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Dallas DWI Lawyers

1. Gregg, Robert: DWI and Suspended License Defense
2. Sorrels, Udashen & Anton: Why You Need a Trial Lawyer for DWI Defense Just because you have been arrested and charged with drunk driving, does not mean you are guilty. You stand as a citizen accused Ñ and in need of a strong criminal defense attorney. It is important to do everything you can to keep a first or subsequent drunk driving arrest off your record. In addition to fines, probation, and possible jail time, a drunk driving conviction can result in a $1,000-a-year surcharge on your driver's license as well as increased insurance rates. Because of the way Texas law defines the possible consequences for a drunk driving conviction, there is little benefit to negotiating a plea bargain in a DWI case. In many instances, your best option is to take the case to trial. Will your lawyer have the experience and knowledge necessary to defend you in court? Minimizing Negative Consequences A drunk driving case has two parts: An administrative license removal (ALR) process and the criminal charge of driving while intoxicated.
3. White, Roderick: You may be charged with driving under the influence in Texas if you are caught driving with a blood alcohol content of 0.8 or higher. DWI is an offense that is committed by all kinds of people in Texas. However, DWI is not just a traffic violation. It is considered a criminal offense. Enforcement has cracked down on DWIÕs in Texas and the consequences have become harsher. Conviction of a DWI has serious consequences that have a great impact on oneÕs life. These include jail time, license suspension, large fines and a permanent record of the DWI. DWI is an offense that carries a social stigma with it. It may influence oneÕs career, family life, relationships and opportunities. If you have been charged with a DWI you will not necessarily be convicted. You need the assistance of a Dallas DUI attorney to make a strong case against the charges. If you are charged with a DWI you should seek legal counsel from a Dallas DWI attorney. Penalties for DWI in Texas: First Offense: * up to a $2,000 fine * 72 hours to 180 days in jail * driverÕs license suspension: 90 days to 1 year Second Offense: * up to a $4,000 fine * 30 days to 1 year in jail * driverÕs license suspension: 180 days to 2 years Third Offense: * up to a $10,000 fine * 2 to 10 years in penitentiary * driverÕs license suspension: 180 days to 2 years These are the penalties for those 21 and older caught drinking and driving. There are separate penalties for minors and juveniles caught drinking and driving. There is also a zero tolerance policy for those under 21, meaning that if you have any amount of alcohol in your system you may be charged with a DWI. With the assistance of a Dallas federal criminal lawyer you may be able to avoid conviction of a DWI. Evidence such as field sobriety tests, breathalyzers and physical signs are not necessarily reliable enough to confirm the defendantÕs BAC. There have been numerous problems cited with breathalyzer tests, including lack of calibration, operator error and inaccuracy. Field sobriety tests are also subject to questions of accurate evidence of intoxication. Regardless of whether you believe you are guilty or not, you do not have to be convicted.
4. Caperton, Charles: Meth Crimes Federal State Drug Crimes Federal White Collar Crimes DWI/DUI Sexual Offenses Internet Solicitation of Minor Misdemeanor Criminal Offenses Aggravated Assault Felonies Robbery, Burglary, Theft Fraud Murder / Involuntary Manslaughter Juvenile Crimes Domestic Violence Probation Violations Expunctions
5. 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. Challenge your Breathalyzer BAC Test Results If you have been charged with DWI or DUI based on the results of your Intoxilyzer 5000 or blood test, there is every reason to believe that you can mount an aggressive defense. Even under perfect testing conditions, the results of breath and blood tests to measure blood alcohol content (BAC) can be questioned. (Y)ou are not a test result. You are a person who is entitled to an aggressive and effective legal defense. We have the experience to challenge breath and blood tests. If you have submitted to a BAC test and have been charged with DWI, you may still have a valid case for dismissal or a reduction of charges to a non-alcohol offense. By the same token, just because you cooperated with the police, it doesn't mean that the prosecutor will go lightly on you. But no matter what the test results say, our lawyers are ready to start your aggressive DWI defense right away. Was the blood test conducted correctly? If your BAC was found to be .08% or above, there are several ways to fight the charges. The first strategy, which is often effective, is to challenge the validity of the results and have the blood sample retested. It is surprising how often the test was administered incorrectly or by an untrained person, using faulty test equipment. The sample may show that there isn't the required amount of preservative or anti-coagulant present. If the levels weren't right to begin with, your sample may have resulted in an incorrect BAC reading. Remember, in a court of law, all we have to do is create a reasonable doubt. What about the breath test? Breath machines are required to be calibrated for accuracy and properly maintained. In addition, the person administering the test must maintain a valid license. An aggressive and effective defense may require getting our hands on the calibration and maintenance records, as well as training schedules. In some cases, your medical condition or prescription medications may result in an excessively high alcohol reading on your breath. We also look for every opportunity to discover mistakes the officer may have made regarding required observation periods, reading the rights and consequences, and handling the evidence. If you refused the test The truth is that you may have been better off by not submitting to the tests. The officer is required to clearly inform you of the consequences of refusing to take the test. Based on the law of implied consent, one of the consequences for refusing will be an automatic ninety day suspension, which must be preceded by a notice of suspension. You cannot be considered guilty based only on your refusal. If the prosecutor does not have firm test results to use as evidence against you, challenging your DWI charges often comes down to challenging the police officer's subjective report about the field sobriety test. No matter what your BAC test results say, you deserve a strong defense Mounting an effective challenge to test evidence requires a broad knowledge of DWI law and is the primary reason why it is important to hire an experienced DWI attorney.
6. Hyde, Heather: Assault Criminal Law Drug Crimes DUIDWI Federal Criminal Law Felonies Homicide Misdemeanors
7. Mosher Law Firm: If you or a loved one are arrested for DUI, you may need the assistance of an experienced DUI defense lawyer. Unlike civil law cases, in which money or property may be at stake, people charged with DUI may face jail time and driver's license revocation.
8. 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.
9. 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
10. 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.
11. 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.
12. 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.

     

13. 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.
14. 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.
15. 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.
16. 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.)
17. 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.