Dallas DWI Lawyers
- January, Jason:
Criminal Representation
- DeLoney Law Group:
DWI penalties can affect many parts of your life
Texas DWI penalties are severe. For a first offense, you may face the following:
* Minimum of 72 hours in prison
* Maximum fine of $2,000.00
* "Surcharge" of $1,000.00 for three years
* Driver's license suspension
* Mandatory attendance at DWI education classes
- Read, John:
Criminal Defense
* Felony Criminal Defense
* Murder and Homicide
* Drug Cases
* Federal Cases
* Aggravated Sexual Assault
* Aggravated Assault
* Aggravated Robbery
- Jackson Law Firm:
* DWI and other alcohol-related offenses
* Drug charges, including drug possession and sale
* White collar crime charges, such as fraud, embezzlement and money laundering
* Theft charges, from shoplifting to auto theft
* Violent crime charges, including armed robbery and aggravated assault
* Sex crime cases, from rape to child pornography
* Capital offenses, such as murder
- Robert Kraft:
A serious criminal charge requires a serious criminal lawyer.
- John Gussio:
Drunk Driving Defense - the "right to drive" is a privilege which is
governed by the individual states. Traffic violations are a mix of
regulatory and penal (criminal) offenses based on violations of state
statutes and city ordinances relating to the operation of vehicles,
specifically driving under the influence of alcohol or other substances
that impair the ability to drive.
- Hank Judin:
"Alcohol concentration" is defined by the statute as: the number of
grams of alcohol per 100 milliliters of blood; the number of grams of
alcohol per 210 liters of breath; or, the number of grams of alcohol
per 67 milliliters of urine. If you've been drinking, you will probably
not be able to determine if you have an alcohol concentration of .08 or
more. Furthermore, it is worth knowing that the amount of alcohol in
each of the above statutorily defined concentrations is not equal, and
can therefore result in a person being innocent according to one
concentration but guilty according to another. Moreover, under the two
statutory definitions of intoxication, it is also possible for a person
to be innocent of being intoxicated because there is no loss of either
normal mental or physical faculties but still be guilty of being
intoxicated via .08. The opposite can also be true.
- David Pire:
Traffic violations can have serious criminal consequences, particularly
when a driver is accused of driving under the influence. A conviction
on DUI or DWI charges may result in fines, the revocation or suspension
of your driver's license, and possible jail time. In addition, your
insurance company may increase your rates to an unmanageable level. In
defending against an impaired driving charge, you have many rights,
including the right to cross-examine the witnesses against you, even if
they are police officers. An experienced defense attorney can make all
the difference in such a difficult case.
- Scott Palmer:
If you are detained under suspicion of DWI, you will be questioned on
the roadside about your recent alcohol consumption. The officer may
request that you perform sobriety tests and submit to a breath test.
You have the right to refuse these tests, although that refusal may
later be used as evidence of your guilt. If the law enforcement officer
has reason to believe that you are guilty of an offense, he or she can
arrest you. Typically, you will be handcuffed and transported to a
jail.
- Ronald Goranson:
Punishment for drunk driving has become increasingly severe in the past twenty
years. In earlier days, people convicted of drunk driving often faced little
real punishment if they had not injured anyone or destroyed any property.
However, modern laws typically provide for significant jail or prison time and
large fines for all offenders. First-time offenders may be given a "break",
such as a suspended sentence conditioned on treatment for substance abuse or
attendance at drunk-driving school. The penalty for second or subsequent
offenses, however, often includes mandatory minimum jail or prison sentences
that cannot be suspended or waived, and stiff fines. The punishment also
usually includes revocation of driving privileges for a certain period of time,
but it is important to note that the most severe restrictions on the offenders'
driving privileges usually come from the state's administrative regulations,
which are not considered part of the criminal sentence. In fact, many
defendants have unsuccessfully attempted to argue that a suspension or
revocation of their drivers' licenses by the administrative agency in addition
to the criminal sentence is double punishment that is barred by the double
jeopardy clause of the Constitution.
- Thayer Williamson:
DUI, DWI, and driving while intoxicated charges are not unbeatable. They are,
essentially, Ňopinion crimes.Ó That is, it is the mere opinion of the police
officer that you have been driving while intoxicated. These charges can be
defeated, but it takes an experienced, energetic criminal defense attorney to
do it. If you are employed and are being prosecuted for DUI or DWI, you may
want to know about the occupational driverŐs license.
- Milner & Finn:
DWI litigation is one of the most complex areas of criminal law. Developing DWI
expertise requires extensive knowledge of the law and procedure surrounding DWI
litigation. Further, there is no substitute for DWI trial experience.
- Jack Pettit:
DWI's have additional aspects regarding drivers licenses. If you failed or
refused a breath or blood test the state will attempt to suspend your drivers
license. A request for a hearing must be made within 15 days of the arrest or
the suspension is automatic and effective 40 days from the arrest date.
- Micheal Lowe:
Today, the penalties for driving drunk in Texas have never been more
severe. For example, DWI (driving while intoxicated) is the only
misdemeanor criminal offense for which you cannot receive deferred
adjudication under Texas law.
Moreover, new state laws require that if your Texas driverŐs license is
suspended for a driving drunk conviction (DWI), you will be required to
pay a minimum of $1,000 per year for three years just to keep your
license. ThatŐs $3000 in fines added to the sometimes overwhelming
financial and personal consequences of losing your driverŐs license on a
drunk driving (DWI) charge.
- John Corn:
If you have been arrested for DWI your Drivers License and or Privilege may be
at risk. For a 1st time DWI your Drivers License will be suspended for 90 days
if you took and failed the breath or blood test. Failure in Texas is defined by
.08 or more. If you refused to take the test your drivers license or privilege
may be suspended for 180 days. YOU HAVE 15 DAYS TO REQUEST A HEARING . If you
fail to request a hearing within 15 days of your arrest you are barred from
requesting a hearing and your license or privilege will be suspended 40 days
from the date of your arrest. However, if you request a hearing within the 15
days then your license or privilege may not be suspended until an
Administrative Law Judge rules on the hearing.
- Martin Rubin:
To preserve your right to drive in Texas, you must request a hearing within 15
days of when you were served with a Notice of Suspension. This date is usually
the date of arrest, but if you took the blood test, it is the date when you
receive the notice of failure of the blood test. The later notice shall be sent
to you at the address on your driver's license. If you timely requested a
hearing to contest your driver's license suspension, you will be able to
continue driving until the hearing. If your license is suspended at the
hearing, you cannot drive after the hearing unless you have an occupational
driver's license.
- David Finn:
A person need not be drunk to be "intoxicated" but a person who is drunk must
be intoxicated. "Intoxicated" is defined by the DWI statute in two ways. First,
a person is "intoxicated" when she drives and, when, through the use of an
alcoholic beverage, drug, controlled substance, or any combination thereof, has
lost the "normal" use of either her "mental" or "physical"
faculties. Second, a person is "intoxicated" when she drives and has an alcohol
concentration of .08 or more in her body. It is important
to realize that .08 an hour after the arrest does not
necessarily mean that the person was at/above .08 when he
or she was actually driving. This is particularly true if
the driver's last drink was immediately prior to the time that she was stopped
by the police.
- Louis Gastworth:
If you are charged with drunk driving or driving after suspension, the lawyer
you choose will make a difference in the outcome of your case. Your best
defense is to hire an experienced attorney.
- Michael Price:
Texas is one of many states to have an implied consent law. This law states
that each person who has applied for and been granted a license to operate a
motor vehicle on a public roadway has impliedly consented to providing a
specimen of breath or blood if arrested for DWI and provided with the
applicable consequences of refusal to submit to testing (Texas Transportation
Code 724). Texas appellate courts have also held that an individual does not
have the right to consult with an attorney before making the decision to refuse
or provide a requested specimen. If there was an accident which produced
serious life-threatening injury or possibility of death, a citizen can be
compelled to provide the requested sample.
- Malcolm Dade:
An allegation of operating a motor vehicle under the influence of alcohol,
drugs or other intoxicants is a serious matter. Fines, suspension of driving
privileges and the possibility of incarceration can raise your insurance rates,
hurt your family and impact your job.
- Arch McColl:
Q. If I am arrested for a DWI/DUI, should I take either a breath or blood test?
A. No. You are providing evidence for the government. The testing techniques
are fallible. You create unnecessary work for us, as your lawyers, to prove the
fallibility of those tests before a jury. Why increase the amount of evidence
against you?
- Tyson Law Firm: DWI / DUI: Even people who donŐt normally
exhibit criminal behavior can make a mistake when theyŐve had one too
many drinks. A DWI charge can result in a revoked license, substantial
fines, and even jail time. Even though this is a commonly charged
crime, it can often be complex to defend. You should hire an attorney
who is familiar with the laws governing blood alcohol content,
breathalyzer and field sobriety tests.
- Darrin Berlof:
There is an old saying: "a person who represents himself in court has a fool
for a client". Yes, you can represent yourself in court. However, you will be
expected to know and adhere to the same rules of law, evidence, and procedure
that attorneys spend years learning in law school, and perfecting in the
courtroom. If you are being prosecuted for a criminal offense or a traffic
ticket, the prosecuting attorney will, due to his or her training and
experience, have a tremendous advantage over you. Acting as your own attorney
can have disasterous consequences (jail time, probation, hefty fines, court
costs, permanent loss of civil liberties, permanent criminal record, etc.) that
might otherwise have been avoided or minimized had you simply hired a lawyer.
- Gioffredi & Associates:
IN TEXAS, THE PROSECUTING ATTORNEY MUST PROVE EIGHT FACTUAL ISSUES BEYOND A
REASONABLE DOUBT IN ORDER TO CONVICT A PERSON OF DWI. USUALLY THESE ISSUES MUST
BE PROVEN BY TESTIMONY IN COURT BY AN EYE WITNESS (NORMALLY ONE OR MORE POLICE
OFFICERS) TO EACH FACT.
- Broden & Mickelsen
Once arrested, you will be asked to give a breath specimen and may be asked to
preform additional "tests." It is our advice that you tell the officer that you
refuse to submit a breath specimen or take additional tests unless you are
allowed to consult with an attorney. Again, you have no right to consult with
an attorney before giving a breath specimen, however, you cannot be forced to
give a breath specimen. The machine that takes breath specimens is not
infallible. Also, if you have reached this stage, it is definitely possible
that you are under the influence of alcohol. By providing a breath specimen
and/or doing additional tests, you are simply giving the police evidence that
will be used against you.
- E. N. Jackson:
DWI/DUI is a hot topic. It is a politically sensitive crime. Our judges and the
legislature must listen to those interest groups who are pushing for tougher
DWI/DUI laws. That is, if they want to get reelected - they do. Specifically,
Mothers Against Drunk Driving (MADD) have been a driving force in the
legislature in recent years on both the state and national level for tougher
DWI law. For example, a plea of Deferred Adjudication is not an option in DWI
cases.
- Jerry Melton:
"As part of his duty to serve and protect a police officer may stop and assist
an individual whom a reasonable person -given the totality of the
circumstances‹would believe is in need of help." "The following factors [FN5]
are relevant to said determination [whether officer acted reasonably]:
1.The nature and level of the distress exhibited by the individual; 2.the
location of the individual; 3.whether or not the individual was alone and/or
had access to assistance independent of that offered by the officer; 4.to what
extent the individual‹if not assisted‹presented a danger to himself or others."
5."In certain instances, other factors may also be relevant in the determining
whether the officer acted reasonably." Wrivht v. State. 7 S.W.Sd 148
(Tex.Cr.App. 1999). No distinction is drawn between the welfare of passengers
as opposed to drivers. (Here the stop was made because the officer observed a
passenger leaning out of an open rear window vomiting.)
- Michael J. Murray:
If you refuse or fail the breath or blood test your driver's license will be
suspended[90 days for a refusal and 60 days for a failure]. BUT, you have 15
days from the failure or refusal date(usually the day of arrest for breath
tests and later for blood tests) to request a hearing at which you can contest
the suspension. I can request, schedule and represent you at this hearing, you
need not be present. If you win the hearing your license will not be suspended.
- Randall Isenberg:
A Driving While Intoxicated (DWI) conviction is permanent and for life and can
cost thousands of dollars in fines and insurance increases. The chance of you
being found NOT GUILTY may be better than you think. A breath test score of .08
or higher DOES NOT MEAN YOU WILL BE CONVICTED. I have successfully won cases in
which defendants' breath and blood alcohol scores were, .27 BAC, .23 BAC, .22
BAC, .21 BAC and .20 BAC and many cases in which blood alcohol level tests were
over .10.
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