Dallas DWI Lawyers

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Dallas DWI Lawyers

Beltz Law Firm: Points system The Driver Responsibility law (TRC ¤708; Article 10, House Bill 3588, 78th Legislative Session) establishes a system which assigns points to moving violations classified as Class C misdemeanors and applies surcharges to offenders, based upon the type of offense and the time period in which the citation was received. For each conviction, DPS will assign points to a person's driver license as follows: * Two points for a moving violation (defined by 37 TEX. ADMIN. CODE ¤15.89) conviction in Texas or that of another state. * Points will not be assigned for speeding less than 10% over the posted limit or for seat belt convictions. * Three points for a moving violation conviction in Texas that resulted in a vehicle crash. * Effective September 1, 2005, Child Safety Seat Violations will accrue two points. Points accrued remain on the driver record for a period of three years from conviction date. An offense committed prior to September 1, 2003 will not apply to the assessment of points under the program. Points surcharges DPS will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The driver must pay a $100 surcharge for the first six points and $25 for each additional point. Annual surcharges for certain convictions Drivers who receive a conviction for any of the following offenses that occur on or after September 1, 2003 are required to pay an annual surcharge for three years from the date of conviction. * Driving While Intoxicated (DWI), or a DWI-related offense ĄFirst Conviction - $1,000 annual surcharge ĄSecond Conviction - $1,500 annual surcharge ĄAny Conviction with a BAC of .16 or greater - $2,000 annual surcharge * Failure to Maintain Financial Responsibility Ą$250 annual surcharge * Driving While License Invalid Ą$250 annual surcharge * Driving without a Valid License (i.e.; No Driver License, No Commercial Driver License, No Endorsement Violation, No Motorcycle License, Operate with License for other Class Vehicle). Ą$100 annual surcharge Surcharges are automatically assessed for these convictions and do not accrue points. All surcharges assessed for this program are in addition to all other reinstatement fees required for other administrative actions and do not replace any administrative suspension, revocation, disqualification or cancellation action that results from these same convictions. Driver notification of surcharge and driver license suspension The offending driver will be notified by mail to the address on record with DPS of the assessment of a surcharge on their driver license.
Ward Maedgen:

Evaluating A Texas Drunk Driving DWI Case and the Deciding Factors.

Police Reports:

The police report is only the officer's interpretation.

Were you properly read your Miranda warnings?

Did the police officer stop you for a valid reason?

Were any statements made by you coerced, taken out of context, or misinterpreted?

Important:

The Intoxilyzer 5000 assumes that everyone has the same blood breath partition ratio, hematocrit ratio and assumes that all samples are at an air temperature of 93.2 F. Texas DWI Law does not utilize any methods which would allow for a retest of samples given. The computer software is proprietary and is not available to scientific peer review. There are many things which have been shown to affect a breath test score. Texas does not allow for non-law enforcement or government personnel to become certified as breath test technical operators. Much of the Texas breath program remains limited to outsiders despite a generally assumed belief that these machines have undergone and passed wide general scientific review.

Field Sobriety Tests:

Police make arrests on the basis of probable cause. This is not the same thing as "beyond reasonable doubt." It is not a police officer's job to determine if someone is guilty. Many police offers choose to arrest on the basis of caution.

There is much technical training for a police officer in the field of Texas DWI Law. There is no law in Texas which states they must keep up their training on a yearly or any other type of basis with respect to standardized field sobriety training. Many police officers do not make any form of notes on the side of the road with respect to numerous details. Most police officers do not include mitigating or exculpatory information in their reports, mainly negative observations.

Where there distractions during the testing? Were you nervous or tired during the testing?

If there was a video taping of the event, does it accurately depict your true state of sobriety at the time, or was it unfairly effected by perhaps traffic, poor lighting, noise, or lack of sound.

What is your true balance and coordination?

Do you have any physical disabilities that can cause false results?

It is important to note that the law provides for intoxication by the introduction of any intoxicating substance into the body. This is designed to make our roadways safe from dangerous drivers. Typically, proof at trial is restricted to alcohol unless some statements or other indications suggest that the driver has become impaired by some other substance. It is important to note that being on prescription drugs is not a defense to a DWI criminal prosecution. If the label suggests that ingestion will impair ones ability to operate a motor vehicle or machinery, taking such medicine and driving may subject you to DWI arrest and conviction. At trial, the State therefore may prove intoxication in three (3) different ways:

- not having the normal use of physical faculties OR
- not having the normal use of mental faculties OR
- having an alcohol concentration of 0.08 or more.

The jury does not have to be unanimous on the manner and means of intoxication, only that the person was intoxicated. It is also important to note that intoxication must occur and be proven to occur while driving.

Many other States provide for prosecution of a "lesser included" offense other than Texas DWI (i.e. reckless driving, impaired driving, driving under the influence, etc.). Texas however has no lesser included offense of DWI. Some counties offer plea bargain agreements to other charges than Texas DWI, but they are the exception and not the rule. The Law office of Ward Maedgen will aggressively fight for the best result inside and outside the courtroom.

Classifications & Range of Punishment for DWI Conviction

DWI, 1st Offense: Class B Misdemeanor.

Fine: A fine not to exceed $2,000.00.

Jail: Confinement in the County Jail for a term of not less than 72 hours nor more than six (6) months.

Open Container: If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail.

Community Service: Texas law mandates that a judge order not less than 24 hours nor more than 100 hours.

Absent unusual facts, most persons convicted of a first offense DWI are granted community supervision ("probation") of any confinement ordered. The general length of DWI probation is from 1-2 years. There are also conditions of community supervision ordered that are fairly standard in most courts. Typical conditions imposed are:

Drug/Alcohol Evaluation: A person convicted of DWI will be required to submit to evaluation for probability of committing DWI in the future and/or to disclose a potential problem with alcohol or drug abuse. If a problem is detected, additional terms and conditions of probation are ordered to be administered through the Community Supervision Department.

Attend and complete an approved DWI Education class within 180 days from the date of conviction (Satisfying this requirement will avoid the one (1) year drivers license suspension, unless if you were a minor (under 21) at the time of the offense.)

Attend and complete a Victim Impact Panel. This is a forum that presents victims of drunk drivers to address persons convicted of DWI and warn of the dangers and perils of driving while intoxicated.

Work faithfully at suitable employment, commit no other crimes, remain at the same residence and employment unless notification is given to the community supervision officer, report monthly to the supervision office, pay all fines and costs in a timely manner.

Pay a monthly supervisory fee (approximately $40.00 in Dallas, Collin, Denton, and surrounding counties)

Perform a specified hours of community or volunteer service NOTE: If convicted, you will be given an Order Granting Probation. This Order will be specific and unique to your case and fully sets forth the terms and conditions of your probation which apply to you. It is the blueprint for your probation.

Additional Conditions of Probation that may be Ordered:

If your case presents unusual facts (accident, alcohol problem, prior alcohol contacts, bad driving record etc.), additional conditions may be ordered. Most conditions are designed to address a problem that appears from the facts or alcohol/drug evaluation that is performed on the subject after conviction. Again, a specific order is given after each conviction. The following list is only a general discussion of conditions that have been imposed in some DWI cases in my experience and may not apply to you.

Deep lung air device: Some courts (Dallas, Collin, Denton, Tarrant) often request this condition for all subsequent offense DWI probations. This provision requires that you install and maintain a device on any car which you intend to drive during probation. The device requires a breath sample before it will allow your car to start. Some devices require periodic breaths while driving. This condition is sometimes recommended after an unfavorable drug/alcohol evaluation during a first-offense probation, and is almost always ordered as a condition of bond on a subsequent offense arrest.

Alcohol Treatment: Attendance at AA or other counseling programs offered through the probation department. In extreme cases outpatient programs may be ordered. This condition is recommended after an unfavorable drug/alcohol evaluation.

Consume no alcohol: Many courts require that a person not consume any alcohol during probation. This provision may be monitored by periodic and random urinalysis at the probation office. Some courts will not even allow a probationer to enter a bar, tavern or lounge where alcohol is sold and consumed.

Confinement: Again, in some extreme circumstances, the Court may order that a DWI offender serve confinement in the county jail as a condition of being granted probation.

Restitution: If there was an accident followed by a DWI arrest, and if your insurance company has not paid damages to the other party, restitution of any unpaid amounts will be ordered by the Court as a condition of probation.

Enhanced Penalties: (Prior alcohol or drug related criminal history) Under Texas law, if it is shown that a person has been previously convicted of DWI, the punishment and penalties after conviction are increased or enhanced. The prior DWI conviction must have occurred within ten (10) years of the present arrest for DWI. Additionally, if a person has any prior DWI conviction within the previous ten year period (measured from dates of arrest), the State is then allowed to use any prior DWI conviction since obtaining a drivers license to enhance the accusation to a DWI, third offense. NOTE: Texas can use prior convictions that have occurred in other states for enhancement of punishment.

DWI, Second Offense: Class A Misdemeanor

Special Condition for Jail Release on Bond: It is important to note that if arrested and accused of a Texas DWI Second or greater offense, Texas law now requires the Court to Order as a CONDITION OF RELEASE FROM JAIL ON BOND, that the person install and maintain a deep lung air device on the car that the person intends to drive and operate while charges are pending. The device requires a breath sample before it will allow you to start your car. They also require periodic breaths while driving to monitor and insure sobriety. New technology has made these devices "user sensitive" so that someone else cannot blow into the device for the driver. Although this provision seems to run afoul of the presumption of innocence, Texas Courts have consistently held that such condition is necessary to protect a legitimate governmental interest in making public roadways safe for the motoring public.

Fine: A fine not to exceed $4,000.00.

Jail: Confinement in the County Jail for a term of
not less than 72 hours nor more than one (1) year.

Community Service: Texas law mandates that a judge order not less than 80 hours nor more than 200 hours.

Deep lung air device: Typically deep lung devices are required for all DWI second offenders during probation.

Suspension of license: A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.

DWI, Third Offense (or greater): Third degree FELONY

Fine: A fine not to exceed $10,000.00.

Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 years nor more than ten (10) years.

Deep lung air device: Deep lung air devices are generally ordered on all persons convicted of three or more DWI's both as conditions of bond and as conditions of any occupational or provisional licenses that may be awarded after conviction.

Community Service: Texas law mandates that a judge order not less than 160 hours nor more than 600 hours.

Suspension of license: A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.

Other: A third conviction for DWI indicates a significant problem with alcohol to the Court or jury assessing punishment. Some type of rehabilitative treatment is therefore mandated in punishment if confinement in the penitentiary is to be avoided. In some cases an in-patient, incarceration program (Substance Abuse Felony Probation SAFP) is ordered. This program requires confinement in a State Facility for alcohol rehabilitation. After successful completion of the SAFP program, the person is then released and placed on probation for a term not to exceed ten (10) years.

Another popular condition for habitual DWI offenders is a prescription for a drug named "Antabuse". This drug will make a person violently ill if any alcohol is consumed. The alcohol can be contained in mouthwash or marinated food and will still have the same effect on the user. If a person has any type of liver problems, this drug can cause liver failure and death.

Texas law does not provide for any increased punishment after DWI, third offense. If a person presents a DWI, fourth offense or beyond, the typical punishment is confinement in the penitentiary from two (2) to ten (10) years without probation being granted. In some cases SAFP may be granted upon proper request and showing that it is appropriate.

Intoxication Assault: Third degree Felony

"A person commits an offense if the person, by accident or mistake, while operating a .... motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another" {Texas Penal Code ¤49.07}.

" 'Serious Bodily Injury' means injury that creates a substantial risk of death or protracted loss or impairment of the function of any bodily member or organ".

Fine: A fine not to exceed $10,000.00.

Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than ten (10) years.

Community Service: Texas law mandates that a judge order not less than 160 hours nor more than 600 hours.

Intoxication Manslaughter: Second Degree Felony

"A person commits an offense if the person:
1)...operates a motor vehicle in a public place, and...
2)...is intoxicated and by reason of that intoxication causes the death of another by accident or mistake."

Fine: A fine not to exceed $10,000.00.

Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than twenty (20) years.

Community Service: Texas law mandates that a judge order not less than 240 hours nor more than 800 hours.

NOTE: If a person is involved in an accident where there is risk of death or death, a mandatory blood sample will be taken for analysis and use in the prosecution of either Intoxication Assault or Intoxication Manslaughter.
Gene Beatty: DWI! Now What? Ę First: WARNINGĘ- You have only 15 days from the date of your arrest to request a hearing and avoid automatic revocation of your license. ĘDO NOT MISS THIS DEADLINE!ĘĘTo help, the firm offers the following: Ą ĘĘĘ FREE Initial Consultation to help you get your bearings and begin to make important decisions. Ą ĘĘĘĘĘĘĘ FREE ALR Form Ę- To request the hearing to avoid license revocation.Ę ACT TODAY to protect yourself!Ę Next:Ę Do not assume all is lost. You may feel powerless.Ę You're not.Ę Take control. Know your rights. It may seem like the prosecution holds all the cards. They don't. Ę No question about it! You're faced with a challenge that will affect the rest of your life. You must take this seriously; so let me give you a glimpse of what's at stake here. You may lose your licenseĘ- your insurance could go up or be cancelled - you could even go to jail. Plus it doesn't end there. A conviction is something that could haunt you for many years to come, even hurting you when you apply for a job. This is not a situation to be taken lightly. This is no ordinary traffic ticket! This is a full-blown accusation of driving while impaired. Getting arrested for drunk driving can have serious repercussions including a potential jail sentence of up to two years, probation feesĘand hefty fines. Ę DWI/DUI is a hot topic. It is a politically sensitive crime. Our judges and the legislature are listening to interest groups who are pushing for tougher DWI/DUI laws. This is required to get reelected! Mothers Against Drunk Driving (MADD) has been a driving force in the all Texas judicial elections for tougher DWI law enforcement.ĘThe choices you make about this DWI can have lifetime consequences for you and your family.Ę The issues that win cases are not always known in the beginning. They require investigation and we know what to look for. The following information has been gathered to assist you in getting your bearings and taking action today.
The Wright Law Firm : Drunk Driving/DUI - An Overview The crime of drunk driving is also known as "driving under the influence," or DUI, and "driving while intoxicated," or DWI. In some states, the crime may be known as "operating while intoxicated, or OWI, or "operating under the influence," or OUI. The names vary according to how state law refers to or defines the crime. Whatever the name, the state laws all have a common aim of punishing those who drink and drive, or those who drive while under the influence of illegal drugs. A drunk driving conviction carries with it serious and long-lasting consequences: jail or prison time, a heavy fine, and suspension or revocation of a driver's license. A person who is facing a drunk driving charge should not hesitate to seek immediate legal counsel from an experienced drunk driving defense attorney.
Patrick McClain: Criminal law is the body of law that relates to so-called "public wrongs." Criminal law does not concern itself with disputes between individuals, but relates to offenses against the public order. The federal government, along with cities and states, define and prosecute people who commit crimes that range from minor traffic violations, to serious, violent offenses, like rape or murder. People who are charged with a crime are called defendants, and they are represented by criminal defense attorneys. The governmental body that pursues the charges against the defendant is represented by a lawyer called a prosecutor. If you find yourself charged with a crime, you need the legal counsel of an experienced criminal defense attorney, to protect your rights now, and in the future.
Coleen Dunbar: You should consult an attorney for individual advice regarding your own situation.
J. R. Fletcher:
It is not illegal to consumer alcoholic beverages and then drive a car, as long as you do not reach the level of intoxication. Without a breath test failure, DWI (driving while intoxicated) is an OPINION crime. When the officer is conducting his road side investigation, he forms his opinion and makes the DWI/DUI arrest based on probable cause. It is very important to realize that the standard the jury will use is much, much higher. The jury cannot convict you for DWI/DUI unless each and every member is convinced that you were intoxicated beyond all reasonable doubt.
The law states that a person is intoxicated if he or she has lost the normal use of his/her physical or mental faculties or has a blood alcohol level of 0.08 or greater.
In order to render an opinion as to intoxication, the officer gives the citizen a battery of sobriety tests. In my opinion, the standardized field sobriety test used by the Dallas Police Department and other agencies is not designed to test the normal use of ones’ physical or mental faculties, but designed to make you FAIL.
Officers put in their DWI reports and testify all the time that the defendant performed poorly on the Standardized Field Sobriety Tests, when in fact he/she simply didn’t achieve perfection.
Maybe your performance was enough for an officer to render probable cause to make a DWI/DUI arrest but NOT enough for a jury to be convinced beyond all reasonable doubt. Juries come back with not guilty verdicts in DWI cases every day. This firm believes in the power of reasonable doubt, and we will not roll over for the D.A. just because you didn’t look like a statue or athlete during your field sobriety test.
ALR – driver’s license suspension hearing

You have 15 days to request a driver’s license suspension hearing. Separate and apart from the criminal case is a civil case initiated by the Texas Department of Public Safety v. You. DPS is coming after your driver’s license. The ALR-driver’s license suspension hearing is very winnable, mostly on “technicalities” and mistakes by the police. Our firm knows, thoroughly, the DPS policies and procedures, and we know how to win these cases, and we take great pride winning them.
DWI and DUI Defense
1. 1^st, 2^nd, and 3^rd offenses
2. Illegal stops
3. Probable cause defense
4. Illegal search and seizure
5. Reckless driving
6. ALR hearings
7. Drivers license revocation
8. Drivers license suspension
9. Occupational drivers license
10. Intoxicated minor present
11. Refusal to submit to sobriety test
12. Video tape defense
13. Field sobriety test challenges
John Boyle:
You have been arrested for Driving While Intoxicated, what do you do now?
In most cases you have been pulled over by the police for some minor traffic violation. The police officer contacts you and he observes some signs which he believes indicate intoxication. He performs some field sobriety tests and then decides to arrest you. You believe you passed the tests.
Your case will be filed with the local District Attorney's office. You will have a court date in several weeks facing a DWI charge.
In most counties you will receive a first appearance date. This date can be from three weeks to several months after the arrest. On this setting you appear in court and review the case and usually reset the case for another date. You may reset the case one or more times but eventually you will have to decide to either contest the charge and set the case for trial or agree to a plea bargain.
It is important to contact an attorney right away. There is evidence that can be lost if you wait several weeks or months. In some counties the attorney can make the initial appearance for you and prevent you form missing work.
An experienced attorney can review the evidence and point out the strengths and weakness of the case against you to help you make the right decision.
You also have the Administrative License Revocation (ALR) process to be concerned with and you need to decide if you want a hearing to contest that license revocation or obtain an occupational license in the alternative.
What is DWI?
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 or "drunk driving."
What is the legal definition of intoxication?
The legal definition of intoxication inTexas is:
1. Having an alcohol concentration of 0.08 or more
2. 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
3. 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
The State only needs to prove one of the three ways beyond a reasonable doubt in order to obtain a conviction.
What does 'normal' mean?
According to the law, the definition of the word normal is the average person. The problem is how do we determine the average person? The law is vague in this subject, which lends itself for good argument to a jury that everyone is different and each has his own normal.
What is 0.08-alcohol concentration?
"Alcohol concentration" is defined by statute as:
1. the number of grams of alcohol per 100 milliliters of blood;
2. the number of grams of alcohol per 210 liters of breath; or
3. the number of grams of alcohol per 67 milliliters of urine.
If I had one or two drinks does that mean I am guilty?
No, that may be a factor in your arrest. In Texas you can have a drink and drive. You cannot and should not drive if those drinks affect your normal mental and physical fatalities.
The police officer has to make a judgment call in the field. He also has a lower burden in the field to make an arrest than that required of a jury to make a finding of guilt. The police officer only needs to make an arrest if he has probable cause to believe you are intoxicated.
A jury can only find you guilty if they believe the State has proven your guilt beyond a reasonable doubt.
There is a difference between the two burdens.
The police officer may look for a few clues to obtain probable cause; he only looks for those few clues.
There are often numerous signs showing that you were not intoxicated that when you correctly point them out to a jury will lead to an acquittal.
A 0.02 equals one drink. A drink is 1-1/4 ounces of liquor, 1 12oz beer, or 1 glass of wine. It takes one hour for the body to burn off a 0.02 down to a 0.00. Thus, to reach a 0.08 a person must consume four drinks in one hour.
The Officer determined I failed the field tests, are field sobriety tests very accurate?
If performed in a controlled environment in the exact proscribed standardized manner, the tests can be a likely indicator of intoxication. This is hardly done in the street.
The research conducted by the National Highway Traffic Safety Administration, the designers of the tests, concluded the Horizontal Gaze Nystagmus is 77% accurate, the Walk & Turn is 68% accurate, and the One Leg Stand is 65% accurate only when administered in the prescribed, standardized manner. Any change from the standardized manner will compromise the tests validity and make any result inaccurate. When not conducted properly it becomes an opinion test of the officer.
Therefore, these tests will inaccurately claim 23%-35% of the people tested as intoxicated. Which when done incorrectly, which is the norm, can drop the accuracy to a frightening level.
Often there is a video tape of your arrest or the field test which may contradict the officer's opinion and lead to an acquittal
What can affect my performance on field sobriety tests?
There are several factors that affect the results of your tests, such as:
1. Age
2. Being ill
3. The distraction of traffic
4. The police cars strobe lights
5. Fatigued
6. Footwear
7. Lack of coordination
8. Gusts of wind
9. Weight
10. Road or sidewalk conditions
11. Allergies
12. Scared
13. Head lights of traffic
14. Weather conditions
15. Being nervousness
16. Back problems
17. Leg or knee problems
18. Inner ear disorders
How long will a DWI arrest stay on my record?
If you are convicted of the DWI, it will be on your record for life. Furthermore, a DWI conviction can be used for ten years to enhance your punishment of you are arrested for DWI again. If you are found Not Guilty, you can have the arrest and DWI charge "expunged" from your record.
Am I going to jail?
In most cases the District attorney's office will not recommend jail time but will recommend probation. Probation is up to 24 months on misdemeanor DWI offenses and will include community service, DWI educations courses, fine and court cost plus other conditions the judge feels is appropriate.
As long as you do not violate your probation you do not spend time in jail.
DWI 2nd offenses and DWI 3rd offense require some mandatory ail time as a condition of probation.
Do I have to have an interlock device on my vehicle?
The judge may order an interlock device on your vehicle in some DWI 1st
A interlock is mandatory in DWI 2nd offense and DWI 3rd offenses.<
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