Dallas DWI Lawyers
- Herrington Law Office:
DWI
DWI mean ÒDriving while Intoxicated.Ó In Texas, a person is guilty of DWI if he or she operates a motor vehicle while having a blood alcohol level (BAC) of .08 or higher or by not having the normal use of his mental or physical faculties by reason of introduction of drugs or alcohol.
ÒBACÓ is an acronym for ÔBlood Alcohol Concentration.Õ It refers to the proportion of alcohol in your blood, or the number of grams of alcohol per 1000 grams of blood. For example, if you had eight grams of alcohol per 1000 grams of blood, then your BAC would be .08.
The best and easiest way to avoid a DWI charge is, of course, to simply not drink and drive! If you have been drinking, even moderately, or if you or your companions feel that you do not have normal use of your mental or physical faculties because you have been drinking, do not get behind the wheel -- take a taxi or designate a driver, walk but do not drink and drive.
(For anyone under 21, it is illegal to drive with any detectable amount of alcohol.)
What if my blood alcohol concentration is below the legal limit?
Even if your BAC is below the legal limit of .08, you may still be arrested and charged with DWI if you are driving and if your normal faculties are impaired. In Texas, this means the loss of normal use of either mental or physical faculties by reason of the introduction of either alcohol, drugs, or some combination thereof. So the state does not always have to prove that a person is above the legal BAC limit in order to convict them.
Do the police have to see me in the act of driving in order to charge me?
No. Even if you are not driving at the moment the police encounter you behind the wheel, you can still be found guilty of DWI if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. That is, even if you are simply sitting in your car with the keys in the ignition, you might be arrested for being in actual physical control of the car.
Am I required to submit to a breath, blood, or urine test?
No. And one should never take a breath test if he has drunk alcohol prior to driving. The Texas ÒintoxilyzerÓ machine often yields inaccurate results. In Texas, refusal to submit to a test upon the request of a police officer is admissible in court against you as evidence of your consciousness of guilt. Although you might lose your license, it is always best to refuse the breath test if you have drunk any alcohol at all in the few hours before you are requested to do so. The officer who stopped you will seize your license if you are arrested for DWI with an unlawful BAC or after you refuse to submit to a chemical or physical test. You may request a review of the driver`s license suspension by the department of motor vehicles. This is called an administrative license revocation hearing (ALR). It is always better to have an experienced DWI attorney represent you at an ALR hearing.
What are the consequences of a DWI conviction?
Even where you have no good defense, a good attorney may be able to Òsoften the blowÓ by mitigating your punishment. In Texas, the punishment range is up to 180 days in jail and up to a $2,000 dollar fine for a DWI first offense. Most second offenses within ten years result in a mandatory jail term, and a third offense in Texas usually results in a felony. Furthermore, your insurance company may cancel its coverage of you, or assign you to a high-risk category, resulting in a substantial increase in your premiums.
Punishment for DWI varies depending on the number of convictions.
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
- DuBose, Melissa:
DEFENDING ALL CASES INCLUDING:
DWI/DUI
Assault
Family Violence
Burglary of a Vehicle or Habitation
Drug Cases
Theft
Resisting or Evading Arrest
Criminal Trespass
Criminal Mischief
Public Intoxication
Probation Violations
Unauthorized Use of a Motor Vehicle
Traffic Tickets/Warrants
- Grass, Jeffrey:
Texas DWI laws are extremely harsh. You can face a criminal conviction for driving under the influence of ANY intoxicating substance, including alcohol, illegal drugs and prescribed medications that impair your ability to drive. Drunk driving charges are serious and should be handled by a serious criminal defense lawyer.
- Kipness Law Firm:
Driving under the influence of drugs
If you take prescription or non-prescription over-the-counter drugs or alcohol while driving, you can be in trouble. According to the law, anyone under the effect of drugs found driving or being in charge of a vehicle may have to go to court. Whether you have been advised these drugs by your doctor or health consultant, driving under their influence means you are breaking the law.
Traffic authorities are given the power to check any one for a random drug test, especially those who are found to be suspicious. This can include the way a person is driving the car and physical signs and performance of the driver. Normally, the police carry out a random drug test by taking a sample of the drivers saliva and checking it for levels of cannabis, MDMA or ecstasy and methylamphetamine or ICE. Any non-zero levels of these three drugs mean the driver is breaking the law. Currently, the saliva test can only detect levels of these three drugs, and the police can take a blood test or urine sample at any point if they feel that the driver is under influence of some other drug such as alcohol. A breathalyser can also be carried out to find if the driver has any alcohol in his system. However, for alcohol, the threshold level for drug in the blood is safe anywhere between zero and 0.05, and blood alcohol levels or BAC higher than this can cause trouble for the driver. This threshold limit can be changed by the law anytime, as deemed appropriate. A prosecution drug recognition expert can also be used as a testimony against the driver.
When a person is under the influence of drugs, whether it is alcohol, an addictive drug, prescription drug or over-the-counter drug, his or her mental or physical capacity of being able to work properly and comprehend things can become impaired. Driving under the influence of drugs, also known as DUI, or driving while impaired or intoxicated or DWI can become a problem not only for the driver, but for other passengers riding in the vehicle and also for the passerbyes. A drug can be categorized as just anything which affects a personÕs mental or physical capability, whether it is a cold medicine, pills of coffee or caffeine etc. According to the definition used in California, ÒA drug is anything capable of affecting the nervous system, brain or muscles of an individual as to impair, to an appreciable degree, his or her ability to drive a vehicle in the manner that any ordinarily prudent and cautious person, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions.Ó If you or someone you know has been charged for DUI, you will need to consult a specialized DUI lawyer or a DUI attorney, who has qualified DUI Laws. A lawyer not specialized in this field may not be able to defend you as it takes real know-how to handle cases accused with DUI.
According to definition, DUI includes driving under the influence of alcohol, including driving while intoxicated, drunk driving, operating a vehicle under the influence of drugs, where as a vehicle can include anything from bicycle, boat, airplane, to wheelchair, tractor or horse. In most counties and states of America, DUI and DWI are considered a criminal offense and are dealt with severe charges. It is a serious health hazard and causes 39% of vehicle related deaths each year. Most courts will disqualify the accused of holding or obtaining a driverÕs license for a specific period of time, whereas in serious cases, the charges can be severe. These charges can include a fine, appointment of a community service or even prison. The court also takes away the right of eligibility to apply for a work licence and if the driver is convicted with a serious offence of driving or being in charge of a vehicle while under the influence of a drug.
Some states may have the same punishment for DUI drug cases and DUI alcohol cases. However, in states where the punishments are different, it is important to hire a DUI Laws lawyer who can relieve some of the harsher punishments imposed by law. Whether you have been accused of drunk driving DUI, DWI or driving while impaired or intoxicated, DUII or driving under the influence of intoxicants, OUI or operating under the influence of drugs, OUIL or operating under the influence of liquor, MVI or operating a motor vehicle while impaired or simply accused of reckless driving while drunk, a knowledgeable and skilled defence DUI lawyer should be consulted. Do not waste time with inexperienced lawyers, as your driverÕs license can be cancelled. Consulting a skilled criminal defense lawyer who concentrated on DUI and DWI defense should be your first choice to save yourself from a lot of trouble.
- Smith, GJ:
Have you been charged with a DUI/DWI offense? If so, you may be worried about losing your driver's license or spending time in jail, or you may be concerned about the long-term impact a conviction would have on your driving record. You need to know what your rights are and who can help you fight for them.
- Price, Michael :
* Attack the legitimacy of the stop
* Argue against the accuracy or legitimacy of the tests
* Move to suppress certain evidence
* Seek to expose improper police procedure
* Plea to a lesser offense
* Seek alternatives or treatment options
- 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.
- Peter Barrett:
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.
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You do not
have to do the field sobriety tests. |
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You do not
have to talk with police officers. |
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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.
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