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Denton DWI Lawyers

1. Peugh, Daniel: The Arrest: You have been arrested for DWI. Most peopleÕs reaction is, Òbut I wasnÕt drunk.Ó Well, good. That will help in defending your case. It does not mean that the State does not have a case. Why, because you are not accused of being drunk. Legally, you are accused of being intoxicated. The Legal Definition of Intoxication: Legally, intoxication means not having the normal use of your mental or physical faculties by reason of the introduction of alcohol or some other substance into your body. It also means having a blood alcohol concentration of 0.08 or more. The Charges: Depending on the specifics of your case and the presence or absence of any prior DWI charges on your record, the following is a list of charges you could be facing: Offense Confinement Maximum Fine 1st 72 hours to 180 days $2,000 2nd 30 to 365 days $4,000 3rd or More 2 to 10 $10,000 DWI with Child Passenger 180 days to 2 years $10,000 Intoxication Assault 2 to 10 years $10,000 Intoxication Manslaughter 1 to 20 years $10,000 Intoxication Assault means that the State believes that you were; 1) driving while intoxicated, 2) intoxicated driving caused you to get into an accident, 3) a person was injured in the accident. Intoxication Manslaughter means that the State believes that you were; 1) driving while intoxicated, 2) intoxicated driving caused you to get into an accident, 3) a person was killed in the accident. The offenses at the top of the chart, beginning with DWI First Offense, are more likely to receive probation. As you move down on the chart, the offenses become more serious and desirable outcomes become more difficult but, NOT impossible. Getting out of Jail: If you, or a loved one, have been arrested for one of the offenses on the table above the only way to be released is by posting some sort of bond. A bond is an amount of money that an accused promises to pay in the event the accused does not show up for court. It is a promise to appear with a financial incentive. The amount of bond in a case depends on many factors. The less serious the offense, the lower the bond generally. A ÒtypicalÓ bond in a first offense DWI is rarely more than $2,000. You can post your bond in cash with the sheriff. You will get your money back, minus a fee, when the case is finished. Most people hire a bonding company to post a bond for them. It is less money out-of-pocket to hire a bondsman but, the fee you pay the bonding company is theirs to keep. Ignition Interlock Devices: DWI cases often carry special conditions for release on bond. An ignition interlock device can be required as a condition of bond in DWI cases. An ignition interlock device is a deep-lung breath analysis mechanism that will test for ethyl alcohol in the breath of a vehicle operator. The interlock is installed into any vehicle that the person on bond drives. If alcohol is detected, the ignition interlock device will make the vehicle inoperable. Interlock devices are not required by law in DWI first offense cases. A judge has the discretion to require an Interlock device as a condition of bond in a first DWI case but, judges generally do not do that. Ignition interlock devices are mandatory as a condition of release if the person was arrested for a second offense (or greater) DWI. Interlock devices are also mandatory for all Intoxication Assault and Intoxication Manslaughter cases. If a specimen of breath or blood was submitted and testing revealed a blood alcohol concentration (BAC) of 0.15 or greater, judges can and often will order ignition interlock devices as a condition of release from jail. DWI Law Follow this link to see a sample of an ÒAdditional Terms and Conditions of BondÓ Order that is used in some DWI cases in Denton County. Your Driving Privilege: Sometime during your arrest you were offered the opportunity to provide a specimen of your breath or blood to be tested for the presence of alcohol. One of three things happened: 1. You refused and your driverÕs license is subject to suspension. (180 days if a first offense) You have 15 days from the date of your refusal to appeal the driverÕs license suspension. 2. You complied and the result revealed a blood alcohol concentration above 0.08. Your driverÕs license is subject to suspension. (90 days if a first offense) You have 15 days from the date of your failure to appeal the driverÕs license suspension. 3. You refused and your driverÕs license is subject to suspension. (180 days if a first offense) However, unwilling to accept your refusal, the arresting officer obtained a warrant allowing your blood to be forcibly extracted from your body. You have 15 days from the date of your refusal to appeal the driverÕs license suspension. These suspensions are referred to as Administrative License Revocations (ALR) and they can be appealed at ALR Hearings. Do not let the 15 day period expire without requesting an appeal!!!! If you have not already done so; get up from your computer, go find the ÒNotice of SuspensionÓ that the officer gave you, and call the Department of Public Safety at the number listed in the Òfine printÓ at the bottom of the page. (This page is usually colored pink or yellow.) Any attorney you hire can handle the appeal for you. However, there is little or nothing an attorney can do about your suspension if you let the deadline pass. NOTE: If you willingly submitted to a blood test your license is not subject to suspension for refusing to provide a specimen but, it can still be suspended if the lab report reveals a blood alcohol concentration of 0.08 or greater. The lab testing makes this process take longer than the process outlined above. The DPS will notify you by mail if you blood sample tests over the limit. That notice will also state their intention to suspend your driverÕs license for the test failure. You will have 15 days from the date of that notice to appeal your suspension. Follow the instructions above and do not lose your right to an appeal. ALR Hearings: An ALR hearing is a civil action, separate from the criminal case, where the Department of Public Safety attempts to suspend your driverÕs license for refusing to submit a requested specimen or for providing a specimen that reveals a blood alcohol concentration of 0.08 or greater. Because they are civil hearings, the burden of proof required of the State is lower than the Òbeyond a reasonable doubtÓ that is required in criminal cases. However, it is still an opportunity to protect your driving privilege. In addition, through the process of discovery, you and your attorney will get an early look at the evidence that was collected against you for your upcoming DWI case. You should always request an ALR hearing. There is no reason not to take advantage of the opportunities to keep your license and to see the evidence in your DWI case. There are many ways to succeed at these hearings and success means you do not have to deal with the hassle of a license suspension. Occupational DirverÕs License: If, in spite of our best efforts, we cannot prevent the Department of Public Safety from suspending your driverÕs license at the ALR Hearing we can petition the appropriate court for an Occupational DriverÕs License (ODL) in most cases. An Occupational DriverÕs License is a court-ordered driverÕs license. It allows the holder to continue driving during the suspension period for their regular driverÕs license but only for essential needs. For this reason Occupational DriverÕs Licenses are also referred to as essential need driverÕs licenses. We will draft a winning Petition for ODL for you. You will need to review it and sign the Petition before a Notary. Expect to provide a current copy of your proof of insurance to be included with your petition. We will file the Petition and set the matter for a hearing before the appropriate judge. At the hearing our questions will guide you through the process of proving both your eligibility for an ODL and your need for the ODL. ODLÕs are not available in all situations. Be sure to inform your attorney about everything that is on your driving record and exactly the reason your license is currently suspended. You can expect a judge granting an ODL to require; attendance at least one AA meeting, acquiring SR-22 insurance, maintaining a bound log book detailing every trip you make while driving under an ODL, and even installing an ignition interlock device into the car you will drive. License Suspension FAQ: DWI Law FAQs FAQs The DWI Charge: If you havenÕt done so already (and you should have) hire a lawyer now. It is NEVER too early to hire a lawyer when you have been arrested for a criminal offense. The earlier you employ an attorney the more that attorney (especially if it is me) can do for you. What can an attorney do? First, we will work with you to preserve and develop your defensive issues. Together, we can collect evidence that can be used to prove your side of the case. Evidence that can establish that you were not intoxicated, not driving, or should not have been pulled over in the first place (to name just three areas) is very valuable. We know where to look for valuable evidence and how to use it. The Court Documents: In every case we will review the legal documents filed with the court. These documents include Complaints, Informations, Indictments, and Probable Cause Affidavits. These documents define the technical elements of the case. Furthermore, these documents set forth what the State must prove in order to have you found guilty. If you have ever heard the term Òlegal technicalityÓ it is in these formal documents that many ÒtechnicalitiesÓ arise. They must be reviewed by competent counsel. Not only will we go over these important documents with a fine-toothed-comb but, we will include you in the process. We will make sure you know and understand what the court documents in your case say and what it all means to you. If there is any problem with any of these documents weÕll know, youÕll know, and when the time is right, the Prosecutors and the Court will know. The Evidence: What happens to a citizen accused of DWI largely depends on what the specific facts in a case are. The provable facts are determined by the admissible evidence in the case. It is our view that every piece of evidence is important. However, not all evidence is created equal. In DWI cases, the video tape is the king of the evidence. Video is king simply because juries that see intoxicated drivers on video convict. Juries who see sober citizens on video acquit. Your DWI defense attorney MUST know at least two things: 1. What to look for on a DWI tape. Here, I am not talking about vomiting on the officerÕs shoes. I am talking about the visible but technical evidence that appears on DWI video tapes. For example, prosecutors and police officers love to make a fuss about, so called, Standardized Field Sobriety Tests. To be Standardized and, in my opinion, to be of any use at all sobriety tests must be conducted correctly. The police officer will say that you failed the field sobriety tests. Will your attorney know by watching the video whether or not the officer is correct? 2. What will a jury think of what they will see on the video? Prosecutors and police officers will point to everything that can think of on a video tape (credible or not) and say that it is evidence of intoxication. Fortunately, the State and its agents do not have the final say on that. Jurors decide what is and is not persuasive evidence of intoxication. What things, if they look bad on the video, will push jurors to convict? What things, even if done poorly, carry little weight with jurors? Will your attorney know the difference? Another big evidentiary area is specimen testing. There are blood tests, breath tests, and (believe it or not) urine tests that are sanctioned by law to measure a personÕs blood alcohol concentration. What happens if you pass the test? The case is dismissed right? Wrong. The prosecutors will proceed to prosecute you for having lost the normal use of your mental or physical faculties or both. Legally, they are allowed to do this and factually, they will. Get an attorney early. It is much easier to talk a prosecutor out of filing a case than it is to talk a prosecutor into dismissing a case that he or she has already decided to file. What if I tested over the limit? IÕm guilty, right? A test over the legal limit can be good evidence but, it does not have to be the last word. I do not want to give away the farm here (you havenÕt even hired me yet) but, jurors can be suspicious of alcohol testing. Jurors are especially suspicious when the test result does not agree with the other evidence in the case. Further, at the risk of going too far, the State is not the only side in the case that can perform testing. Does your attorney know what resources are available to help you in your specific situation? Defenses: I have already touched on some possible defenses to DWI in prior sections. But, if you jumped here looking for hope, you have come to the right place. Every DWI case can be defended. Every DWI has the potential to be a not guilty or a dismissal. Sometimes you are busted and I write more about that below. However, your attorney should never approach your case assuming it is going to be a plea. Therefore, you should never hire an attorney that runs a Òplea mill.Ó Your attorney should assume that you were stopped illegally, that the investigation was faulty, and that your arrest was without probable cause. These are Constitutional defenses that should only be pried away from your attorneyÕs fist when overwhelming evidence has refuted his assumptions. Is your attorney looking for Constitutional violations? Would he or she know what to do if such violations are found in your case? If your Constitutional Rights are intact, what other defenses might be available to you? How do you look on the video? How will the jurors think you look on the video? The police say you failed the field sobriety tests but, did you? Were the field sobriety tests administered correctly? Will you have an attorney that can spot incorrectly administered sobriety tests on the video? Will your attorney know what to do about it? What about the breath test? Will your attorney give up if he or she sees a test slip that is over the legal limit? Even blood alcohol concentration tests can be challenged at trial. Does your attorney know what it takes to beat a test above 0.08? Does your attorney have what it takes to even try? There are all kinds of evidence in a criminal case. The police never gather it all. Is your attorney going to work with you to gather evidence that supports your side of the case? What if I did it? OK, I admit it. Real people do not like trials. Only the mutants that we call lawyers like trials. Even if you feel very strongly that you did what you are accused of, hire a good lawyer. Criminal Defense, as much as I like to brag, is not all Ònot guiltyÓ verdicts and dismissals. A big part of what I do for a living, my favorite part, is helping good people that just messed up. At one time in my career I was a bulldog of a prosecutor. I know very well that prosecutors, particularly the young ones that are assigned to DWIÕs, can think that they are saving the world by throwing good people to the wolves. You must have good representation. You do not need to be Òmade an example of.Ó The fact that I do try cases and that I do get verdicts will be respected in the plea bargain negotiations. My thorough investigations always turn up defensive issues that, at least, encourage prosecutors to offer a better plea bargain.
2. Buchanan & Meyer: Consequences of Guilty Plea in DUI/DWI Cases The first suspension in most drunk driving cases is the Administrative License Suspension (ALS). The ALS takes place immediately upon refusal to submit to the driving under the influence (DUI) tests, or upon testing over the state limit (usually .08) for breath. The ALS is usually handled by the state's department of motor vehicles before an administrative judge, not a criminal judge. If a motorist enters a guilty plea at this level, the motorist's license is typically suspended for a statutory time period. The next stage of a DUI offense (or DWI/OUI) involves the criminal justice system. If the offender pleads guilty to the DUI, he or she will be sentenced according to the governing DUI statute. A guilty plea has the same effect as losing at trial. It results in a criminal conviction. The penalties will depend upon whether or not the offender has prior offenses. It is important to recognize that for purposes of enhanced penalties, prior guilty pleas will be considered prior convictions. In the average first offense DWI case, the sentence usually includes a jail sentence which may be suspended, one to two years of supervised probation, a fine, court costs, community service, alcohol abuse screening, and mandatory driver improvement training. There is, of course, always the possibility in an egregious or unusual case in which the judge will require some time in jail. A multiple offender will serve real jail time and risk prolonged suspension of his or her driver's license. A guilty plea is made in open court in writing and there must be a determination on the record that the plea was made voluntarily, competently, and with understanding of the nature of the charge, of his/her legal and constitutional rights, and of the consequences of his/her action. In addition the court must determine if there is a factual basis for the plea. Occasionally, an offender may enter a guilty plea to take advantage of a plea bargain to a lesser or non-DUI offense. Some states have enacted plea-bargaining restrictions, while other states do not permit plea negotiations in specific circumstances, such as cases involving serious injury or death or where the offender had a very high blood alcohol content. An OUI / DUI / DWI conviction plea of "guilty" will be a permanent part of the offender's driving record. Moreover, a guilty plea is reported to the state driver's license agency, which in turn, may report it to the National Driver's License Registry. These computer records are accessible to driver's licensing agencies nationwide. The home state of any non-resident driver will receive a notice of any case disposition occurring in the reporting state. In almost all cases a guilty plea in a criminal case will result in a license suspension in the non-resident's home state.
3. Watt, Howard: Drunk-Driving Offense If you were arrested for driving while intoxicated (DWI) and it is your first offense, you might not fully understand the seriousness of the charges against you or the importance of retaining an attorney to protect your rights. Texas law sets harsh penalties for DWI convictions, including license suspension, fines and possible jail sentences, even for the first offense. The penalties escalate sharply if the charge is for a second or third offense. If your arrest is a third offense or if you injured or killed a person, you will face felony charges. A drunk-driving conviction remains on your record forever, and you will face a long list of consequences, including: * Driver Responsibility Tax (up to $2,000) * Vehicle immobilization or impoundment * Alcohol-abuse assessment and treatment * Insurance-rate increase * Cancellation of auto insurance * Mandatory alcohol-safety school * Job loss * Mandatory community service A DWI offense in Texas results in a criminal case and a civil case related to your driverÕs license and driving record. At the time of your arrest, the police officer will take your driverÕs license and issue a temporary driving permit that expires in 41 days.
4. Story, Lisa: Question: Is there a difference between a DUI and a DWI? Answer: In the state of Texas, there is a difference. A DUI is a citation for "Driving Under the Influence" of alcohol. This is a citation usually given to people under the age of 21, and a law enforcement officer may or may not ask the person for a specimen of their breath or blood for analysis. A DWI is a citation for "Driving While Intoxicated" due to the introduction of alcohol or another drug into the body that causes impairment to mental and physical faculties. This is a citation given to both people under and over the age of 21. Following a DWI arrest, a law enforcement officer will ask the person for a specimen of breath or blood for analysis.
5. Bowen Law Group: When people contact our office, one of their first concerns is the suspension of their driver's license. If you have been arrested for DWI, you must request for a driver's license hearing (ALR hearing) within 15 days. 1. I was just arrested for DWI; should I wait to hire an attorney? NO. You have only 15 days from your arrest to request a hearing on your driver's license. This hearing is very important to your case. You should act fast. 2. I was arrested; is this something I can really fight even if I don't look good? YES. An experienced DWI attorney can defend a DWI case even if you look bad on tape or you failed the Breath test. There are several legal requirements that officers must follow on a DWI arrest. 3. The officer told me he had me on tape; will that work against me? NO. A video tape can often aid in your defense. You may look better than you thought, and the officer may have not done what he is trained to do. An experienced DWI attorney can make the tape work for you. 4. I took the breath test, and I think I failed; is the case over for me? ABSOLUTELY NOT. There are several things an officer must do in giving you a Breath or Blood test. Also, juries can return a not guilty verdict even with a Breath or Blood test. 5. I was told never to take a breath test. I was arrested; how do they show I was drunk? In Texas; intoxication can be proven one of three ways: (1) 0.08 or more, (2) not having your normal mental faculties, OR (3) not having your normal physical faculties. 6. If I take the Breath test or Blood test and pass, will the Police release me to go home and not file the DWI? NO. There are three ways the Government can prove intoxication. Police do not let you go home. When you are requested to take a Breath or Blood test, you are ALREADY UNDER ARREST. The Breath or Blood test is only a formality. The Police will not un-arrest you if you pass the breath test. A Blood test takes time get back from the lab. 7. Can I refuse the Breath or Blood test? Can the fact that I refused be used against me? Yes. The fact that you refused the Breath or Blood test can be used against you in your DWI trial; however, most people have been advised by friends, family, and others not to take the test. Unless you are POSITIVE you will pass, you probably should not take the Breath or Blood test. 8. I was involved in an accident and the officer requested that I take a Blood test; can they to that? Yes. In Texas, the officer has the option to request a Breath or a Blood test. 9. I decided to take a Blood test; can the case be defended? Yes. Blood tests are tough because juries tend to rely heavily on a Blood test. However, a skilled DWI lawyer who knows the procedures on how blood is tested and how blood is handled by police and the labs can give you the best defense possible. Just because you took the test does not mean the Government can present it to a jury in your DWI trial. 10. Can I be charged with DWI when all I did was take the medication the doctor prescribed? YES. The law allows you to be charged with DWI when you have legally taken drugs. You need a skilled DWI lawyer to address these issues. 11. The officer had me do some tests; what are they for? These were Field Sobriety Tests (FSTs). There are three standardized field sobriety tests - the HGN (eye test), the Walk and Turn, and the One Leg stand. Police use them when investigating a DWI to try and determine whether someone is intoxicated. 12. What does "standardized" mean, and how does that affect me? Standardized means that tests must be demonstrated, instructed, and performed the same way every time. It is important to have a skilled DWI attorney who knows what to look for to make sure the police officer demonstrated, instructed, and performed the tests with the adopted procedure. 13. What is an ALR, and can it be won? An ALR hearing is an Administrative License Review hearing. This is the hearing that determines whether or not your driver's license will be suspended as a result of refusing or failing the breath or blood test when you where arrested for DWI or DUI. Yes, an ALR can be won. These hearings offer a wealth of information and are very important to your case. 14. I have to drive for work and there is no public transportation; how do I get there? If an ALR hearing is requested within the first 15 days, your driving privileges are restored until the ALR judge makes a determination to suspend your driver's license. If the judge suspends your driver's license, you may be eligible for an occupational driver's license. 15. If I win my DWI trial, can I get the records destroyed? YES. In most cases, if you are acquitted of DWI or DUI, you are entitled to have those records expunged (destroyed), and often the ALR suspension can also be removed from your driving record.
6. Breading, Lee Ann: Far too often, when people find themselves suspected of a crime, they think they can "just clear this up." The police give the impression that it would be in their best interest to go down to the police and tell their side of the story. The officers seem simply to be collecting facts. They seem to want to help you. They do not. The police are not collecting facts, they are collecting evidenceÑagainst you.
7. Dobson, Earl: A criminal conviction for drunk driving can have lifelong consequences. It is important to take action to avoid or limit these consequences by choosing an experienced DWI defense lawyer.
8. JT Borah: There are two important aspects of the criminal justice system to remember-- the presumption that a defendant is innocent and the burden on the prosecution to prove guilt beyond a reasonable doubt. The penalties for a DWI offense are very serious, even if it is your first offense. The possible penalties include: * Jail time * Probation * Community service * Random testing for drug and alcohol use * Restricting your travel out of Texas * Fines, court costs and restitution * Attendance in alcohol treatment programs * DWI education classes * DWI Victim Impact classes Criminal punishment aside, a DWI conviction can affect your life in many other ways. For example, a DWI conviction may result in suspension of your driver's license and increased auto insurance premiums. You will also have to pay a surcharge of $1,000 to $2,000 per year for your driver's license for a period of three years. I want to help you avoid license suspension or obtain restricted status, which will allow you to drive for the purposes of work and household duties. The consequences become more severe once you are charged with a second DWI offense. The state can suspend your driver's license for one year. During that time you will not be allowed an Occupational Driver's License. This restriction will affect both you and your family, as it will drastically affect your ability to work and deal with your family's needs.
9. James Horton: ou should consult an attorney for individual advice regarding your own situation.
10. Boswell & Moore: A drunk driving arrest in Texas can be an intimidating and confusing experience. A Driving Drinking and DrivingWhile Intoxicated conviction will stay on your permanent criminal record, inhibiting your liberties for years to come. A DWI arrest can result from a mistake in judgment or a mistake on the part of the police. At Boswell & Moore, we help people from all walks of life who are facing DWI charges, including students, professionals, parents and grandparents. We realize that people who have never before been in trouble with the law can lose their driverÕs license and suffer lasting consequences if convicted of driving while intoxicated.