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.
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