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Friendswood, Galveston, Georgetown, Gonzales, Grand Prairie, Heath DWI Lawyers

1. Friendswood
   1. Prendergast, Kevin: Civil Criminal Law Divorce DUI DWI Elder Law Estate Family Law Probate Traffic
   2. Richard Cope: The "right to drive" is a privilege which is governed by the individual states. Traffic violations are a mix of regulatory and penal (criminal) offenses based on violations of state statutes and city ordinances relating to the operation of vehicles, specifically driving under the influence of alcohol or other substances that impair the ability to drive.
2. Galveston:
   1. Bob Moore: Nobody should drive any vehicle if they have had any alcohol to drink. The new standard for blood-alcohol content to establish a "prima facie case of intoxication" is .08. This level is reached by normal people who have had "two beers" or "two drinks" which contain one ounce of alcohol. The refusal to give a "breathalyzer test" when stopped will automatically result in the loss of your Driver's License for sixty (60) days, unless a good defense can be established at an Administrative Hearing. If the calibration of the machine is off, or if, in the Officer's opinion, the other actions of the Defendant are evidence of intoxication, convictions can result even without the use of a "breathalyzer test." It has been computed that a first-time offense for Driving While Intoxicated will ultimately result in a cost of approximately $15,000.00 to the individual, over the course of the next five (5) years following that arrest. This is an astronomical price to pay for taking any such risk. existing alternative "treatment stategies" ... are available under current Texas law. Such alterntive forms of punishment include the SAFP Program and punishments in Modified Therapeutic Communities where the emphasis is on discipline and developing recovery skills, rather than receiving straight jail time or prison time. These sentences are ususally available for repeat drug offenders or alcoholics who, when given an opportunity other than straight incarceration, have a better chance of not being a repeat offender when their sentences are completed. This becomes a "win-win" result for the client as well as our society.
   2. Tad Nelson: You are not required to speak with the police. Remember who you are dealing with, and always be polite. It is always best to ask to speak with your attorney before you answer any questions. However, if the officer indicates he smells alcohol, a reply that you had one drink or two beers might not be such a bad answer.
3. Garland
   1. Humphreys & Peterson: Driving While Intoxicated, DWI (also known as drunk driving) charges are prosecuted with a high level of intensity and reliance on questionable evidence. Despite claims that the science behind Field Sobriety Tests and BAC calculations are objective and accurate, most DWI arrests are based on subjective evidence. The Standard Field Sobriety Test (SFST) is considered by law enforcement agencies as an objective measure used to gauge an individual's level of intoxication. But unlike most scientific tests that are conducted under strict controls in laboratories, Field Sobriety Tests are often conducted on the side of the road or in a parking lot. In addition, the directions the officer communicates to the suspect must be both precise and understood. If there is any miscommunication, then the observed results may not be accurate.Driving While Intoxicated (DWI) cases must be defended aggressively by a highly qualified and experienced criminal attorney. When you choose an attorney make sure that attorney has understands the all the tests used to prosecute a DWI cases. You need an attorney who also understands police training and Breathalyzer calibration. Texas DWI Classifications and Punishment Ranges DWI Π First Offense is a class B misdemeanor with a punishment range of 72 hours to one hundred eighty days in the county jail. Generally, people will be eligible for community supervision (probation) on a first conviction. DWI Π Second Offense. A second DWI is a class A misdemeanor that is punishable by 30 days to one year in the county jail and up to a $4,000 fine. Most District Attorney offices require mandatory jail time for a second offense DWI. DWI Π Third Offense or Higher A third arrest for DWI is classified as a third degree felony that carries not less than two nor more than ten years in prison and up to a $10,000 fine. DWI with an open container of alcohol Π First Offense This is a Class A misdemeanor as well, the only difference in punishment between this charge and a DWI -first offense is that here the minimum is six days. DWI with an accident causing serious bodily injury caused by the intoxication If someone is injured or killed during an accident and you're accused of DWI, then you could be charged with Intoxicated Assault or Intoxicated Manslaughter. Intoxicated Assault is a third degree felony punishable by not less than two nor more than ten years in prison and up to a $10,000 fine. Intoxicated manslaughter is a second degree felony with a punishment range of two to twenty years in prison and up to a $10,000 fine. DWI with a child passenger If there is a child passenger in the car and you are arrested for DWI, then the offense is a state jail felony offense with a punishment range of one hundred eighty days to two years in a state jail facility and up to a $10,000 fine. It does not matter if it is your first arrest. Why are Driving While Intoxicated (DWI) convictions are becoming even more expensive? In 2003, the Texas Legislature passed a law requiring people convicted of driving while intoxicated to pay an annual surcharge on their driver's license for the first thirty six months following their conviction. The surcharge schedule is as follows: $1000 per year for a first driving while intoxicated conviction $1,500 per year for a second or subsequent driving while intoxicated conviction within thirty six months of a previous conviction. $2,000 per year if it is shown at trial that the person's breath, blood or urine concentration was 0.16 or more at the time the analysis was performed. All of these fees are in addition to your attorney's fees, community service fees, fines, court costs, Ignition Interlock devices, DWI classes and any substance abuse education.As you can see, DWI's in Texas are not cheap. A good attorney could end up saving you money in the end.
4. Glen Rose
   1. Terry Russell: It is not illegal to consume alcoholic beverages and drive in Texas, but be mindful that it is illegal to drink alcoholic beverages while driving. As most are well aware, DWI is a crime, and is vigorously enforced in Texas, so the question remains as to what point does it become illegal to drive after having consumed alcoholic beverages.
5. Georgetown
   1. Martin, Clovis: Driving While Intoxicated PC € 49.04 Driving While Intoxicated is found under € 49.04 of the Texas Penal Code. The definition of "intoxicated" means: not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of the two or more of those substances, or any other substance into the body; OR having an alcohol concentration of 0.08 or more. It is important to note that taking prescribed medication alone or in combination with another drug or alcohol can result in a DWI arrest and possible conviction. Generally, all that is required from the state to prove the offense of Driving While Intoxicated is that the defendant did not possess the normal use of their mental or physical faculties, or that the defendant's blood or breath tested above the legal limit. However, if there is no breath or blood sample, the loss of one of their faculties and not the other may be explained by other means. Unless a prior conviction for DWI exists or a child passenger was in the vehicle (younger than 15 years of age), an arrest for DWI will result in a charge of a Class B Misdemeanor. This is the most common DWI charge in Williamson County. A Class B Misdemeanor carries a punishment range up to 180 days in jail and a $2000 fine. A subsequent arrest with a prior DWI conviction and no aggravating circumstances (and no child passenger) is a Class A misdemeanor that can result in up to 1 year in jail and up to a $4000 fine. A third DWI arrest with two prior convictions is a third degree felony. In addition, being charged with Driving While Intoxicated immediately threatens your driver's license. You only have 15 days from the date you received the Notice of Suspension (generally, the date of your arrest) to request an administrative license revocation (ALR) hearing; otherwise, the state will suspend your license and driving privileges 40 days from the date of your arrest. A licensed driver 21 or over that submits to a breath or blood test and is over the legal limit will receive a mandatory 90 day driver's license suspension. If the same licensed driver refuses to submit to a breath or blood test, the period of suspension is enhanced to 180 days. Driver's license proceedings, including occupational driver's license hearings, are separate from your criminal case, and I regularly handle both on behalf of my clients. An occupational driver's license will enable its holder to drive to many places including: their place of employment, school, the grocery store, post office and to conduct essential household duties. It is important to note that anything you say or do may be used against you in court. Whether or not you have provided the state with a breath or blood test or submitted to field sobriety tests, you should contact an attorney immediately for legal advice. The Pre-Trial Intervention Program There are multiple criminal defense options available for people who have been charged with a DWI. You may qualify for a special program in Williamson County called the Pre-Trial Intervention Program. This is a six month program that is only an option for first time offenders. Under this program, you are able to avoid prosecution if you remain law abiding and follow all the other terms of the program. Additionally, if you are accepted and complete the program successfully, your charge will be dismissed and you will be eligible to expunge the arrest and charge from your record. Getting your DWI charge dismissed will also save you the expense of yearly surcharges required to maintain your driving privileges. One must apply to the Pre-Trial Intervention Program through an attorney and it is a good option for many people, but it's not for everyone. It is important to have a lawyer review your case to determine whether the prosecution has sufficient evidence against you before considering this option. Evidence that was obtained in an illegal search or seizure can be suppressed, which may result in dismissal of your charges. For example, the police must have legal justification to conduct a traffic stop. I will carefully examine the police report, the video and all other evidence before advising you on an appropriate DWI defense strategy.
   2. Terra, Gregory: Charge Overview - Driving While Intoxicated (DWI, TX Penal Code, €49.04) Although Driving While Intoxicated (DWI) is one of the most common misdemeanor charges in Williamson County, it is undoubtedly one of the most complex, due to traffic stop issues, breath/blood test issues, ignition interlock issues, driver's license suspension issues, and TX DPS surcharges (if convicted you must pay $3-6 thousand in surcharges to DPS over a three year period to keep your Texas driver's license). It is important to hire an experienced attorney quickly because you only have 15 days from the date of your arrest to request a hearing on the suspension of your driver's license. If the hearing is not requested in a timely manner, your Texas driver's license, or privilege to drive in Texas on the license issued by another State, will automatically be suspended 40 days after the date of your arrest. To be guilty of DWI, someone must "operate a motor vehicle in a public place" while "intoxicated." Operation of the vehicle (actual behind-the-wheel driving) is clear when the person is stopped by the police for a traffic offense, but in other situations driving is less clear (for example if someone is found sleeping in the car). Highways, roads, and streets are "public places," but other areas may not be. Even whether or not the vehicle is a "motor vehicle" can be a legal issue, for example if the person was driving a golf cart, go-cart, or scooter (all actual prior cases). Typically, the central issue in a DWI case is whether the person was "intoxicated." "Intoxicated" is defined by €49.01(2) of the TX Penal Code as "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; OR having an alcohol concentration of 0.08 or more" (at the time of driving, not when the breath/blood sample was taken). In cases without a breath or blood test result, "intoxication" is essentially any combination of alcohol and/or drugs (over-the-counter, prescription, or illegal) that causes the person to lose the "normal use of mental or physical faculties." Normally, there will be a police video associated with the detention and arrest of someone for DWI, showing the person's driving, initial detention, and performance on the three Standardized Field Sobriety Tests (SFSTs). An experienced DWI attorney will obtain the complete police report and tape, and review them with you before the initial court date. A 1st offense DWI (without a child passenger) is a Class-B misdemeanor and is punishable by up to six months in jail and/or an optional fine not to exceed $2000. A 2nd offense DWI (without a child passenger) is a Class-A misdemeanor and is punishable by up to one year in jail and/or an optional fine not to exceed $4000. A 3rd (or more) offense DWI, or a 1st offense DWI with a child passenger in the vehicle, is charged as a felony. Charge Overview - Driving Under the Influence of Alcohol (DUI, Alcoholic Beverage Code, €106.041) Contrary to popular misconception, you cannot be charged with DUI in Texas unless you are a minor (under age 21 at the time of the offense). Because minors cannot legally drink or purchase alcohol, they cannot legally operate a motor vehicle in a public place with "any detectable amount of alcohol" in their body, meaning just one drink. Minors can (and likely will) be charged with DWI if they are believed to be "intoxicated" (see definition above), otherwise any odor of alcohol on their breath or admission to drinking any alcoholic beverages will lead to their arrest for DUI. Many of the same driver's license issues facing those charged with DWI are applicable in DUI cases, so it is equally important to hire an experienced attorney within 15 days of the arrest. A 1st offense DUI is only punishable by a fine not to exceed $500, but simply paying the fine and accepting a conviction, the easy thing to do in the short-term, can have long-term consequences and the charge generally sounds much worse than it really was to prospective employers, college admission boards, etc. In many other states the only charge available is DUI, so a conviction for DUI is assumed to be the same thing as a DWI in Texas, meaning "intoxicated."
   3. Price, Michael: There are three categories of misdemeanors, each with their own punishment ranges. Following are categories and examples of each. The examples are for illustration only: CATEGORY RANGE OF PUNISHMENT EXAMPLE Class A Up to a year in jail and up to a $4,000.00 fine Assault Bodily Injury Class B Up to six months in jail and up to a $2,000.00 fine DWI Class C Up to a $500.00 fine Possession of Drug Paraphernalia Some misdemeanors may have special fines or minimum jail sentences. Each circumstance will be more fully explained during the initial consultation.
   4. Morales, Mark: How long will it take for my case to be resolved? MISDEMEANOR: When a person is released from jail on a misdemeanor, they will receive a court date in approximately 2 to 4 weeks . If an attorney is retained before that time, the person will not have to appear at the first date. Generally speaking, a client will then have 1 to 2 announcement settings where the client and his attorney decide what will happen on the case and announce to the court that a plea bargain has been reached or they are ready for trial. This process can take anywhere from 1 to 3 months and even up to 6 months or longer if the case goes to trial. However, it is not uncommon for a case to get dismissed quickly or to reach a plea bargain early in the process which would expedite the case.
   5. John Duer: If you were arrested for Driving While Intoxicated (DWI), Driving While License Suspended (DWLS), or No Insurance on or after September 1, 2003, take note:
      The Legislature has prescribed new financial penalties to be levied against your driver's license if you are convicted of these offenses. These penalties are as follows:
      

   6. First offense DWI: $1000 per year for 3 years
   7. Second or subsequent offense DWI: $1500 per year for 3 years
   8. ANY DWI with a breath, blood or urine test at or above 0.16: $2000 per year for 3 years
   9. ANY DWLS: $250 per year for 3 years
   10. ANY No Insurance conviction: $250 per year for 3 years

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       So What Should You Do?

       First and foremost, talk to a criminal defense lawyer well before your first court date! In fact, you should talk to a criminal defense lawyer as soon as possible after your release from jail. I say this because, in addition to the hefty financial penalties mentioned above, you have to decide -- within 15 days of your arrest -- whether or not you want to contest the DPS's suspension of your license under the Administrative License Revocation (ALR) program. (That's the program that allows the DPS to suspend your license for "failing" or refusing a breath or blood test.)

       (And while we're talking about the breath or blood tests: since blowing a 0.16 or higher could end up costing you $500-$1000 more PER YEAR if you are convicted of the DWI, why in the world would you submit to the test in the first place? I know this advice comes too late for anyone reading this who is already charged with DWI, but perhaps you can keep it in mind should you be stopped again.)

       Hiring a criminal defense lawyer is really the best way to handle any criminal case, and not just because that's what I do for a living. The prosecutors know me better than they know you, and they will negotiate with me on a more even footing (at least, they will until they read this page!). However, even if, for whatever reason, you don't want to hire a lawyer, keep reading.

       Second, consider setting your case for a trial by jury. I recommend this option, even if you decide to represent yourself rather than hiring a criminal defense lawyer. While asking for a jury trial may only postpone the inevitable, at least you're not having to pay the DPS while your case sits on the court's docket, awaiting its turn to be tried.

       How to get on the jury trial docket without a lawyer: 1) Go to your first appearance in the court, plead not guilty, and inform the court that you intend to represent yourself; 2) Between that court date and the date of your announcement docket (the next court date the judge gives you, after you plead not guilty), write to the county attorney's office, inform them you are representing yourself, request their standard discovery package (they may make you come to their office and sign a form), and ask for a plea recommendation; 3) Once the county attorney's office has given you a written plea offer, call the court and request a jury trial setting.

       The court may give you a jury trial DOCKET setting, as well. If it does, you must appear in court on that date, as well. These dockets are usually held the Tuesday before the Monday the case is set for trial, and you should get a pretty good idea at this setting whether or not you will be up for trial the following week.

       Once your case is on the jury trial docket, it's a waiting game. Williamson County courts do their best to try the oldest cases first, which means it may be several months before your case comes up. CAUTION: Because cases "fall through" frequently, it may happen that your case becomes the "number 1" trial case for a given jury week. At that time, you will have to decide whether to actually go to trial, or to accept a plea offer from the prosecutor. Here is just one more point in the process where the advice of a criminal defense lawyer is very helpful.

   11. Robert Phillips: It is important to contact an attorney immediately after being arrested in order to preserve your rights as a defendant. In DWI cases, for example, you have 15 days from the date of arrest to request a hearing to review whether your driverΥs license will be suspended. If you, or your lawyer, do not make this request by the 15th day, your license will automatically be suspended on the 40th day after arrest.
   12. Grimes & Copenhaver: In today's legal environment, matching your needs with the correct firm is crucial to the successful outcome of your legal matters. Like so many other areas, in law, the pace of change can be overwhelming.
6. Gonzales
   1. Reese & Williamson: In 2004, the U.S. Supreme Court held in U.S. v. Dominguez Benitez that a defendant seeking to obtain relief for an unpreserved Rule 11 failing must show a reasonable probability that he would not have pleaded guilty if he had been appropriately warned. In the Dominguez Benitez case, the defendant agreed to plead guilty on a conspiracy count, according to a plea agreement that provided the prosecutor would dismiss another charge for drug possession and recommend that the sentencing court authorize a reduced minimum sentence. Although the written plea agreement said that the defendant could not withdraw his plea if the court did not accept the prosecutor's recommendations, the district court failed to warn the defendant as such in the plea colloquy, as Rule 11 instructs. Subsequently, the district court determined the defendant ineligible for a reduced sentence and sentenced him instead to the mandatory minimum sentence for the conspiracy count.
7. Grand Prarie
   1. Nicole Thibault: Have You Been Charged with A Crime? If you have been charged with a crime, or are about to be charged with a crime. It is very important that you obtain the advice of counsel as soon as possible. 1.ΚΚΚΚΚΚ You Have a Constitutional Right to Have an Attorney Present When Questioned by Police; 2.ΚΚΚΚΚΚ Anything You Say Can and Will Be Used Against You in a Court of Law; 3.ΚΚΚΚΚΚ According to the Fifth Amendment of the United States Constitution, you cannot be compelled to incriminate yourself. However, many people who are charged with a crime make statements that are self-incriminating because they do not seek the advice of counsel. Don't make that mistake! Anything you say to the police during an investigation can and will be used against you in a court of law. Criminal Liability Historically in our criminal-justice system, two things must have been present for criminal liability to attach to an action. One -ΚΚΚΚΚ A person must have the intent to take the criminal action andΚΚΚ Κ Two -ΚΚΚΚΚThere must be a guilty act.Κ Both of the above pre-requisites must take place in combination with each-other in order for the commission of a crime to take place. Classifications of Crimes: Felonies The most serious crimes are felonies, which are typically either particularly heinous, involve dangerous weapons or threaten relatively high amounts of financial damage or harm to property. Traditionally, felonies are punishable by either confinement for a year or longer, usually in a penitentiary or similarly secure facility, or by the death penalty. αΚΚΚΚΚΚΚΚΚ Felony of the First Degree αΚΚΚΚΚΚΚΚΚ Felony of the Second Degree αΚΚΚΚΚΚΚΚΚ Felony of the Third Degree αΚΚΚΚΚΚΚΚΚ State Jail Felony Misdemeanors Misdemeanors are crimes that are usually less violent or involve lower levels of harm than felonies do. The legal procedure is usually simpler than for felonies, the penalties less severe and the long-term consequences less harsh.Κ Penalties typically include fines, property forfeitures or jail time of less than one year in a facility less secure than a penitentiary. αΚΚΚΚΚΚΚΚΚ Misdemeanor A αΚΚΚΚΚΚΚΚΚ Misdemeanor B Minor Charges The least severe infractions are minor traffic offenses and the like. The terminology varies by state, but common terms for these offenses include petty offenses, infractions or violations of local law. Often the only penalty is a fine and sometimes the infraction may not even be considered a crime. αΚΚΚΚΚΚΚΚΚ Misdemeanor C Probation Probation is intended both to rehabilitate and to punish offenders who have never been in trouble before and who have been charged with less serious offenses, in a normal and less expensive environment than jail, in an effort to make them contributing members of society again. Probation allows the offender to keep working to provide for his or her family, to pay taxes, and sometimes to provide restitution, or compensation, to his or her victim(s). αΚΚΚΚΚΚΚΚΚ Conditions of Probation Usually, a person who is on probation must report regularly to a probation officer or court employee for monitoring of his or her behavior. ΚReporting could range anywhere from unsupervised to intensive, weekly reporting. ΚProbationary sentences often require the payment of fees, fines, and court costs which can be paid through-out the probationary period.Κ Some of the most common conditions of probation are listed below: ₯ Drug treatment ΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚ *ΚΚΚΚΚΚΚΚΚ Alcohol and Drug education ₯ Community service ΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚ *ΚΚΚΚΚΚΚΚΚ Restitution ₯ Counseling ΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚ *ΚΚΚΚΚΚΚΚΚ No further arrests ₯ Confinement or monitoring ΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚ *ΚΚΚΚΚΚΚΚΚ Driving restrictionΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚ ₯ No alcohol or drug use If a person who is on probation fails to meet the conditions of his or her probation, the court after a hearing can modify or revoke the probation, require incarceration, impose additional penalties, or any combination thereof. Sometimes the period of incarceration imposed after a failed probation can be longer than would have been originally imposed when probation was ordered instead. αΚΚΚΚΚΚΚΚΚ Variations on Probation Some of the following options allow a defendant to serve-out his or her conditions of probation, allowing them to go to and from work while otherwise leading a restricted life. Other types of options in probationary sentences allow the offender to work during the day and report to the jail in the evenings, called work release.Κ Another option is weekends, allowing the offender to work during the week and fulfill his sentence on the weekends, thereby reporting to the jail on Friday night.Κ About a third of drunk-driving probationers serve split sentences, where a period of incarceration is combined with the period of probation. Sometimes the judge sentences the defendant first to a short jail term intended to shock him or her by exposure to the severity of incarceration, followed by probation. This type of sentence is known as "shock probation" and is gaining popularity. "House arrest" is probation served mostly at home while wearing an electronic tracking device. ΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚΚ Conclusion It is important to keep in mind that crime classifications vary by jurisdiction and that this page provides only general information. To understand the details of a criminal charge in your jurisdiction, an attorney can explain the potential punishment and ramifications.
   2. Steven Bush: Driving while intoxicated (DWI) or driving under the influence (DUI) is not simply a traffic violation. Depending on the number of prior arrests and how carefully the prosecuting authorities check your record it can be either a misdemeanor or felony, with all of the same consequences of any misdemeanor or felony, plus some that are unique to this type of offense. Prosecutors in Dallas and Tarrant counties prosecute DWI/DUI vigorously. There is no deferred adjudication. Generally there is no reduction of charge as that is usually understood (the prosecutor may agree not to file enhancement counts to increase punishment when they are available.)
8. Hallettsville
   1. Caraway, Bill: Business Law Criminal Law Drunk Driving DUI DWI Medical Malpractice Oil and Gas Personal Injury Real Estate Truck Accidents Wrongful Death
   2. David Kiatta:

      DEPARTMENT OF MOTOR VEHICLES LICENSE REVOCATION PROCEDURE

      FIRST TIME DUI

      If your fail a breath test