error prone machine everyday of the week. These field sobriety exercises the police want you to do are nothing more than a way to gather evidence for the police to prosecute you. They donÕt tell you that everything is being recorded. They donÕt tell you how you are being graded. They donÕt let you practice at least one time like you would any other test. Letting you know what they were grading, and letting you practice would help you to do your best. They donÕt want you to do your best! And, worse yet, these exercises are designed for you to fail! You cannot be compelled to be a witness against yourself. The State of Texas has to convict you with the evidence they have. 2. What is the punishment for DWI? The punishment involved in DWI is the focus of day long legal education classes. There are both criminal and civil punishments. Unfortunately, a lot of lawyers handling DWI cases donÕt know this. Criminal Law A first time DWI conviction is a Class B Misdemeanor. It means up to 6 months in county jail, and up to a $2,000.00 fine. There are minimum jail time requirements depending on prior convictions and other facts. A second conviction is a Class A misdemeanor which is up to a $4,000.00 fine and 1 year in jail. A third arrest, with two prior convictions, is a 3rd degree felony. Deferred Adjudication is not available for DWI. DriverÕs License may be suspended, and there may be conditions such as an interlock device on your car. Civil Penalties- ALR Something to consider with your DWI arrest is the ALR. The Administrative License Revocation hearing. This is something the State of Texas does outside of the criminal case process. If you refuse to give a breath/ blood sample your license could be suspended from 60 days to 2 years, depending on your age, and if there was a prior contact with law enforcement. If you give a breath/blood sample and fail, you will also face a license suspension, but for a shorter period of time. That being said, I do not trust the machine, and do not believe in letting the state use untrustworthy information to convict a person. So, I generally recommend refusing to give a sample. If your license is suspended, you may be eligible for what is known as an Essential Needs or Occupational License. It is also important to pay the reinstatement fee if your license is suspended. Otherwise, you will be driving with an invalid license (Class B misdemeanor), even after the suspension period is over. v
  4. Davis, Rick: A Driving While Intoxicated (DWI) charge is serious business in Texas. Just the arrest and what happens when you are arrested could affect the status of your driver's license and your ability to drive. A conviction could result in jail time, increased auto insurance premiums, civil surcharges, loss of job opportunities and more. If you have already been convicted of DWI once before, a second charge can result in more serious fines and penalties. If you have been convicted of DWI twice or more before, any new DWI charge could be indicted as a felony, and you could be sent to prison for up to 10 years, if convicted. The blood alcohol concentration (BAC) used to measure drunk driving in Texas is .08%. However, you can still be charged with DWI even if your BAC is below .08% if your driving is impaired due to the consumption of alcohol or drugs. Furthermore, if you are under the age of 21, you can be charged with Driving Under the Influence (DUI) even if your BAC is below .08%. Because the possible consequences of DWI, DUI and Underage Drinking are so serious, it is so important to consult a DWI attorney as soon as possible after you have been arrested or charged. The sooner you call Rick Davis, the sooner he can start building your defense. Texas DWI Penalties Here is an example of some of the possible serious consequences of Drunk Driving. If you are facing your first DWI charge, you could face the following consequences: * 3 to 180 days in jail * Up to $2,000 in fines * 90 - 365 day license suspension * Class B misdemeanor on your record * Community service * Probation * Mandatory MADD Victim Impact Panel attendance Drivers License Suspension If you have been arrested for DWI, the Texas Department of Public Safety (DPS) will suspend your license automatically if you do not challenge your arrest. You can ask for an Administrative License Revocation (ALR) hearing to make the DPS prove that your arrest was valid. You must request an ALR hearing within 15 days after you are arrested. If you have been arrested for DWI/DUI, call Rick Davis, and he will request a hearing for you, and will fight to keep your license. If your license has already been suspended, Rick Davis can help you obtain an Occupational License so that you can still drive to and from work and make other essential trips in your car. Drunk driving charges can have a lasting impact on your wallet, your driving privileges and even your liberty. Defending against DWI/DUI charges can be a challenging, complex task.
  5. Rodriguez & Gimbert: # DWI # Drugs # Motions to Revoke # Appeals # Felonies & Misdemeanors
  6. Banks, Phillip: CRIMINAL LAW # Felonies # Misdemeanors # DWI / DUI # Minor In Possession Charges # Public Intoxication Charges # Possession of Marijuana # Drug Paraphernalia Charges # Driver License Suspensions # Occupational Driver Licenses # Drug Charges # Prescription Drug Charges # Crack Cocaine Charges # Theft of Services # Theft of Property # Theft by Check / Credit Card # Assault # Sexual Assault # Vehicular Manslaughter # Murder # Probation / Parole Violations # Concealed Handgun Charges # Expunctions # Appeals # Writs of Habeas Corpus # Expunctions # Non-Disclosures # Traffic Citations PERSONAL INJURY # Automobile Accidents # Motorcycle Accidents # Premises Liability Issues # Wrongful Death # Toxic Tort Litigation # Nursing Home / Elder Abuse # Child Abuse # Slips, Trips, and Falls
  7. Gray & Granberry: The consequences of a failed or refused breathalyzer test A DWI charge in Texas can actually be two separate actions. The first is the criminal charge by the county or district attorney's office. The second is the loss of your license if you fail or refuse to take a field sobriety test. To avoid an automatic suspension of your driver's license, a hearing must be requested within 15 days. Penalties for conviction of DWI or DUI: Texas does not take DUI/DWI charges lightly. The possible penalties for the criminal portion of a first-time DWI conviction include fines up to $2,000, up to 180 days in jail, and a lengthy license suspension. Second and third convictions carry more significant consequences, including a felony conviction on a third conviction. If you are under 21 and charged with DUI, you could face up to a 180-day driver's license suspension, a fine of up to $500 dollars, community service, and mandatory alcohol awareness classes for underage drinking. 15-DAY DEADLINE   The (DRIVING LICENSE SUSPENSION) consequences of a failed or refused breathalyzer test A DWI charge in Texas can actually be two seperate actions. The first is the criminal charge issued by the county or district attorney's office. The second is the loss of your license if you fail or refuse to take a field sobriety test. To avoid an automatic suspension of your driver's license, a hearing must be requested  within 15 days . Penalties for conviction of DWI or DUI The possible penalties for the criminal portion of a first-time DWI conviction include fines up to $2,000, up to 180 days in jail, and a lengthy license suspension. Second and third convictions carry more significant consequences, including a felony conviction on a third conviction. If you are under 21 and charged with DUI, you could face up to a 180-day driverÕs license suspension, a fine of up to $500 dollars, community service, and mandatory alcohol awareness classes.
  8. Greaves, Craig: Q2. If I am driving a vehicle and an officer stops me and asks me to do a field sobriety test and/or provide a breath or blood sample, do I have to take the test? Answer: NO! Since you cannot be compelled to be a witness against yourself, you have no legal obligation to perform the field sobriety tests. Furthermore, if you are arrested for the offense of Driving While Intoxicated or Driving Under the Influence, you cannot be forced to give a breath or blood sample. There are legal ramifications for refusing to take a blood alcohol concentration (BAC) test. If you refuse to take a BAC test your driving privleges may be suspended from 60 days up to 2 years. However, if you take a BAC test and fail your driving privileges could be suspended from 60 days to 1 year.
  9. James & Reynolds: In Texas, you have only 15 days after a drunk driving arrest to request a hearing to save your drivers' license. For CDL drivers or others who drive for or to work, or even to take the kids to school, losing a drivers' license can be a major roadblock.
  10. Earl Gray: Quite often persons accused of a crime will decide to represent themselves and try and negotiate directly with the prosecutor. They want the ordeal to be over quickly and easily. Understand this: it is not the prosecutorÕs job to advise anyone accused of a crime of the various defenses which may be available to the accused. You need an experienced defense trial attorney in your corner.
  11. Eric Torberson:

    DWI Overview

    Texas DWI laws are tough and conviction for DWI in Texas carries tough penalties. Conviction for DWI, even a first offense, can result in:

    1. Large Fines
    2. Court Costs
    3. Court-Ordered Alcohol Treatment
    4. Mandatory AA Attendance
    5. Probation
    6. Jail Time

    A DWI charge can result from being stopped by police and registering .08 or more on a Breathalyzer, or refusing to submit to the breath test. 

    In either instance, your driverÕs license will be suspended, and you can be criminally charged with DWI. 

    If you are charged with DWI, working with an experienced DWI defense lawyer is your best chance for a favorable resolution of your case. In some cases, there are legal grounds upon which to challenge the stop of your vehicle and/or the administration of the sobriety test. In some cases the accuracy of the test results is subject to challenge. 

  12. Lane Thibodeaux:

    If you, your son, or your daughter has been charged with an alcohol related offense, here is some useful background information for first time offenders:

    1. DUI stands for Driving Under the Influence and is only for those under 21 with a detectable amount of alcohol in their system.
    2. DUI charge is only for detectable amounts Š does not have to be intoxication
    3. DWI stands for Driving While Intoxicated and is defined as having over .08 blood alcohol
    4. DWI is also defined as the loss of the normal use of physical faculties
    5. DWI is also defined as the loss of the normal use of mental faculties
    6. Making alcohol available to a minor is defined as anyone buying or providing alcohol to anyone over 21
    7. Open Container Š if there was an open container of alcohol in the car, a fine not to accede $500 may be assessed.
    8. 1st offense DWI conviction for an individual under 21 years off age, will result in a one year drivers license suspension in addition to any other penalty assessed.

    Second and third time DWI offenses carry much more substantial fines, penalties and potential jail time.

  13. Stephen Gustitis: If you are arrested for a criminal offense, or if you are the target of a criminal investigation, you should consider hiring a lawyer immediately.Ā  A qualified lawyer has the training and experience to protect your rights and help you obtain the best possible result in your case.Ā  Further, a lawyer will investigate your case and advise you about possible defenses and strategies.
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