Dallas DWI Lawyers
- Anderson, Katrina:
THE LEGAL PROCESS What should I do when someone I know is arrested? When
someone you know is arrested, you should contact an attorney immediately
to protect his / her rights. A good lawyer hired early in the legal
process may be able to help in many areas, including bond reductions,
dismissals or speedy resolutions.
What should I do if I find out thereÕs a warrant for my arrest? If you
learn that there is an active warrant for your arrest, you need to take
care of this immediately by contacting our firm to prevent an
embarrassing arrest at work, home or school.
I've been arrested for a felony. Now what? You have the right to make a
presentation to the Grand Jury in an effort to convince them that the
State does not have probable cause to proceed with its case against you.
You also have the right to testify in front of the grand jury, but this
is a dangerous option and we rarely recommend it. What we do more often
is a Grand Jury packet, which is essentially a letter to the jurors
explaining the facts of your case and why the State does not have enough
evidence to continue its case against you.
It is often helpful to include affidavits, medical records, photographs
and other pieces of evidence in the Grand Jury packet. The effect of a
Grand Jury packet is powerful because if the jurors return a Òno billÓ
(meaning they choose not to indict you), your case is over and you can
file for an expunction of the charges. This means you will never be in
the position of negotiating with a prosecutor and weighing a
plea-bargain offer against the risk of going to trial.
Remember, a Grand Jury packet can only be done by an attorney before
your case has been indicted. This is just another reason why it is
always best to hire an attorney to start fighting for you immediately.
ERASING A CRIMINAL PAST How do I get arrests off my record? Having an
arrest record often causes problems for people as they try to get jobs,
get into schools or the military, or even find an apartment. Some
arrests can be ÒexpungedÓ from your record. For example, this is an
option when your case is dismissed or when you are found Not Guilty at
trial.
Sometimes the State simply agrees with our expunction request, but
sometimes we must have a contested hearing in front of a district court
judge. Many lawyers shy away from having these hearings, but we have
found judges to be fair when it comes to citizens being falsely accused.
Once an expunction order is signed by the judge, all agencies that have
any evidence you were ever charged with that crime are ordered by the
court to destroy the records related to your arrest. This includes the
police agency, the sheriffÕs department, the district attorneyÕs office
and even private agencies like publicdata.com.
Can I get convictions off my record? No. A conviction will always remain
on your record. This is why it is so important to hire the right lawyer
at the beginning of your case, so that they can do everything possible
to prevent a conviction. It is not unusual for someone to come to us
after being off probation for years and ask us if we can expunge their
record. Unfortunately, there is nothing we can do for them because their
original attorneyÕs work cannot be undone.
What does it mean to ÒsealÓ my record? There are some instances where
Texas law allows you to ÒsealÓ your record even if you do not qualify
for an expunction. For example, if you plead no contest to a charge and
successfully complete deferred adjudication probation, you can get your
record sealed in most cases.
This is different from an expunction, because the charges remain on your
record but can only be viewed by certain individuals. This includes
government agencies such as police and prosecutors as well as private
employers with security clearance. However, most prospective employers
and others will not be able to see the charge if they do a background
check.
CPS INVESTIGATIONS CPS has accused me of child abuse or neglect. What
should I do? Texas Child Protective Services (CPS) may tend to Òtake the
child first and ask questions laterÓ following an allegation of abuse or
inappropriate conditions in the home. Please contact our firm before
speaking with any CPS representative or going to court to answer the
allegations against you.
JUVENILE CASES My child has been accused of a crime. WhatÕs next?
Whether your child is in detention or not, you need a lawyer who
understands that the future of your child is at stake. The justice
system for juveniles is different than that for adults, and it is
extremely important to have an attorney who is familiar with the
juvenile justice system on your side.
- Burleson, Pate & Gibson:
Under the law, drivers rack up points for various traffic offenses and
must pay additional penalties if they get too many points. Failure to
pay means loss of a driver's license. The fees are particularly high
for drunken drivers, who face a $1,000 annual surcharge for three years
and even higher levies for subsequent offenses or if their
blood-alcohol concentration exceeds 0.16.
- Cunningham, Bennett:
DWI (All Types)
¥ Drug Offenses
¥ Expunctions / Non-Disclosures
¥ Juvenile Matters
¥ Unlawful Carrying of a Weapon
¥ Prohibited Weapon
¥ Theft / Burglary
¥ Assaults
¥ Indecency / Injury to a Child
¥ Sex Offenses
¥ Public Lewdness
¥ Public Intoxication
¥ Wrongful Arrests
¥ Manslaughter / Murder
¥ Other Criminal Matters
- Helms, Johnson & Diaz:
DWI/DUI Defense Lawyers, Dallas-Fort Worth Metroplex, Texas
If you have been accused of a DWI or a DUI, even if it is the first time you have ever been arrested, it is important to learn your rights and obtain a qualified DUI defense lawyer.
Avoid Steep DWI Consequences
Drunk driving penalties include an automatic license suspension, potential jail time, high fines and a criminal record for the rest of your life. We are prepared to defend you to the full extent of the law, whether that means jury trial or negotiating to a lesser charge and minimizing consequences.
- Miller, Deborah:
* Divorce
* Child custody
* Collaborative law
* Dividing property
* Modifications of divorce decrees
* Enforcement of child support
* Paternity issues
* Premarital and cohabitation agreements
* Family violence and domestic violence
* Probate issues
* Spousal maintenance/alimony
* Division of assets and debts, including businesses, real estate and stock options
* Defense of drunk driving (DUI / DWI)
* Wills and powers of attorney
* Probate and estate administration
* Adult and minor name change
- Goldstein & Scopellite:
DWI/DUI
Facing DUI/DWI (drunk driving) charges can be overwhelming and frightening.
* The Suspension of your Driver's License
* Occupational Driver's License
* ALR Hearings
* 2nd/3rd Offenses
* Felony DWI
* Breathalyzer disputes
* Jury Trials
- Wilson, Russell:
* Federal fraud, including white collar crime such as Medicare fraud and Ponzi schemes
* State fraud, including writing bad checks and forging checks
* Capital murder, including non-death penalty
* Federal weapons charges
* Aggravated robbery and other property crimes
* Aggravated assault and domestic violence
* Aggravated sexual assault, including defense cases in which the victim remembers something that happened long ago
* Drug crimes, including possession of a controlled substance
* Internet crimes
* Theft
* DWI
- Stanley & Cook:
* Assault
* Burglary
* Defendant rights
* Deferred adjudication
* Driving while intoxicated (DWI)
* Drug Charges
*
Expunction/ Nondisclosure
* Embezzlement
* Felonies
* Juvenile defense
* Misdemeanors
* Murder
* Rape
* Robbery
* Sex offender registration
* Sex Crimes
* Theft
* White-collar crimes
If ever you, or a member of your family, are unfortunate enough to be involved with the criminal justice system, you will find that the system can move very quickly against you and that the consequences of a criminal conviction can be severe.
Without the assistance of an experienced and knowledgeable defense lawyer, you run a greater risk of losing your driverÕs license or your job. You may even lose your freedom. One advantage of having an experienced attorney on your side is to have the proper questions asked, the proper defenses raised, and an aggressive defense made to the judge or jury.
- Wyde, Dan:
The penalties for drunk driving are becoming frighteningly severe. In
fact, these laws have become so harsh that even the act of refusing a
breath or blood alcohol test can result in a mandatory driver's license
suspension.
Challenging Administrative License Revocations (ALR)
When charged with a DWI, two simultaneous legal proceedings are initiated, one criminal and one civil. The civil proceeding is aimed at revoking the driver's license of the person charged with driving while intoxicated. The police are required to take the driver's license of the suspect and issue a temporary driving permit that is valid for forty days from the date it is issued. This suspension is automatic unless a hearing is requested within fifteen days.
Several things can happen at the ALR hearing. If the arresting officer does not appear, the complaint is often dismissed and the license suspension is avoided. This does not end the criminal proceeding related to the DWI arrest. If the ALR hearing proceeds the Department of Public Safety must show:
1. Probable cause existed to stop and arrest the driver.
2. That the person arrested was in physical control of the automobile at the time of the stop.
3. The arresting officer provided the suspect the opportunity to give a breath or blood test and was informed, orally and in writing, of the consequences for refusing or failing the tests.
4. The suspect had a Blood Alcohol Concentration (BAC) over .08 or higher or that the suspect refused to provide a sample.
Field Sobriety Tests and Breath Test Information
Field sobriety tests are designed to give police probable cause to make an arrest. Many people cannot pass a field sobriety test even when sober. Breath tests or blood tests give arresting officers hard evidence of guilt or innocence. The primary difference is that while a suspect can refuse a field sobriety test with no penalty, refusing a breath test or a blood test will result in an automatic administrative license revocation.
- Burns, Fred:
AFTER AN ARREST FOR AN ALCOHOL-RELATED OFFENSE, INCLUDING DWI, DO NOT TALK TO THE POLICE OR ANYONE ELSE UNTIL YOU HAVE SOUGHT ADVICE FROM AN EXPERIENCED CRIMINAL DEFENSE LAWYER!
- LeNoir, Martin:
Driving While Intoxicated (DWI) Cases
In Texas, a first-time DWI conviction is a class B misdemeanor, punishable by up to six months in jail and a $2,000.00 fine. A second DWI conviction is a class A misdemeanor, punishable by up to a year in jail and a $4,000.00 fine. A third DWI conviction is a third degree felony, punishable by up to 10 years in prison and a $10,000.00 fine. In addition to criminal punishment, a DWI defendant in Texas may be subject to a driver's license suspension for failing or refusing an alcohol test, or for being convicted of the DWI offense.
If you are arrested for driving while intoxicated, in order to preserve your right to drive, you must immediately request an administrative license revocation (ALR) hearing. The Department of Public Safety (DPS) will suspend your driving privileges for anywhere from ninety days to two years (depending upon your record) for either a breath or blood test failure (.08% BAC) OR a breath or blood test refusal. This suspension is NOT immediate. It starts forty days from the date of your arrest. TO STOP THIS SUSPENSION, YOU MUST REQUEST A HEARING WITH DPS WITHIN FIFTEEN (15) DAYS OF YOUR ARREST, AND WIN THAT HEARING!! Therefore, to preserve your driving privileges, we must request this hearing as soon as possible. If we wait more than this 15 day time period, there is NOTHING we can do to preserve your license!
Your criminal court case and this license matter are separate. What happens in court does NOT affect your license. You could win your court case and STILL lose your license if we do not request this hearing in a timely manner!
In Texas, those accused of DWI have a right to a jury trial. To obtain a conviction, the prosecution must convince all of the jurors that the accused is guilty beyond a reasonable doubt. Martin LeNoir has tried hundreds of DWI cases and has obtained NOT GUILTY verdicts in a very high percentage of them. His record in trial is second to none. Additionally, he and his associates have been successful at ALR hearings allowing his clients to keep their drivers license.
- Jenkins Babb:
when it counts mostÑwhen your freedom, your driverÕs license, and a criminal history are on the line.
In addition to the potential criminal trial, an effective attorney is needed to assist you in saving your driver's license at the ALR hearing at the Department of Motor Vehicles that precedes a criminal trial.
- Haynes & Howard:
DWI - Driving While Intoxicated:
Should I submit to an Intoxilyzer machine for the breath test?
No. You should not take the test unless you have not had anything to drink. The machine has been proven to be faulty and has an acceptable rate of error. If the machine is not calibrated correctly, it may measure the alcohol in your breath incorrectly.
If so, you may be providing the police with evidence they can use to convict you. If you tell them that you will not take the test without a lawyer present, they will treat your comment as a refusal and so will the court. However, this is easier to deal with at the time of trial than a breath test result that is over the legal limit.
Will I lose my driver's license?
If you take the breath test and the machine registers over .08 breath alcohol concentration, DPS will attempt to suspend your license for 90 days for a first DWI arrest.
If you refuse to take the breath test after having been arrested for a DWI, then the DPS will attempt to suspend your license for 180 days.
Of course, you have the right to request an administrative hearing and try to challenge the driver's license suspension. You must request that hearing within 15 days of your request or you have waived your right to that hearing. If you do not request the hearing within 15 days, then your license will automatically be suspended 40 days after you were arrested.
Can I drive during the suspension period?
You are required to obtain a restricted driver's license during this suspension period. Our law office has obtained hundreds of driver's licenses for clients in this situation. We can normally obtain a license from the court that allows you to drive for twelve hours per day. You can pick the twelve hours that you want to drive. For example, you could drive from 8:00 a.m. to 8:00 p.m., or you split the hours up in just about any manner you choose. These "occupational licenses" can usually be obtained for a client within 48 hours.
What is a driving log?
In some instances, we can obtain a license that allows you to keep a driving log in your car. This log allows the driver to drive when needed as long as the hours do not reach more than twelve hours in any one-calendar day.
- Smith, Gerald:
When selecting legal representation, it is very important to pick a lawyer who has had a great deal of experience in handling DUI and DWI cases. Your future is at stake. The way your drunk driving case is handled will have an influence on the outcome and thus the rest of your life.
- Kazdoy, Alan:
DWI | Driving While Intoxicated | Drunk Driving
Dallas Attorney
DWI is the common acronym for ÔÔdriving while intoxicatedÕÕ and is also called drunk driving. In Texas, a DWI, which is based on a blood alcohol concentration (BAC) of .08 percent or higher, is a serious charge with stiff penalties even for a first offense.
Depending on the circumstances of the DWI case, and the prior record of the accused, Texas courts treat a DWI as either a misdemeanor or a felony. Like many states, Texas has a zero tolerance law, which means that anyone under 21 years of age who has drunk any amount of detectable alcohol is driving illegally is subject to a 180-day license suspension.
If you are arrested and charged with a DWI, it is critical to have an experienced attorney to defend you. An arrest for drunk driving triggers two separate cases. One case is criminal and the other, which is a civil law matter, is administrative in nature and relates to your driverÔs license and driving record.
Because criminal law governs the criminal portion of your DWI arrest, generally you must appear in court for arraignment, trial or negotiated disposition. Sentencing, such as jail sentence, fines and alcohol education class are determined.
DWI Penalties
Penalties for DWI differ based on whether the DWI is a repeated offense; however, all convictions carry fines, possible jail time and license suspension. While most first and second DWI offense convictions are classified as misdemeanors, when no injury is involved, you could still spend up to six months in county jail. If you have two DWI convictions and/or the DWI charge involved serious injury or death, you will face felony charges and be sentenced to 10 years in prison.
A DWI conviction may affect you and our family in numerous ways, ranging from increased insurance rates, and cancellation of car insurance to job loss. Even a first offense results in:
* 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 of community service.
- Smith, Abbage & Associates:
A DUI / DWI charge can land you in jail, cause you to lose your license, or cost you excessive fines.
- Douglas Wilder:
What are the realities of performing Field Sobriety Tests?
The reality is that you
will be asked to perform these tests in less then ideal conditions. Ideal conditions
would be to perform the tests on a flat, smooth surface, inside with proper lighting, when you are
not tired, with an Officer who knows how to, and does, perform the tests in the prescribed
standardized manner.
In reality, the majority of the time people are asked to perform field sobriety tests under some or
all of the following conditions:
- Early in the morning
- Fatigued
- In the dark
- Wind
-
On the shoulder of a highway/street
- Uneven/slanted roadway
- Cracked roadway
- Dirt & debris on the roadway
- Where traffic is heavy in both directions of
the highway
- Where cars and other vehicles have their headlights on within 5 feet of you
- With an officer standing in front of you shining a flashlight into your eyes
-
When you are physically fatigued
- With an Officer not following the prescribed, standardized
manner in giving the tests
Clearly, nobody could prepare themselves for conditions such as these.
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