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Search for Texas DWI
Attorneys by County.
Friendswood, Galveston, Georgetown, Gonzales, Grand Prairie, Heath DWI Lawyers
Friendswood - 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.
Galveston:
- 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.
- 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.
Glen Rose
- 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.
Georgetown
- 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.
- 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:
- First offense DWI: $1000 per year for 3 years
- Second or subsequent offense DWI: $1500 per year for 3 years
- ANY DWI with a breath, blood or urine test at or above 0.16: $2000 per year for 3 years
- ANY DWLS: $250 per year for 3 years
- 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.
- 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.
- 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.
Gonzales
- 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.
Grand Prarie
- 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.
- 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.)
Hallettsville
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(.08 & above)