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Dallas DWI Lawyers

1. Ceder, Carl: What Do I Do If Pulled Over? * REMAIN SILENT! You are likely being videotaped and recorded. As such, most officers will likely try and illicit incriminating statements to use as evidence against you. It is best to say as little as possible to avoid any information which could be skewed in the state's favor and used against you in the later proceedings. * BE POLITE. It is always best to remain polite and courteous to the police, even when being questioned and investigated. Having a confrontational attitude can only lead to bad consequences, possibly from the officer and again when perceived by prosecutors, judges and a jury if it proceeds to trial. * REFUSE ALL TESTS. You have the right to refuse all field sobriety tests, including the horizontal gaze nygstagmus test, known as the "HGN." It is very unlikely that you will be released even if you try these exercises. Most citizens cannot ÒpassÓ the SFSTs satisfactory to arresting officers. They are judged subjectively by the investigating officer and they decide whether you passed or not. YOU HAVE THE LEGAL RIGHT TO REFUSE ANY AND ALL FIELD SOBRIETY TESTS! THE CHOICE IS YOURS. * REFUSE THE BREATH TEST. There are two types of breath testing devices used in Texas. The actual Intoxilyzer 5000 is what is used ONLY after the accused is placed under arrest. It is maintained at the jail, but can also be housed in the BAT Mobile (breath alcohol testing unit). According to the State of Texas Breath Testing Program officers cannot even ask you to take the breath test unless you are already under arrest for DWI. You are already arrested by this point, so donÕt make the mistake of thinking they will "un-arrest" you should you "pass" the breath test by blowing under a .08. The other device used is the Portable Breath Test (PBT). The PBT is used by many officers to help determine whether to make an arrest, and is required by troopers employed by the Department of Public Safety (DPS). The courts do not allow officers to testify at trial on what the exact BAC reads when tested. The police can only testify regarding "the presence of alcohol" after a PBT. * REFUSE A BLOOD TEST. NEVER voluntarily submit to a Blood Test. There is no way to determine ahead of time whether the blood vial was correctly prepared, labeled, transported, or stored. Force the arresting officer to obtain a search warrant to perform this invasive procedure from your body! Be careful, as well, from letting an officer coerce you into taking a blood test. If you volunatarily let the officer draw blood, you cannot later attack the search warrant in court. If the officer is forced to get a search warrant, we can attack it later to a Judge. Read more about Dallas DWI by www.carlcederlaw.com
2. Fowler Law Firm: ADR, Ad Litem Representation, Adoptions, Annulments, Child Support & Custody Litigation, Collaborative Law, Criminal Law, DWI, Divorce, Enforcement, Estate Planning, Family Law, Juvenile Law, Malpractice, Mediation, Modification, Name Changes, Negligence, Parental Termination, Paternity, Traffic Tickets, Personal Injury, Premarital Agreements, Postmarital Agreements, Property Division & Partition Agreements, Protective Orders, Restraining Orders, Separation Agreements, TROs, and Wills.
3. Howard, Mike: DWI or Driving While Intoxicated occurs when someone who is intoxicated operates a motor vehicle in a public place. Intoxicated means a blood-alcohol content of 0.08 or higher or not having the normal use of one's mental or physical faculties due to the introduction of some substance (like alcohol or a drug). In some other states, DWI is called DUI. In Texas DUI is a separate crime that applies to minors. What most people refer to as DUI is actually a DWI in Texas. DWI, See: Texas Penal Code 49.04. Definition of intoxicated: See: Texas Penal Code 49.01. Punishment Range Generally a first-time DWI is a class B misdemeanor carrying a range of punishment of between 72 hours and 180 days in the county jail facility and up to a $2,000.00 fine. If the state proves the person had an open container of alcohol within their immediate possession, the minimum term of confinement goes up from 72 hours to 6 days. A second DWI is a class A misdemeanor carrying a punishment range of 30 days to 1 year in the county jail and up to a $4,000.00 fine. A DWI becomes a third degree felony carrying a range of punishment of between 2-10 years in the penitentiary and up to a $10,000 fine if the state proves the person has previously been convicted of Intoxication Manslaughter or has been convicted of two DWIs.
4. January, Jason: Criminal Representation
5. 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
6. Read, John: Criminal Defense * Felony Criminal Defense * Murder and Homicide * Drug Cases * Federal Cases * Aggravated Sexual Assault * Aggravated Assault * Aggravated Robbery
7. 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
8. Robert Kraft: A serious criminal charge requires a serious criminal lawyer.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. Thayer Williamson: DUI, DWI, and driving while intoxicated charges are not unbeatable. They are, essentially, Òopinion 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 driverÕs license.
15. Milner, Finn & Price: 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.
16. 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.
17. 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 driverÕs 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. ThatÕs $3000 in fines added to the sometimes overwhelming financial and personal consequences of losing your driverÕs license on a drunk driving (DWI) charge.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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?
25. Tyson Law Firm: DWI / DUI: Even people who donÕt normally exhibit criminal behavior can make a mistake when theyÕve 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.
26. Berlof & Newton: 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.
27. 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.
28. 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.
29. 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.
30. 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 circumstancesÜwould 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 individualÜif not assistedÜpresented 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.)
31. 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.
32. 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.