Brought to you by Colorado DUI Drunk Driving Defense

Houston DWI Lawyers

1. Michael Makris: Just because you’ve been arrested for DWI, Drugs or any other crime, it doesn’t mean that you’re guilty. You have the right to a jury trial regardless of the offense you are charged with.
2. Clausell Parrish: Arrest As a general rule, a peace officer must obtain an arrest warrant before taking a person into custody. But a peace officer may arrest a person without a warrant only if: (1) there is probable cause to believe that the person committed an offense; and (2) the arrest falls within one of the exceptions specified in chapter 14 of the Code of Criminal Procedure. Rights of Person Arrested The person making an arrest is required without unnecessary delay to take the person arrested before a magistrate. The magistrate is required to inform in clear language the person arrested of: (1) the accusation against the person arrested; (2) the right to retain counsel; (3) the right to remain silent; (4) the right to have an attorney present during any interview; (5) the right to terminate the interview at any time; (6) the right to request the appointment of counsel; (7) the right to have an examining trial; and (8) the person arrested is not required to make a statement and any statement made may be used against the person arrested. RESOLUTION OF A CRIMINAL MATTER Plea Bargaining The disposition of criminal charges by agreement between the prosecutor and the defendant, under judicial supervision, is called "plea bargaining." The vast majority of all criminal cases are resolved by plea bargaining. Non Negotiated Guilty Plea (Open Plea) A defendant may plead guilty or nolo contendere to a criminal charge without an agreement with the prosecutor as to the punishment the prosecutor will recommend. Trial The Texas Constitution guarantees the accused in all criminal prosecutions the right to a trial by jury. Dismissal The prosecutor may, with the consent of the judge, dismiss a criminal case.
3. Bennett & Bennett: Penalties for driving while intoxicated in Texas become more severe, it seems, every year. In the most recent changes to DWI law, the Texas Legislature imposed a $1,000 surcharge on the driver's license of a person convicted of a misdemeanor DWI for three years following the conviction. So if you are convicted of DWI (even if you receive probation) you will have to pay an extra $1,000 to the Department of Public Safety every year for three years to keep your driver's license. The first DWI is a class "B" misdemeanor, with a maximum penalty of 180 days in jail and a $2,000 fine. The second DWI is a class "A" misdmeanor with a minimum of 30 days and a maximum of one year in jail and a $4,000 fine. The third DWI is a third degree felony, with a minimum of two years and a maximum of 10 years in prison and a $10,000 fine. Most people charged with their first DWI will receive probation (if they want probation). This is true whether they plead guilty or go to trial. That is, you will likely receive essentially the same punishment if you go to trial and lose as if you plead guilty. If you go to trial, however, you may win, and avoid all punishment. Clients who have received DWIs have told us that, once they have a DWI on their record, every time they get pulled over by the police they get hassled. If they have had anything to drink (even if they are not intoxicated) they wind up being taken to jail. If you are acquitted, you don't serve jail time or probation; you don't pay the extra $1,000 per year to DPS; the case can be removed ("expunged") from your record and it won't be used to increase your punishment if you get charged with another DWI later. It should be obvious at this point that, if all else is equal, given a choice between pleading guilty to probation or going to trial and either getting an acquittal or probation, you should choose the trial with the chance of acquittal. If you don't want probation, you can ask the jury to set punishment and not ask for probation. Typical non-probation DWI punishment (when set by a jury) is 3 days or less in jail, and a small fine. (We have seen juries sentence people to 0 days in jail and a $100 fine.) If you are arrested for DWI and fail a breathalyzer test or refuse to take the breathalyzer test (if you are stopped and have been drinking, don't take the breathalyzer test), your driver's license can be suspended under the state's Administrative License Revocation ("ALR") law. You have two weeks after your arrest to get a lawyer to request an ALR hearing to try to keep your license from being suspended. The hearing serves two purposes: first, your lawyer may be able to keep your license from being suspended; and second, the hearing gives your lawyer a chance to cross-examine the officer and get him telling his story on the record. Often this record is useful at trial.
4. Davis, Myron: DUI (Driving under the influence of drugs and alcohol) DWI (Driving while intoxicated)Breathalyer Test Revoked drivers license due to DUI/DWI Probation in reference to DUI/DWI Drivers License Reinstatement in reference to DWI
5. Adrogue Law Firm: Reading of your Miranda Rights These rights are read to you after you have been taken into custody. This is a vital part of a legal arrest. These rights are the right to remain silent, the right to have an attorney, and the right to have a court appointed attorney if you cannot afford a lawyer. It is vital to note that anything you have said prior to being read your rights can be used against you.
6. Barringer Law Office: You decide to go to Happy Hour with your friends. After a few drinks, it is time for you to drive home. The State of Texas takes DWI charges very seriously! Your defense begins once you are arrested for a DWI charge. You have 15 days to request an Administrative License Revocation hearing and you need legal representation immediately!
7. Anderson Thomas: DWI and DUI offenses in are taken very seriously in Texas and continue to carry severe penalties. For a lot of people, their first DWI charge is their first encounter with the law. Consequently, they may not be fully aware of their rights. In any DWI case, it is crucial to have an experienced drunk driving defense attorney who can help protect your rights.
8. Baxley Law Office: IF YOU ARE STOPPED FOR DRUNK DRIVING: Want to be convicted of DWI even though you may not be intoxicated? If so, take the police officers tests. Want to know the real truth about these tests? Want to protect yourself? Read on. "Field sobriety testing" (or FSTs) as practiced by police in Texas is not an effective way to tell if someone is intoxicated. It may surprise you to learn there are no conclusive studies linking the results of any field test to legal intoxication. And there are many reasons someone may not perform these tests well even when sober.
9. Ned Barnett: Driving While Intoxicated
   
   First Offense:
   1. up to a $2,000 fine
   2. 72 hours to 180 days in jail
   3. driver's license suspension: 90 days to 1 year
   PROBATION:
   
   Most people convicted of a first offense DWI do not serve any jail time. They are technically sentenced to jail, but the jail sentence is suspended and they are put on probation (community supervision). The probation is generally for a term of one to two years. While on probation you must do what the judge orders you to do. These orders are called conditions of probation. If you do not do what the judge has ordered you to do (the conditions) then the judge has the option of revoking your probation and putting you in jail for any number of days up to the original jail sentence you received that was suspended.
   The judge can order any reasonable condition on your probation. The typical conditions of probation are as follows:
   1. Do not violate the law.
   2. Report to your probation officer. (This is usually once a month.)
   3. Pay your fine, court costs and monthly probation fees.
   4. Do your community service. For a first offense DWI you must do between 24 and 80 hours community service. The type of community service varies.
   5. You can not drink alcohol.
   6. You must attend DWI Education classes.
   7. You must attend what is called a Victim Impact Panel. This is presented by M.A.D.D. It is designed to educate on the dangers of DWI.
   8. Get a drug and alcohol evaluation. (If the evaluation reveals you have a problem with drugs or alcohol then treatment of the problem will be ordered.)
   9. Maintain a job.
   {These are the most common conditions that are imposed on a person placed on probation on a DWI first offense}
10. Brennan & Johnson: Suspensions can be ordered administratively by Texas Department of Public Safety (TDPS). These suspensions occur when you refuse to take a breathalyzer test or fail a breathalyzer test after being stopped for DWI. Suspensions can also occur as part of the sentence in a criminal conviction for DWI. If the source for a suspension is the criminal court conviction, then you may be able to petition for an Occupational License in order to drive in essential need situations. This petition must be filed with the court in which you were convicted. If the suspension was a result of the administrative TDPS process , you must file your petition for an occupational license in a civil county court. In both cases, you must prove an essential need to drive during specific times of specific days. Driving while your license is suspended or during a time not allowed under an occupational license are separate offenses and carry their own automatic suspension time. You can contest an administrative suspension by requesting in writing a hearing within a set amount of time. If you need an occupational license or want to contest a license suspension, call us to see if you qualify.