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

  1. Friendswood
    1. Kingsbury Law Firm: Now that you've come into contact with the law, you've found out the dirty little secret. Anyone drinking and driving is subject to arrest, whether or not it was affecting their driving ability. But being arrested does not mean you will be convicted.
    2. Griffin, Brent: After being arrested for a DWI or other drunk driving offense, it may seem as though you have little or no options and that you must accept whatever deal prosecutors are willing to give you. Fortunately, you do have options and hiring an experienced lawyer to provide criminal defense is the best way to protect your rights and give yourself a chance at reduced or dismissed charges.
    3. Morris, Phillip: Consequences For First-time Drunk Driving Offenders First time DUI/DWI charges equal a misdemeanor offense, which is punishable by up to 180 days in jail and up to a $2,000 fine. These cases can be complicated because there are many restrictive terms, as well as several steps in issuing bond and negotiating plea bargains. Depending on the specifics of your charge, you may be able to get probation without having to serve jail time.
    4. Fletcher, James: defense in criminal cases including municipal and justice of the peace court matters (including traffic violations), misdemeanors and serious felonies
    5. Prendergast, Kevin: Civil Criminal Law Divorce DUI DWI Elder Law Estate Family Law Probate Traffic
    6. 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. Sullivant, Benton: Remember, a criminal conviction does not "lapse" off of your record. A criminal conviction is not like your driving record or your credit history, time does not make it go away. Job applications always ask about your record, and many employers require background checks. The time to fight is BEFORE you are convicted.
    2. 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.
    3. 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. Strann, Daniel: Criminal Defense Being charged with a crime can leave a sinking feeling in the pit of your stomach. If the State is trying to convict you of a crime, it is imperative that you have someone with experience in criminal defense protecting your rights.
    2. 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 Š 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 Š 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 Š 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 Š 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. Hunt, Russ: An anonymous Travis county assistant DA has a blog called "DA Confidential" that commonly has insightful commentary from a prosecutor's perspective. The latest posting is a hilarious video made with "Xtranormal", a tool that creates animated web videos with computer-generated voices speaking whatever script the author has created. The video explores themes seen too often at the courthouse. Every criminal defender would be well advised to watch the short video and ask himself whether he has ever fallen victim to the common pitfalls depicted in the animation: Defense lawyer's woeful unfamiliarity with the police report's version of the case: despite the fact that prosecutor has a caseload of hundreds of cases, prosecutor is far more familiar with the provable facts in the offense report; Defense lawyer's too-obviously "flexible" version of the facts: in response to being called on each of his factual misstatements, the defense lawyer apologizes for his faulty memory then launches into another equally improbable version of the facts which is equally disprovable; Defense lawyer's lack of any reasonable suggestion for disposition of the case: begins with request for dismissal and has no response to prosecutor's obvious, generous offer of probated sentence. One of the best advantage defense attorneys should have is an intimate familiarity with the facts of their cases. Defense attorneys have been hired and paid good money to handle a matter for their clients. Even if she is court-appointed, a defender's job is to speak for her client. Given the built-in advantage to the defender (in open-file discovery jurisdictions) of knowing both the Government's and the Defendant's versions of the facts, a defender must begin her representation by attempting to fully flesh out the case against her client. It is impossible to defend against the unknown accusation. The criminal defender's job is to humanize and individualize the client's case. Prosecutors have caseloads in the hundreds and have to learn to quickly identify and categorize fact patterns, case weaknesses and defense arguments. Most defenders have caseloads in the dozens; even the busiest defender should have far fewer cases than the least-busy prosecutor. Without a close familiarity with the operative facts, the defender is at a huge disadvantage in representing her client. Another advantage easily built but once lost, lost forever is the defender's reputation as a truth-teller. I certainly know well-established and successful defense lawyers (and prosecutors) who have reputations for being liars and cheaters. There are distinct disadvantages to having such a reputation: limitations on access to discovery, prosecutors' never taking the lawyer's word for basic factual representations, general suspicion and distrust in interpersonal dealings and negotiations. These are the most obvious practical reasons for a criminal defender to preserve his reputation as a truth-teller, but there are a myriad of other moral and less tangible reasons as well. It is important to remember that a criminal defense lawyer always has the option not to tell the prosecutor anything about the client's professed version of the facts. It is almost always advisable to test that version of the facts against known, quantifiable facts like independent witness statements, hard forensic evidence, and other corroborating facts, prior to pitching the client's version of the facts to the prosecutor. If a defender tries to sell an obviously false story to the prosecutor, the prosecutor will think either that she is a liar, that the client is lying to her, or that she is so lazy that she didn't bother to check the DA's file before speaking about the facts of the case. Every lawyer should have an objective in mind when negotiating their cases with a prosecutor. I have heard prosecutors complain about certain defense lawyers that their only suggested outcome in every case they handle is to ask over and over for dismissal. Let's face itŠ90%+ of cases are disposed with plea bargains of some type, and most dismissals result from evidentiary problems, police overreaching or misconduct, or extremely exemplary behavior on the part of the client. If the evidence clearly establishes the client's guilt, and there is no other reason for dismissal, it's going to be a hard sell and the defense lawyer will seem like he is not a good-faith negotiator if his only proposal is dismissal. Prosecutors are often open to creative alternatives, but the defender is tasked with being creative in seeking the best possible resolution of a difficult situation for the clientŠthat's the central challenge for the good criminal defender.
    2. Crain, Ken: Criminal Law Family Law Felonies Child Support Misdemeanors Adoptions Juvenile Law Child Custody Theft by Check DWI's Wills and Probate Traffic Tickets Occupational Driver's Licenses Drug Cases
    3. Hesse, Steve: * Abandoning a Child * Aggravated Assault * Aggravated Assault on a Public Servant * Aggravated Robbery * Aggravated Sexual Assault * ALR Hearing (Administrative License Revocation Hearing) * Assault * Assault-Family Violence * Bribery * Burglary of a Building * Burglary of a Habitation * Burglary of a Vehicle * Consumption of Alcohol by Minor * Credit/Debit Card Abuse * Criminal Mischief * Criminal Trespass * Cruelty to Animals * Deadly Conduct * Delivery of Alcohol to Minor * Delivery of a Controlled Substance * Delivery of Marijuana * Disorderly Conduct * Driving with Licenses Suspended * DWI Š Driving While Intoxicated * DWI with Child Passenger * Endangering a Child * Engaging in Organized Criminal Activity * Evading Arrest * Evading Arrest in a Motor Vehicle * Failure to Identify * Failure to Register as a Sex Offender * Failure to Stop and Give Information * Failure to Stop and Render Aid * False Report to Police/CPS * Graffiti * Harassment * Harboring a Runaway * Illegal Dumping * Impersonating a Peace Officer * Indecency with a Child * Indecent Exposure * Injury to a Child * Interference with 911 Call * Intoxication Assault * Intoxication Manslaughter * Manslaughter * Minor in Possession of Alcohol * Motion to Revoke Probation * Murder * Occupational License * Perjury * Possession of a Controlled Substance * Possession of a Controlled Substance with Intent to Deliver * Possession of Drug Paraphernalia * Possession of Marihuana * Public Intoxication * Reckless Driving * Resisting Arrest * Retaliation * Securing Execution of a Document by Deception * Sexual Assault * Speeding * Tampering with Governmental Records * Tampering with a Witness * Theft * Theft by Check * Traffic Citations * Unauthorized Use of a Motor Vehicle * Unlawful Possession of a Firearm * Unlawfully Carrying a Weapon
    4. Laura Barker: WARNING!!! If you have recently been arrested for a DWI, your license may be at risk of suspension. The suspension is AUTOMATIC...UNLESS you request a hearing from the Texas Department of Public Safety, in writing or by phone, WITHIN FIFTEEN (15) DAYS after receiving notice of suspension from the arresting agency (usually given to you on the day of arrest). If a hearing has not been requested by you within 15 days, the suspension will begin automatically on the FORTIETH (4Oth) DAY after notice was received. Administrative License Revocation Process (ALR) When a person is arrested for DWI, two simultaneous legal proceedings are started, one criminal and one civil. The civil proceeding sets out to suspend the personÕs driverÕs license for a set period of time. The arresting officer is required to take the personÕs driverÕs license and issue a temporary permit that is only valid for 40 days from the date of issuance unless the person requests a hearing to contest the suspension of their driverÕs license within 15 days. Otherwise, the suspension is automatic. At the ALR Hearing, if the arresting officer does not appear, the complaint is often dismissed and the license suspension is avoided. This will not affect the criminal proceeding. If the arresting officer does appear and the ALR hearing proceeds, then the Department of Public Safety must show: * Probable cause existed to stop and arrest the driver; * That the person arrested was in physical control of the automobile at the time of the stop; * That 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; * The suspect had a blood alcohol concentration (BAC) over .08 or higher or that the suspect refused to provide a sample. Field Sobriety Tests Field sobriety tests are designed to give police probable cause to arrest, while breath and blood tests can give police hard evidence of guilt or evidence. While there is no legal penalty for refusing field sobriety tests, a refusal will almost always result in an arrest. There are usually three segments of the field sobriety tests that police will administer: the horizontal gaze nystagmus (HGN), the walk and turn, and the one leg stand test. In addition to these three tests, police may administer tests involving recitation of the alphabet, counting, or the ŅRhombergÓ balance tests. Field sobriety tests must be administered in the proper manner. If police officers deviate from the proper administration of the tests it can result in evidence being inadmissible during a criminal trial or civil hearing. Breath and Blood Tests Texas Implied Consent law compels drivers to submit to a blood or breath test or their driverÕs license could be suspended. Once someone is placed under arrest for DWI/DUI, the officer must then transport them to the police station in order for the person to provide a breath test. If the person has agreed to provide blood, the officer will usually take the person to the nearest hospital for the blood test and take the person to jail once the test has been completed. Occupational DriverÕs Licenses An occupational driverÕs license may be obtained to drive to and from work, to get to and from school, as well as to perform essential household duties. A judge is required to sign an order granting an occupational license before the Department of Public Safety will issue one. In addition to the judgeÕs order, the Department of Public Safety requires you carry SR-22 insurance, an insurance policy that states whether your policy is cancelled, terminated or has lapsed. Furthermore, you must pay reinstatement fees and an occupational fee before the Department of Public Safety will issue the license. For some clients, there may be a wait period before the Department of Public Safety will issue an occupational driverÕs license depending on how many driverÕs license suspensions youÕve had in the past. Texas DWI Penalties The State of Texas has continued to get harsher on DWI offenses. First time offenses can result in large fines, a jail sentence, a driverÕs license suspension and a driverÕs license surcharge. Penalties continue to increase dramatically for subsequent offenses. Thus, it is extremely important to avoid a conviction for even a first time offense. * First offense for a DWI is a class B misdemeanor that carries a fine of up to $2,000, 72 hours to 180 days in jail, the loss of driving privileges for up to a year, and an annual fee of $1,000 or $2,000 for three years to retain your driverÕs license. * Second offense for a DWI is a class A misdemeanor that carries a fine of up to $4,000, 30 days to 365 days in jail, the loss of driving privileges for up to two years, and an annual fee of $1,000, $1,500 or $2,000 for three years to retain your driverÕs license. * Third offense for a DWI is a 3rd degree felony that carries a fine of up to $10,000, 2 to 10 years in prison, the loss of driving privileges for up to three years. * DWI with an open container is a class B misdemeanor with a minimum of six days in jail and a fine of up to $2,000. * Intoxicated Assault, a DWI accident involving bodily injuries, is a 3rd degree felony that carries a fine up to $10,000 and a prison sentence of 2 to 10 years. * Intoxicated Manslaughter, a DWI accident involving death, is a 2nd degree felony that carries a fine up to $10,000 and a prison sentence of 2 to 20 years. * DWI with child passenger is a state jail felony that involves a driving under the influence with a passenger under the age of 15. Penalties include a jail sentence of 180 days to 2 years and a fine of up to $10,000.
    5. 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.
    6. 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."
    7. 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.
    8. 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.
    9. 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:
    10. First offense DWI: $1000 per year for 3 years
    11. Second or subsequent offense DWI: $1500 per year for 3 years
    12. ANY DWI with a breath, blood or urine test at or above 0.16: $2000 per year for 3 years
    13. ANY DWLS: $250 per year for 3 years
    14. ANY No Insurance conviction: $250 per year for 3 years
      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.

    15. 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 driverÕs 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.
    16. 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. 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: 8. 2. DEPARTMENT OF MOTOR VEHICLES LICENSE REVOCATION PROCEDURE FIRST TIME DUI If your fail a breath test Your License will be Suspended for 90 days if a first alcohol related contact. You lose a Commercial License for 1 year if not operating Commercial Vehicle. If operating a Commercial Vehicle at the time of your arrest, permanently disqualified with BAT over .04. If you refuse a breath test: Your license will be suspended for 180 days. If second alcohol related contact within 10 years: License revocation for 1 year. WITH THE POSSIBILITY OF HAVING YOUR LICENSE SUSPENDED, IT IS VERY IMPORTANT FOR YOU TO QUICKLY HIRE AN EXPERIENCED ATTORNEY.
  8. Harker Heights
    1. Wilkerson, Scott: If you have been arrested or questioned by law enforcement, you are probably scarred, confused, and concerned about your present and future freedom. If you are arrested immediately demand your lawyer. It is important to remember that police officers are trained to investigate crimes and ultimately get a court conviction which means you may go to prison for a long time. Be smart, talk to a lawyer you trust before you talk to the cop who intends to put you away. Felonies Misdemeanors Probation Revocations DriverÕs License Suspensions DWI's (1st, 2nd, and 3rd or with children in the vehicle) „ Drug Cases (Marijuana, Cocaine, Heroin, Methamphetamines, Dangerous Drugs, etc) Sexual Assaults Failing to Properly Register as a Sex Offender Child Abuse Cases Assaults Weapons Cases Thefts Burglaries Fraud Public Intoxication
    2. Barina, Bobby: If you are under investigation for a crime, or if you have been charged with violation of a criminal law, you want an attorney who understands the criminal justice system. Statements you make at any stage of a criminal prosecution can have a significant impact on whether you are found innocent. You need an experienced attorney to guide you through the process.
  9. Heath
    1. Jack Robinson: If you have been charged with a DWI, DUI or any other crime in Texas, be sure that you have the an experienced lawyer who specializes in these areas available before endangering your rights. Driving while intoxicated or driving under the influence in the state of Texas can result in severe penalties with extreme repercussions that can last years. Having an experienced criminal defense lawyer can be the deciding factor in your case.
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