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Search for Texas DWI
Attorneys by County.
Denton DWI Lawyers
- Bowen & Lloyd:
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.
- 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.
- 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.
- Rick Hagan:
You should consult an attorney for individual advice regarding your own situation.
- 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.
- James Horton:
ou should consult an attorney for individual advice regarding your own situation.
- 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. If you have been arrested near Denton
- Hill & Hill:
You should consult an attorney for individual advice regarding your own situation.
- Derek Adame:
Drunk driving (DUI / DWI) charges are serious, and require serious
representation. A conviction for drunk driving can result in
incarceration, high fines, probation, loss of your driverÕs license,
high insurance premiums, difficulty finding employment, and other
serious consequences that can impact your life for years to come.
- Christine Ventura:
Driving While Intoxicated ("DWI") is considered a serious crime in
every state. DWI and Driving Under the Influence ("DUI") refer to the
same crime. Drinking alcohol or taking drugs may affect your ability to
operate cars, boats or industrial equipment in a safe manner. It is
against the law in every state to drive under the influence of alcohol
or drugs if you cannot safely operate your vehicle.
If the police observe you driving erratically or violating traffic
laws, they are permitted to stop and question you for a DWI violation.
If they suspect that you are intoxicated, they can ask you to submit to
various tests, including a blood alcohol test.
Blood Alcohol Content
When you consume alcoholic drinks, alcohol is absorbed into your
blood stream. The level of alcohol in your blood, called the Blood
Alcohol Content (BAC), can be measured by different tests. In most
states, you are presumed to be drunk and unable to operate a vehicle
safely if your BAC is .10 or greater. This measurement means that your
blood contains ten/one-hundredths percent of alcohol. In some states,
legislatures have lowered the BAC level defining intoxication to .08.
If the police suspect that you are drunk, they can require you to
take a breathalyzer or other test to measure your blood alcohol
content. Refusal to take a test may result in an automatic suspension
of your license for a long period of time, as much as six months or a
year, depending upon the state.
You also can be convicted of drunk driving without the results of a
blood alcohol test or if your blood alcohol test result is lower than
the statutory amount. A jury may convict you based on evidence that
your breath, conduct, language, and motor movements showed that you
were drunk and unable to drive safely.
Punishment
The penalties for drunk driving are serious.
- Punishment for first time offenders includes suspension of driving privileges, points on your driver's license, and fines.
- Punishment for second and subsequent offenses increases significantly and usually means jail time.
A drunk driving conviction also generally causes your automobile insurance premiums to increase dramatically.
Many people charged with drunk driving request a trial to fight the
charge. Legal defenses may be raised to defeat the drunk driving charge
or reduce the penalties. You will need a lawyer to adequately defend
yourself at trial.
- Molly Rodgers:
In order to determine if the good faith exception will protect an
otherwise improper search from the consequences of the exclusionary
rule, the following question must be asked: could a "reasonably well
trained police officer...have believed that there existed probable
cause" to conduct the search? If the answer is "yes," the good faith
exception will usually permit the admission of recovered evidence
despite a Fourth Amendment violation.
In states that apply the good faith exception, illegal searches that
arise out of the following circumstances maintain their illegal
character, i.e., are not deemed appropriate by the good faith
exception: The affidavit in support of the warrant contained
intentional misrepresentations The warrant was issued in disregard for
judicial obligations The warrant was so lacking in probable cause that
no official could find it reasonable The warrant was deficient on its
face The warrant was improperly executed
- Tackett & Peugh:
People often use the terms "DWI" and "DUI" interchangeably. However,
each term has a separate and distinct meaning. Driving under the
influence or "DUI" is an offense involving a minor driving with any
detectable amount of alcohol in his or her system. DUI is a Class C
misdemeanor. Driving While Intoxicated is an offense committed
when a person operates a motor vehicle in a public place while
intoxicated. Intoxication does not necessarily mean "drunk".
Intoxication, as it applies to DWI means not having the normal use of
physical or mental faculties due to the introduction of alcohol, a
controlled substance, a drug, a dangerous drug, or any combination of
those substances. Intoxication also means having and alcohol
concentration of 0.08 or more which may be detected by a breath, blood
or urine test. Driving while intoxicated cases are punishable as follows: | Offense | Confinement | Fine | 1st offense DWI | 72 hours to 180 days | $2,000 maximum | 2nd offense DWI | 30 to 365 days | $4,000 maximum | 3rd or more | 2 to 10 years | $10,000 maximum | DWI with child | 180 days to 2 years | $10,000 maximum | passenger | | | Intoxication assault | 2 to 10 years | $10,000 maximum | Intoxication manslaughter | 1 to 20 years | $10,000 maximum |
FAQs Q: | Am I guilty of DWI if I've only had a couple of drinks? | A: | It
is not against the law to drive after having one or more drinks. It is
against the to driving after having lost the normal use of physical or
mental faculties due to the introduction of alcohol, a controlled
substance, a drug, a dangerous drug, or any combination of those
substances. | Q: | When stopped for DWI, should I do the field sobriety tests? | A: | No.
Believe it or not, the field sobriety tests (FST) will show evidence of
intoxication even if you've had nothing to drink. The FSTs are
activities that regular citizens do not normally perform. Inevitably,
mistakes will be made. If the police officer is asking you to do FSTs,
he suspects you are intoxicated. Any mistakes made, no matter how
minor, will be considered evidence of intoxication and confirm what the
officer already believes. | Q: | But, if I cooperate with the police, won't they go easy on me? | A: | Do
not perform any field sobriety tests (FST) or answer any questions. If
the police officer says he smells alcohol on your breath, more than
likely you will be arrested no matter how well you do on the FSTs. In
most cases, the traffic stop, arrest, and offer of a breath test will
be videotaped. It is, therefore, important that you act on your best
behavior. Do not curse at the officer and be polite. However, when the
officer asks you to perform FSTs or to answer questions, tell him that
you are unsure of your rights and you would like to consult an attorney
prior to performing any physical tests or answering any questions. He
may tell you that "at this point" you don't have the right to an
attorney. Politely but firmly reiterate that you would like to speak
with an attorney. Remember, you cannot be forced to answer any
questions or perform any tasks. But, be polite. | Q: | Should I take a breath or blood test if arrested for DWI? | A: | Generally
the answer is "no", unless you've had absolutely nothing to drink. The
Intoxylizer 5000 uses antiquated technology which has been known to
fail. It may also be tampered with so as to affect the results. In
fact, one well known law enforcement official refused a breath test
because he feared the operator had a political agenda. You should also
refuse a blood test, unless you've ingested neither alcohol nor drugs,
even prescription medication. The blood test is designed to detect
levels of both alcohol and drugs which may affect your physical or
mental faculties. | Q: | How do prescription medications affect my case? | A: | You
can be intoxicated as a result of ingesting alcohol, drugs, or any
combination. Telling the police officer that all you've taken is
prescription medication will not help your DWI case. If you tell the
officer you've taken medication (assuming it is a type that affects
physical or mental faculties), you are providing another piece of
evidence to be used against you. | Q: | If I refuse a breath or blood test, won't my license be suspended? | A: | If
you are 21 year of age or older and a breath or blood test shows an
alcohol concentration of 0.08 or greater, the State will suspend your
license for 90 days. If you refuse a breath or blood test, your license
will be suspended for 180 days. The State imposes a longer suspension
for a refusal in an attempt to encourage you to submit to a breath or
blood test. Do not let that sway you. In either case, you are likely
entitled to an occupational driver's license (ODL) to allow you to
drive to and from work and in the performance of essential household
duties. So why unnecessarily provide evidence against yourself? | Q: | How do I get an occupational driver's license (ODL)? | A: | We
can help you get an ODL to allow you to drive during the period of you
license suspension. We will take care of every step in the process of
obtaining an ODL. We will draft the petition, file the petition, and
educate and prepare you for the ODL hearing. | Q: | What is an ALR, and is it important? | A: | An
ALR is an administrative license revocation hearing, which must be
requested within 15 days from the date of your arrest. It is an
opportunity to challenge the suspension of your driver's license. It is
also important for two other reasons. First, it allows your attorney to
obtain a copy of the police report and question the arresting officer
under oath. This is extremely important for evaluating the case for
trial. Second, requesting an ALR hearing delays the starting date of
your suspension, which will allow you to hire an attorney and obtain an
occupational driver's license. If the ALR hearing is not requested
within 15 days, the suspension will begin 40 days following the arrest
(or notice of suspension). | Q: | If convicted of DWI, am I going to jail? | A: | Whether
jail time is an appropriate punishment for DWI depends on the facts of
the case and the criminal history of the person charged. For a first
time DWI with no aggravating factors (e.g. extensive criminal history,
accident, belligerent defendant), most defendants can expect probation.
However, the range of punishment does include jail time as a
possibility. |
- Denver McCarty:
Is it possible to defend a blood test case? Yes. Although blood test
cases are particularly demanding of a lawyers skill, these can be
defended in a variety of ways. Such cases are unique and demand a
complete investigation by a skilled lawyer.
- Keith Orsburn:
In order to prove the case of DWI, the State of Texas is not required
to prove one is "drunk." The law only requires a loss of normal usage
of physical or mental facility or a blood alcohol level of .08.
Many times this level may slip up on one after
only a few drinks and with out any desire to be intoxicated. Often,
even a slight "buzz" may be sufficient for the State to prove
intoxication. Many fine citizens have been pulled over after a few
drinks and unbeknown to them be legally intoxicated.
- Dryburgh Moraine Borah Crosbie & Scofield:
A properly tried DWI trial is one of the most technically complex trials
encountered in criminal defense litigation. From developing a knowledge base
for effective cross examination of the State's "expert" witnesses, to motions
excluding irrelevant and improperly obtained evidence, diligent representation
of a citizen accused is paramount. At Dryburgh Moraine Borah Crosbie &
Scofield, we fully investigate the factual and legal nuances of each case, and
put together an effective trial strategy based upon our training, experience,
and our client's desires.
- Hays, Coffey & Berry:
DWI/Driver's Licence Suspensions/ALR Hearings - Driving While Intoxicated is a
very complex and confusing part of criminal law. It is important to contact an
attorney immediately because the first important step occurs within the 15 days
after the arrest. A written request for the ALR hearing must be made in writing
and it is best if an attorney assists you in this request. The hearing is the
second most imporatant step in a DWI defense.
- Tim Powers:
If a defendant pleads guilty or no contest to a DWI case - there will always be
a conviction on a criminal record (no such thing as a deferred adjudication on
DWI cases).
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