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Dallas DWI Lawyers

Hedlund Law Office: Driving While Intoxicated charges involve an allegation that someone had too much to drink and got behind the wheel and drove. The consequences for DWI are endless. If you are convicted your license may be suspended, your insurance rates may go up, you will be charged fees in the amount of $1000.00 to $2000.00 a year to keep your license, and more. These charges are aggressively prosecuted. You should have an aggressive defense attorney.

Defending the D.W.I. case is a multi-step process that begins at "probable cause." Each step in the process causes the case to turn in either a positive or negative manner. The following outline provides a comprehensive discussion of the process. It does not address every facet of the D.W.I. case but it does address each major turning point.

1. Probable Cause for a stop.

For a police officer to stop you, there must be some probable cause. Some articulatible reason for the stop. More often than not it is some traffic violation causes the stop. This is a good stop. Furthermore, if police believe that a crime has been committed or is in the process of being committed, they have the right to detain you further in order to complete their investigation.

	You do not have to do the field sobriety tests.
	You do not have to talk with police officers.
	You do have to get out of your car if asked.

2. Arrest.

If the police officer believes that he or she has enough evidence to make a DWI charge, then the officer will arrest and transport you to either their station house or the county jail for further tests. It is here where they conduct further testing and the breathalyzer.

3. Breathalyzer.

You do not have to take the breathalyzer. You do not have constitutional right, but you do have a statutory right to refuse. If you refuse, you will deny the prosecution and the state vital evidence to their case. A very good idea. If you refuse, your driver's license will be automatically suspended and the officers will confiscate the license. However, they will give you a temporary license, a paper license, that is good for 45 days.

4. Driver's License Suspension.

Since you, hopefully, refused the breathalyzer, your drivers license will be suspended. You must petition the court to grant you an "Occupational License" which will allow you to drive during the suspension period. This requires the filing of a Petition for Occupational License, hearing on Occupational License, and Order Granting Occupational License. Further, an occupational license fee of $25.00 must be paid to the Texas Department of Transportation. At the end of your suspension period, the department will return to you your license upon payment of the reinstatement fee of $125.00.

5. Administrative License Revocation Hearing.

Because you refused to "blow," you have a right to request an Administrative License Revocation Hearing which must be done within 15 days of your arrest. We advise that you should always request the ALR hearing. Criminal cases do not enjoy the "discovery" powers that civil cases do. There are no interrogatories, request for admissions, or depositions is a criminal matter. However, since an A.L.R. hearing is civil in nature, there is the power to subpoena the police officer to the hearing. This is an opportunity for you to question the police officer as to the reasons he made the stop, and to test his knowledge with regards to field sobriety testing. Further, the District Attorney is not present and is not available to "prep the witness." Requesting an A.L.R. hearing increases the cost of your D.W.I. defense but it is a good idea.

6. Investigation.

Administrative License Revocation, copy the breathalyzer room tape, examination of the scene of arrest, interviewing your witnesses, reviewing the police report, etc. are all part of a complete investigation of your Driving While Intoxicated Defenses. If you have a good defense, then we recommend a jury trial. Investigation is part of getting prepared.

7. Plea.

If you have an outstanding tape, it is possible to get a recommendation from the District Attorney that your D.W.I. charge be reduced to an obstruction of a highway charge. This charge is still a Class B misdemeanor, but you can get deferred adjudication which means that, after a period of probation, the obstruction of a highway charge will be dismissed but your record will only show Deferred Adjudication or no finding of guilt. If the D.A. will not recommend a plea reduction, you can still plea to the DWI. In Dallas County, the standard plea is (1) no deferred adjudication, (2) 6 months in jail probated for 2 years, (3) fine, (4) court costs, and other court imposed probationary requirements including payment to crime stoppers, drug and alcohol awareness, and community service among other items.

8. Trial.

If you wish to try the cause, we will try it before the jury. The jury will either render a not guilty verdict or guilty if the government proves their case beyond a reasonable doubt. If found guilty, punishment is usually assessed in the same manner as a straight up plea. If you are found not guilty, you are entitled to have your criminal records expunged. All documents relating to your arrest will be destroyed.

9. Expungement of Criminal Records.

If not guilty, have the records expunged. Remove the alcohol related contact from your driving record. Further, you do not want any subsequent D.W.I charge or other criminal matter to reflect this charge.

Dan Montalvo: The best way to find a good DUI/DWI lawyer is by reputation. There are a few attorneys who have national reputations; these, of course, are expensive. Thus, the best approach is to ask other attorneys in the jurisdiction: Who is the best in the area? If you do not know any attorneys, go to the local courthouse and ask people like bailiffs, clerks and public defenders: Who would THEY go to if arrested for drunk driving? Contrary to popular belief, it is not a wise idea to obtain a referral from the local Bar association or referral service. There are rarely any qualifications required for an attorney to be on a referral list; he usually only has to ask to be placed on it. When you call, you are simply given the next name on that list. An excellent indication of quality and experience is membership in the NATIONAL COLLEGE FOR DUI DEFENSE, www.ncdd.com. Completion of that organization's intensive annual summer seminar at Harvard Law School is another clear sign of ability. When you meet with the attorney, make sure of three things: 1. He has extensive experience in DUI/DWI litigation; 2. He has a reputation for going to trial in appropriate cases, rather than just "copping out" his clients; and 3. The financial terms of representation are clear.

Lewis Law Firm: Most of us know somebody who, at one time or another, has been accused of Driving While Intoxicated. Whether it is you, a friend, co-worker, or family member, DWI is probably the one criminal offense that will undoubtedly affect at least one person we know well and care about. If that someone turns out to be you, it is critical that you have a trusted legal advisor who will answer your questions, knows the law, and is capable of zealously defending you in court.

Andrew Chatham: Driving while intoxicated, first offense, is a Class B Misdemeanor that is defined at Texas Penal Code 49.04. That provision states that, " A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place". This definition sets forth the elements that must be proven to sustain a conviction. Those elements are: - The defendant, on or about a particular date - Was operating a motor vehicle - In a public place (street, highway, beach, parking lot, etc) - In a particular county - While intoxicated. The Texas legislature has specifically defined the term "intoxication", as that term is used for prosecution of DWI cases {Texas Penal Code 49.01(2)}. There are two definitions to encompass those who do or do not submit to chemical testing: 1) "not having the normal use of mental or 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 substance into the body; or 2) "having an alcohol concentration of 0.08 or more." 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 prosecution. If the label suggests that ingestion will impair one's 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 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 DWI, but they are the exception and not the rule.

Carroll Law Firm: Driving while under the influence of alcohol is a criminal offense.

Bristol & Dubiel: If you have been charged with a crime or arrested for driving while intoxicated (DWI), under the influence of alcohol or drugs (DUI), drunk driving or any alcohol-related offense, you need expert legal assistance. Any criminal charge can be a serious one, and you need an attorney who will do everything possible to protect your rights. It is easy to become frightened and intimidated by what is happening. You should have a lawyer who knows the criminal justice system-someone who can explain your rights and let you know what to expect.

Patrick Mulligan: Local Representation is vital when dealing with Texas DWI law.

Christopher Hoover: Driving while intoxicated, first offense, is a Class B Misdemeanor that is defined at Texas Penal Code �49.04. That provision states that, "A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place". This definition sets forth the elements that must be proven to sustain a conviction.

Timothy Rountree: In order to conduct DUI checkpoints within the limits of the Fourth Amendment, law enforcement officers should operate stops in a manner minimally intrusive on the rights of motorists. Some of the characteristics of a constitutionally permissible DUI sobriety checkpoint might include: Checkpoint locations determined by commanders or first-line supervisors Advance publicity of the checkpoint Warning signs placed along the highway to notify motorists Adequate lighting Ample room to conduct the stop at a safe location Officers in full uniform and readily identifiable

H.M. Hodges: Article IV, Section 1 of the U.S. Constitution compels all states to give "Full Faith and Credit...to the public Acts, Records and judicial Proceedings of every other state." It is under the Full Faith and Credit clause that DUI convictions from one state must be recognized in another state. However, the Full Faith and Credit clause does not always allow prosecutors to use another state's prior conviction to enhance a new charge. In fact, there are some circumstances where the DUI statute in a foreign state is so significantly different from the DUI statute in the state where the new charge is being prosecuted that full faith and credit may not be awarded, including: 1. When the blood-alcohol concentration (BAC) level recognized in the foreign state as the "per se" threshold for legal impairment is .08% or higher, and the BAC level referenced by the in-state statute is .10% or higher 2. When the states have different "look back" time limits for how long a prior conviction can be used against a defendant (e.g., If a foreign state only recognizes prior convictions for up to five years and the state pressing a new charge can use a prior conviction for up to 12 years, records in the foreign state may no longer exist) Given the potential implications of the discrepancies between DUI statutes among states, prosecutors must search state case law to determine the differences between state definitions of DUI.

Cohen & Cohen: There are several established exceptions to the warrant requirement, including when police officers have probable cause to believe that the person to be arrested has committed a felony or misdemeanor in their presence. In fact, a great number of arrests have historically taken place without warrants. In order to arrest a person or otherwise take them into "custody" without a warrant, a police officer must have the same level of probable cause that is required for the issuance of an arrest warrant. Further, an officer performing a warrantless arrest must be able to base probable cause on conditions that existed prior to the stop, rather than on conditions discovered thereafter.

Peter Barrett:

What is .08 Alcohol Concentration?

"Alcohol concentration" is defined by the statute as:

a. the number of grams of alcohol per 100 milliliters of blood;

b. the number of grams of alcohol per 210 liters of breath; or,

c. the number of grams of alcohol per 67 milliliters of urine.

Practically speaking, if you've been drinking, unless you are a physicist, an engineer, or a chemist, and have a calculator, you will be unable to determine if you have an alcohol concentration of .08 or more. Further, it is of interest to note 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.

Sally Goodman: Once the defendant and the prosecutor have come to an agreement, they still must obtain the court's approval. Without the court's consent, the plea will never be accepted and the case will proceed to trial.

Robert Burns: One popular argument against police officer testing is based on the idea that individuals are different and that the results of many such tests may be skewed depending on the circumstances. The specific condition of a suspect is generally dissimilar to other individuals. For this reason, numerous factors may alter results for sobriety tests that have been calibrated to apply to the "average" person. Many assert that the millions of Americans who drink have varying body chemistries and physical makeup which cause them to exhibit a wide variation in how alcohol affects their behavior. Those suspected of driving while intoxicated often claim that a physical condition caused an inaccurate analysis result. Such conditions may include diabetes, indigestion, body temperature variation, hyperventilation, prescription drugs or liver complications.

De La Garza Law Firm: The Sixth Amendment provides, in part, that criminal defendants have a right to "be confronted with the witnesses against [them]." This provision is generally referred to as the "Confrontation Clause" and means that criminal defendants have the right to cross-examine their accusers or witnesses who are testifying against them. While this principle has generally maintained its strength in the criminal court system, the U.S. Supreme Court has occasionally modified certain aspects.

Richard Howard: After obtaining a restricted driver license from the Court, there is another step in the process you must understand. Within 30 days of obtaining the Order from the Court, the driver must file his Occupational License with the Department of Public Safety in Austin along with the following documents: € SR-22 (this is a statement from an insurance company indicating that the driver is insured), € Copy of the Order granting the restricted driver license, € Reinstatement fee of $125, € $10 fee for the brown occupational driver license, and € SR37 (this is a very small informational sheet that takes one minute to fill out.)

Kris Balkian: The crime of Driving While Intoxicated (DWI), also known as Driving Under the Influence (DUI) in other states, is one of the most common and most serious charges that you can face. Recognize, DWI/DUI is a hot topic. Organizations such as Mothers Against Drunk Driving (MADD) has caused the legislature to crack down on those accused of DWI/DUI and create tougher penalties. A plea of Deferred Adjudication is not an option in DWI cases.

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, �opinion crimes.� 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 driver�s 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 while intoxicated in Texas have never been more severe. For example, DWI is the only misdemeanor criminal offense for which you cannot receive deferred adjudication. Moreover, new laws require that if your license is suspend for DWI, you will be required to pay a minimum of $1,000 per year for three years just to keep your license.

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 don�t normally exhibit criminal behavior can make a mistake when they�ve 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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