Brought to you by Colorado DUI Drunk Driving Defense

Dallas DWI Lawyers

1. Wells, Ron: When should I talk to a Criminal Lawyer? You should immediately consult a criminal lawyer if you believe that any of your associations or action, whether direct or indirect could be involved in a government investigation, warrant or indictment. Assume anything you do or say to anyone other than your attorney may increase you exposure and remember no cell phones or internet communications are secure. The earlier you allow an attorney to take action, the better your outcome will be. As a general rule, as the process begins, law enforcement officers weed through all of their leads, selecting for investigation only those that appear the most promising and taking no action on the rest. As they investigate their most promising leads, law enforcement officers focus their energy and resources on the cases supported by the strongest evidence. Once an agent believes that an investigation has resulted in sufficient evidence to warrant the filing of a criminal charge, the officer will take that evidence to a prosecutor. The prosecutor will then make an independent assessment of the strength of the evidence and will determine whether a criminal case should be filed. At each stage of this process, some cases are weeded out and there may be many opportunities to avoid prosecution. An attorney can help you through this process and in some cases, may be able to help you to avoid being prosecuted at all.
2. Peveto, Andrew: If you have been arrested for an alcohol- related offense Texas law mandates that you act quickly. An alcohol-related conviction means serious implications for your future. A good defense is crucial.
3. Kirk Lecthenberger: The most important step an individual can take immediately following a driving under the influence (DUI) or driving while intoxicated (DWI) arrest is hiring an aggressive criminal defense attorney experienced in handling such cases. Defense attorney Kirk Lechtenberger frequently defends both DUI and DWI offenses, and has handled more than one hundred DUI/DWI cases. In Texas, DWI is defined as .08 blood alcohol concentration (BAC). There are certain things individuals should know about DUI or DWI cases that pertain specifically to Texas: 1. Texas law requires that a request for a hearing to keep a driver's license must be made within 15 days from the date of a DWI arrest. If the defendant fails to hire an attorney, and a hearing is not requested, the opportunity to fight the license suspension is waived. 2. A first-time DWI conviction is a class B misdemeanor, punishable by up to six months in jail and a $2,000.00 fine. 3. A second DWI conviction is a class A misdemeanor, punishable by up to a year in jail and a $4,000.00 fine. 4. A third DWI conviction is a third degree felony, punishable by up to 10 years in prison and a $10,000.00 fine. 5. In addition to criminal punishment, a DWI defendant in Texas may be subject to a driver's license suspension for failing or refusing an alcohol test, or for being convicted of the DWI offense. Kirk Lechtenberger has successfully represented many DWI defendants at administrative license revocation (ALR) hearings, enabling them to keep their driver's licenses. 6. Those accused of DWI have a right to a jury trial, and the prosecution must convince twelve jurors that the accused is guilty beyond a reasonable doubt. Kirk Lechtenberger has tried and won many DWI cases. Non-violent DWI - The most important step an individual can take immediately following a driving under the influence (DUI) or driving while intoxicated (DWI) arrest is hiring an aggressive criminal defense attorney experienced in handling such cases.
4. David Scoggins: # Breath/ Blood Test Refusal and Breath/ Blood Test Failure License Suspension Hearings (ALR) # License Suspension Hearings- habitual violator, DUI- minor, license restriction violations, etc.
5. Michael Smith: DWI: What is DWI? DWI means to drive or operate a motor vehicle on a public street or highway while not having the normal use of your mental or physical faculties by reason of the introduction of alcohol (or some other drug, or volatile chemical) into the body or having an alcohol concentration of .08 or greater. It is important to remember that DWI is unlike most other crimes because whether or not you are intoxicated is opinion. The opinion about whether you are intoxicated or not is usually a police officer who knows nothing about you. This officer will not know how tired you are, how you react to tests under stressful conditions, or whether there are medical reasons why you did not perform perfectly on sobriety tests administered to you. Opinions of police officers vary just as opinions of ordinary citizens. What can I expect a qualified attorney to do on my case? A qualified attorney should carefully examine the evidence in your case including the videotape (most DWI suspects are videotaped at roadside or at the station or both) so that you can make an intelligent decision about whether or not to take your case to trial. There are a myriad of issues in DWI cases which only a competent lawyer knowledgeable about DWI law and issues should handle. What can I expect the issues to be in my DWI trial? Generally speaking, the issue in most DWI trials is whether or not the State can prove beyond a reasonable doubt that you were intoxicated? In some cases, such as accident cases, there may be an issue as to whether or not the State can prove beyond a reasonable doubt that you were driving. Your lawyer, who should have a thorough working knowledge about standard field sobriety tests and how they are administered, should call into question the officers opinion that you were intoxicated. How does the State attempt to prove that I was intoxicated? The State will attempt to prove through the testimony of a police officer that you did not have the normal use of your mental and physical faculties and the reason is from the introduction of alcohol (or a drug, volatile chemical or combination there of) into the body. If you took a breath or blood test the State will also try to prove that you had an alcohol concentration of 0.08 or more. In the case of proving that you did not have the normal use of your mental and physical faculties, the State will call a police officer as a witness who will testify that it was his or her opinion that you were intoxicated. The officer will usually testify that the basis of his or her opinion was based on your performance on certain field sobriety tests administered to you at the scene. What are standard field sobriety tests? There are three (3) tests which the National Highway Traffic Safety Administration has certified as standard field sobriety tests. 1. HGN HGN stands for Horizontal Gaze Nystagmous. This is commonly referred to as the eye test by the ordinary citizen. The officer in that test is looking for an involuntary jerking or twitching of the eyeball. The theory is that the consumption of alcohol causes this involuntary jerking of the eyeball. Many officers trained to administer this test rely heavily on it. Officers attempt to portray this test as an objective test when in reality it is a subjective test. The so called "jerking of the eyeball" can be very subtle and, just like anything else, subject to interpretation. Furthermore, there are many other things that cause the eyeball to jerk or twitch. The consumption of everyday items such as caffine or nicotine can cause this condition. The physiology of the human eye is very complex and physicians train for years to specialize in the eye. Police officers take a course in HGN which takes a few hours to complete and in which no police officer ever fails. These officers are trained by other police officers and not by doctors or any other eye specialist. 2. The Walk and Turn Test the officer administering the walk and turn test to you is looking for a number of "clues" for intoxication from this test. The officer is looking for the following ten clues from this test: 1. Subject could NOT balance while listening to the instructions. 2. Subject started the test BEFORE being told to start. 3. Subject stops while walking to steady self. 4. Subject used arms to balance. 5. Subject did NOT touch heel to toe while performing the test. 6. Subject took incorrect number of steps. 7. Subject lost balance while turning or turned improperly. 8. Subject stepped off the line while walking. 9. Subject could NOT perform lest due to level of intoxication. 10. Subject REFUSED to perform the test. An experienced DWI Attorney can point out the inherent unfairness in this test. For instance, failing to put the heel to the toe counts as a complete fail for that one clue under the ten item checklist. Think about how unfair that is! Any reasonable person can see that one who fails to put the heel to the toe once should not be scored the same as one who fails to do so on every step. Another example is item # 1 where you start the test before being instructed to do so. The officer will usually tell you to stand with the heel of your right or left foot touching the toe of the other foot with your hands at your side. The officer will tell you not to start the test until instructed to do so and then demonstrate the test to you. Sometimes the citizen will take a practice go at it while the officer is demonstrating the test. Well, in your mind are you really starting the test or making a practice run? It does not matter to the officer, you have failed that item on the check list. Any reasonable person can see that it is not fair to penalize somebody for something you did not think you would be penalized for, such as taking a practice run at a test that you have probably never attempted in your life. Finally, there is nothing normal about standing or walking in this position even under the best of circumstances. It is actually abnormal for people to stand with one foot in front of the other with the heel touching the toe. The absurdity of this whole test is even more apparent when you are asked to do these things on the side of a busy highway or street under stressful conditions when most people are tired and on their way home to bed. 3. One Leg Stand The officer administering the one leg stand test is looking for the following six clues: 1. Subject sways while balancing. 2. Subject used arms for balance. 3. Subject was hopping while performing the test. 4. Subject put foot down _____ times during the test. 5. Subject could NOT perform test due to level of intoxication. 6. Subject REFUSED to perform the test. This test suffers from the same inherent problems as the walk and turn test. There is nothing normal about standing on one leg with the other leg in the air. The method of grading this test is flawed and unfair. The Breath Test Many people assume that the State would not use a machine to measure alcohol concentration that was not both reliable and accurate. However, this could not be further from the truth. First, the manufacturer of this machine does not warrant the machine to be fit for any particular purpose. Second, the manufacturer will not sell the machine to anybody but police agencies. The methodology and scientific principles of any program or machine should not be kept secret. In fact, this is completely contradictory to the principles of science. Legitimate science keeps nothing from public scrutiny to insure that its' theories are both sound and reliable.
6. Grossman Law Offices: When you are charged with a criminal offense you need quick and clear answers to your legal questions. You need to understand your legal rights and act accordingly to protect them. For this reason, it is important to seek the help of a qualified criminal defense lawyer, as quickly as possible.
7. Sindhu Stoval: If you are charged with a DWI (also known as DUI or drunk driving) offense in the Dallas-Fort Worth metroplex, your driverŐs license will be immediately suspended. You should know that you have only 15 days to file a challenge or you may lose your driving privileges indefinitely. How will you get to work, pay bills, and do the other necessary things to take care of yourself and your family?

   Texas DWI Law

   Unfortunately we probably all know someone that has been arrested for DWI. On any given Saturday night. the number of DWI arrests in Dallas alone is astronomical. This number continues to increase as law enforcement “targets” areas which contain a lot of bars and clubs such as Greenville Avenue and Uptown.

   Although a DWI is a Misdemeanor offense, Prosecutors often handle them as if they were a serious felony offense by refusing to negotiate a reasonable plea bargain. In addition the Texas Legislature has opted to “punish” those who are convicted of DWI by requiring payment of a “surcharge” each year to DPS to maintain your license. (This surcharge starts at $1000.00 per year for 3 years and can be increased under certain circumstances)

   If you live in Texas and are convicted of DWI, in addition to facing the criminal and financial consequences, you also face the possibility of losing your drivers license for a period of time.

   With so much to lose you need an experienced and aggressive lawyer who Is a specialist when it comes to successful DWI representation.
   DWI FAQ
   AM I REQUIRED TO TAKE FIELD SOBRIETY TESTS?
   ABSOLUTELY NOT! Thanks to our forefathers we have the fundamental right not to be forced to give evidence against ourselves. However, the officer is not required to tell you this and often times will not give you the option to refuse. Keep in mind that refusing to perform the tests will most likely get you arrested but at least there won’t be anything to use against you.

   DO I HAVE TO GIVE A BREATH/BLOOD SAMPLE?
   AGAIN- ABSOLUTELY NOT! However refusing to give a sample can result in the following penalties:

   A 180-day suspension of your drivers license if this is your first DWI arrest,
   The refusal can be used as evidence of guilt against you in trial
   
   WHAT HAPPENS IF I TAKE THE BREATH TEST AND FAIL?
   If you take the test and fail, you could face:
   A 90 day suspension of your drivers license if your driving record shows no prior alcohol related arrests
   The test result can be used against you as evidence of guilt in your trial
   
   HOW LONG DOES A DWI CONVICTION STAY ON MY RECORD?
   FOREVER! Which makes it extremely important to make sure you have an experienced DWI trial lawyer working for you. If you are found Not Guilty, you can have the arrest and DWI charge "expunged" from your record, which means there is literally no evidence it ever happened. Many employers will not hire someone with a DWI conviction so be choosy about who represents you.

   WILL A DWI CONVICTION AFFECT MY INSURANCE?
   A DWI conviction can cause your rates to skyrocket! On the other hand, your insurance company may drop you from coverage, forcing you to find new insurance.

   WHAT IS THE LEGAL DEFINITION OF INTOXICATION?
   The legal definition of intoxication in Texas is:
   • Not having the normal use of mental 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 substances into the body; OR
   • Not having the normal use of 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 substances into the body; OR
   • having an alcohol concentration of 0.08 or more.
   It is important to understand that the Prosecutor only needs to prove one of the three ways in order to obtain a conviction. Even though most people talk about "drunk driving" (i.e. friends don't let friends drive drunk), a person does not necessarily have to be drunk to be intoxicated.

   ALR-FAQ

   WHAT IS AN ALR HEARING AND WHY DO I NEED ONE?
   An ALR hearing (Administrative License Review) gives you the chance to prevent your driver’s license from being suspended. This hearing must be requested within 15 days of you arrest or it is waived and your license is automatically suspended. In addition to saving your license, the ALR hearing is a valuable tool for obtaining discovery about your DWI case and can help in getting your case reduced or dismissed.

   IF MY LICENSE IS SUSPENDED CAN I STILL DRIVE?
   NO! UNLESS YOU HAVE AN OCCUPATIONAL DRIVERS LICENSE (ODL). This license permits you to drive during a 12-hour period of time each day, and is subject to restrictions. Without the ODL, if you are caught driving you will be charged with “Driving While License Suspended" (DWLS) which is also a Class "B" Misdemeanor with a range of punishment from 3-180 days in jail and/or $100-$500 fine for each violation.

   ADDITIONAL BENEFITS OF THE ALR HEARING

   If you have your DWI trial before the ALR and you are found Not Guilty, your license will not be suspended. If you lose the ALR and your license is suspended, and you are found Not Guilty in your DWI trial, you can have your driving privilege immediately reinstated and the suspension removed from your driving record, no matter how long the suspension period.

   WHAT ARE THE PENALTIES FOR DWI?

   A DWI, can either be a misdemeanor or a felony depending on the number of prior convictions a person has and when those convictions occurred.
   Generally:

   1st offense:  (Class B Misdemeanor) 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 possible driver’s license suspension of 90 to 365 days.
   
   DWI with an open alcohol container (1st offense): In addition to the penalty referenced above you face a minimum 6 days in jail

   2nd offense: (Class A Misdemeanor) the maximum fine increases to $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.

   3rd offense:  (3rd Degree Felony) A conviction carries a punishment range of 2-10 years imprisonment and an optional fine up to $10,000.00 and possible suspension of your driver’s license ranging from 180 days up to 2 years

   Felony DWI offenses involving accidents:
   Intoxication Assault: (3rd Degree Felony) A conviction carries a punishment range of 2-10 years imprisonment and an optional fine up to $10,000.
   
   Intoxication Manslaughter: (2nd Degree Felony) A conviction carries a punishment range of 2-20 years imprisonment and an optional fine up to $10,000.

   Probation may be an option in some or all of these cases depending on your eligibility and the facts of the case. However, probation can be very demanding as well as expensive.
   Return to Texas DWI Lawyers