Clerburne, College Station, Conroe, Corpus Christi DWI Lawyers
- Clerburne
- Ward, Robert:
* Criminal Law
* Felonies
* DWI
* Misdemeanors
* Juvenile
- Patrick Barkman: If you
stand accused of a crime, you need an experienced, aggressive and
knowledgeable attorney to defend your constitutional rights.
- David Houston: Have you been arrested? Discuss your case with
an experienced Criminal Defense Attorney prior to making decision that
may affect your future.
- Guy Rogers:
Plea bargains have two advantages: (1) they are quicker, so many attorneys
charge less for them (2) there are no risks - you know what the deal is going
into the hearing, so you can't get hammered by an unsympathetic judge or jury.
- College Station-Texas A&M Publication
- Searcy & Gandy: Criminal Cases and the Standard of Proof
In order to win a case, you have to prove it by meeting certain
requirements or "standards." In a criminal case, the prosecution must
prove guilt "beyond a reasonable doubt." This is the most stringent
standard because the consequences of a conviction can result in
deprivation of liberty (jail).
Meaning of "Reasonable Doubt"
While not requiring absolute certainty, a juror must be persuaded that
the amount of proof is such that he or she would be willing to rely on
it without hesitation and with an abiding conviction. It is interesting
to note that several years ago the U.S. Supreme Court struck the phrase
"...and with a moral certainty," from the reasonable doubt instruction.
If the juror has a doubt that is based on reason or common sense after
impartial consideration of all the evidence presented, the prosecution
has failed to meet the requisite burden of proof (reasonable doubt).
- Comanche
- Till, Christopher:
Drunk Driving
If you have been charged with a DWI or DUI in Comanche County, you want to take action to stay out of jail and keep your license.
- Conroe
- McDougal Law:
Family Law
¥ Divorce
¥ Child Custody
¥ Modification of Child Support
¥ Adoption
¥ Premarital Agreements
¥ Probate
Criminal Law
¥ DWI
¥ Juvenile
¥ Felonies
¥ Misdemeanors
¥ Drug Possession
¥ Probation Violations
- LaBella, Joe:
Texas DWI Laws
Texas DWI Laws Texas DWI Terms Texas DWI Penalties Texas Drivers Licenses Suspensions
Alcohol and drug-related traffic offenses, commonly known as driving while intoxicated (DWI), are frequently prosecuted criminal offenses in Texas. They are also subject to administrative penalties. If the alcohol concentration in a person's blood, breath or urine is .08 percent or higher, the person is considered intoxicated by law.
Under some circumstances, the legal definition of intoxication is met even if a person's alcohol concentration is lower than .08 percent. Having alcohol, a drug or a controlled substance in one's body that causes loss of normal use of mental or physical faculties also is considered intoxication. If the person is operating a vehicle, vessel or even water skis in a public place, he or she is considered to be driving while intoxicated, which is a Class B misdemeanor in Texas. Boating or operating an aircraft while intoxicated also are crimes in Texas.
The minimum amount of jail time in Texas for driving while intoxicated is 72 hours, unless there is an open container of alcohol in the person's possession, in which case the jail time is at least six days. Consuming any amount of alcohol while operating a motor vehicle also is an offense in Texas.
In addition to jail time, a person who is convicted of Texas DWI the first time will have his or her driver's license suspended for 90 days to one year. Even if there is no conviction, the positive indication of alcohol from a blood, breath or urine test will result in automatic suspension of the person's driver's license. The person also may be required to complete an alcohol educational program for those who have operated motor vehicles while intoxicated. A person who fails to complete such a program when sentenced to do so may lose his or her license. A subsequent DWI conviction will result in driver's license suspension for another 18 months. In order to get the license back after the suspension period is over, the person must pay $125.
- Garcia, Gilbert:
Why an Attorney for DWI in Texas?
Why 15 days?
Q: What impact does a Driving While Intoxicated (DWI) arrest/conviction have on my driverÕs license and driving privileges?
A: Many people are unaware that hand-in-hand with an arrest for DWI in the State of Texas is the issue of dealing with the suspension of your driverÕs license. At the time of an arrest for DWI, a law enforcement officer will physically confiscate your driverÕs license. It will be replaced with a Notice of Suspension, along with a 40-day temporary driving permit.
It is your responsibility to request an Administrative License Revocation (ALR) hearing within 15 days of the date on the Notice of Suspension.
If you do not request a hearing, the suspension automatically goes into effect on the 40th day after the Notice of Suspension was served, and depending on a number of factors Ð including whether you are a minor, refused to provide a breath or blood specimen, prior police contacts, or if you did provide a specimen which registered over the legal intoxication limit Ð your suspension can range from 60 days to 2 years.
If you do request an ALR hearing, it will be conducted by a State Office of Administrative Hearings (SOAH) Administrative Law Judge (ALJ) (a government hired employee). The Department of Public Safety has the burden of proof, (only by a preponderance of the evidence) and at the end of the hearing the ALJ determines whether your license is suspended or not. If the ALJ does suspend your driverÕs license, you will likely need to pursue an occupational driverÕs license to obtain permission to drive to and from work.
Therefore, it is best to stick to your limits or designate a driver when drinking alcohol to avoid a DWI arrest. As you can see, itÕs not just a simple ticket. An arrest for DWI has a broad impact on your freedom, finances, and driving privileges. However, it is important to remember that just because someone is accused of the crime of DWI, it does not mean they are guilty. And the constitution and legal system affords every American the right to an attorney and the right to a legal defense when presented with such charges.
- Duane Corley:
If you have been arrested or accused of a crime or traffic offense, you need an experienced trial attorney who is able to honestly answer your questions and zealously defend your individual and constitutional rights.
- Douglas Atkinson:
Texas penalties for driving while intoxicated (DWI) are very severe and can have a lasting impact on your life. If you have been arrested for DWI, or a related alcohol offense, you may be facing jail time, large fines, loss of driving privileges, and expensive driverÕs license surcharge fees. A DWI conviction may also result in devastating consequences such as the loss of your job, the loss of your commercial license, inability to find a job, insurance rate increases, and strains in your personal life.
If you have been charged with DWI or any other alcohol related offense you should immediately contact an experienced Montgomery County DWI attorney. The only way to prevent a DWI arrest from affecting your life is by hiring a qualified DWI lawyer to fight for you.
- Garcia & Garcia:
If You are Charged with DWI in Texas
YOU ONLY HAVE 15 DAYS
from the day you receive the Notice of Suspension of your driver's license to notify the Department of Public Safety of your request for a hearing.
If you have received such a notice, and do not notify the Department of Public Safety in time, YOUR LICENSE WILL BE SUSPENDED.
- Steve Jackson:
Drunk driving cases start out with a contact between the driver of a motor
vehicle and a police officer. While the police have the right to approach and
speak with any citizen, they do not have the right to detain and investigate a
citizen unless they have "probable cause." Probable cause is the legal reason
an officer needs to detain and investigate. If the dui attorney can show to the
judge the officer did not have probable cause, the drunk driving case can be
dismissed.
- Atkinson Law Firm: If
you have been arrested or accused of a crime or traffic offense, you
need an experienced trial attorney who is able to honestly answer your
questions and zealously defend your individual and constitutional
rights.
- Corpus Christi
- Thau, William:
DUI/DWI cases stem from the arrest of an individual for operating a motor vehicle while having a Blood Alcohol Concentration (BAC) over the limit prescribed by law. Penalties can include fines, driver's license suspension or revocation, mandatory attendance at DUI schools, community service, probation, installation of a breath alcohol ignition interlock device, or a term of imprisonment. Additionally, individuals who refuse to submit to blood alcohol or field sobriety tests may also face criminal liability.
- Stith, David:
I Have Been Arrested for DWI, Now What?
If you have been arrested in Nueces County, Corpus Christi, San Patricio, Sinton, Port Aransas, Rockport, or Aransas County, there are some things you should know when deciding on how to handle your case.
The first thing you should know is that you have a very limited time to request an Administrative License Review Hearing (ALR). According to Texas law you must request the hearing within 15 days from the date of arrest.
This request temporarily halts the suspension of your license until a hearing can be held to determine if there was reasonable suspicion for the stop, and probable cause to believe that you were operating a motor vehicle while intoxicated. These two factors are what the attorney for the Texas Department of Public Safety must show the ALR Judge in order to request that your license or privilege to drive be suspended.
Be aware, that this is the first step in defending your DWI or DUI case. Prior to the hearing your DWI criminal defense lawyer will be able to get copies of the paperwork the attorney for DPS will try to use against you. Your DWI criminal defense lawyer will examine the paperwork to see if DPS has followed all the necessary rules in order for the DWI license review case to proceed. Your attorney can subpoena the officer, and get his testimony Òlocked inÓ. This is an important step in the DWI defense process, and should not be overlooked or missed. Depending on the outcome of the hearing, you will either keep your license, or can request an occupation license.
While you fight for your license, the criminal case may also be filed. You have many decisions at this point, and most will depend on how the DWI video looks (there may either be an in car video, a video taken at the station, or both).
You may or may not have done tests at the roadside, or in the ÒintoxÓ room. These Òstandardized testsÓ are the way officers generally try to show that a person is intoxicated. These tests are not set out by statute, but are taught to officers in classes. Merely because the officer thought you performed badly on the tests does not mean you are guilty of DWI. Also, it is important that the officers conduct the tests according to how they were taught.
There may also be a breath test result, or a refusal to provide a breath test. The breath test machine is not infallible, and your DWI defense attorney will be able to challenge the machine on a number of grounds. Also, the machine does not show what the level of intoxication was at the time of driving. This is another area where your DWI defense attorney is able to attack the evidence presented by the State.
There are many different types of resolution to your case. How to handle the case is your decision and should be made only with the advice and counsel of an attorney.
- John Flint:
DUI/DWI ö We will help you limit the length of time for license revocation/suspension, and with re-application for your license. Todays attorneys must be versatile and able to think outside the box that some practitioners have created in the legal system.
- Guy Williams:
Texas DWI laws are tough and conviction for DWI in Texas carries
tough penalties. Conviction for DWI, even a first offense, can
result in: Large Fines Court Costs Court-Ordered Alcohol Treatment Mandatory AA Attendance Probation 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 driver’s license will be suspended,
and you can be criminally charged with DWI.
The ramifications of an administrative suspension of your license are serious. First, you lose
your ability to drive even before your DWI hearing. That can affect your personal life and your job
if you cannot drive to work. Secondly, allowing your license to be suspended without a fight
could be a mistake. A conviction for a traffic related offense can have dire consequences.
Professional drivers can lose their Commercial Driver's Licenses (CDL) under Texas law for even a
single moving violation.
- F. Lakhani: Most of us
who drive know we must have insurance on our automobiles, but not all
of us know what this insurance does and does not cover. The following
is a basic overview of the kinds of insurance commonly offered in
Texas, what each different kind of insurance covers, and some basic
points every automobile owner should consider.
- Randall Barrera: If you are accused of drunk driving (DWI)
in Texas, you only have 15 days from the day your license is suspended
to challenge to revocation. You must act quickly to schedule an
automatic license revocation (ALR) hearing.
- Corsicana
- David Lamb:
If you've been charged with a DUI/DWI, recognize that you have only a 15-day window from the date of arrest to challenge or postpone mandatory license suspension.
Although the judge, police, prosecutors, and the appellate court are against you, your lawyer is on your side, informing you of your options and fighting to protect your rights.
- Martin & Lamb:
If you have received a drunk driving charge, it is important to
contact a lawyer who is knowledgeable about Texas DWI law right
away.
Many people do no realize that they should retain a lawyer when they
have been arrested for drunk driving on I-45, or any Texas roadway. Law
enforcement officers rarely suggest it, and the courts do not encourage
it. If you have been accused of DWI, you have the same rights as anyone
else who has been arrested.
If you have been charged with DWI (or a DUI if the driver is under
17), you have 15 days in which to request an administrative hearing. If
you do not request a hearing, your license will be suspended
automatically.
A DWI can have a significant impact on your life. If your license is
suspended or revoked, you may be unable to get to and from your job.
Martin & Lamb assists clients who have been arrested on I-45 in
obtaining occupational drivers' licenses. These are restricted drivers'
licenses that are granted to people convicted of DWI, or people
arrested for DWI. If you have been charged with or convicted of drunk
driving, this allows you to continue driving to and from work or
school.
A DWI charge may also result in an annual "surcharge" for your
drivers' license. This surcharge is $1000 a year for 3 years for a
first time offender; $1500 a year for 3 years for a second offense, and
$2000 a year for three years for a third offense.
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