Houston DWI Lawyers
- Lewis, Chip:
Many drivers in the US are arrested under suspicion of driving under the influence of alcohol or illegal drugs every day. The negative consequences of drunk driving have recently increased, largely in response to public outcry and the influence of groups like Mothers Against Drunk Driving (MADD). If you find yourself arrested for illegal drunk driving, an attorney with experience defending drunk-driving cases can help protect your rights.
- Overstreet, Todd:
If youÕve been arrested for drunk driving, you may think the easiest thing to do is plead guilty, get it over with and move on.
But the ramifications of a DUI/DWI guilty plea or conviction are far-reaching. Your driverÕs license (jump to license text below)and your freedom are in jeopardy
A first-offense DUI conviction can result in up to 180 days in jail and a $2,000 fine. A second offense can get you up to a year in jail and a $4,000 fine. Third and subsequent offenses can land you in prison for up to 10 years and a $10,000 fine.
Under recent changes to Texas DUI laws, a DUI conviction from 20 or even 30 years ago is still considered your first offense, and you automatically face second-offense penalties.
And, of course your license could be suspended for 90 days to two years under any of these offenses.
With penalties so severe, can you afford not to fight the charges?
- Mullen, Brandon:
DWI and its Punishment Ranges
DWI 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 cases must be defended aggressively. 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. Contact us immediately, if you've been arrested for DWI.
We've included a brief breakdown of the classifications and punishment ranges for DWI convictions and some of the additional consequences.
DWI Ð 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 Ð 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 Ð 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 Ð 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 Driving While Intoxicated 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:
Ð $1000 per year for a first driving while intoxicated conviction
Ð $1,500 per year for a second or subsequent driving while intoxicated conviction within thirty six months of a previous conviction.
Ð $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 substance abuse education.
DWI's are not cheap. A good attorney could end up saving you money in the end.
- Mindiola, Trae:
Deciding on an attorney is never easy. However, when faced with criminal
charge your reputation, liberty and even your life may be at stake. You need an attorney who is going to aggressively fight for you.
- Jones, Hazel:
Get the Best Criminal Defense for Your Case
- Andy Nolen:
- Mossbacker, Meryvn:
One of the first questions to ask after a drunk driving arrest is whether there was sufficient probable cause for the police to have stopped you in the first place. An examination of the police report will give the official version of the observations of the law enforcement officer that led to your traffic stop and arrest: Did the police officer report indications of intoxication, such as slurred speech, failed field sobriety tests or high numbers on a Breathalyzer test?Ê The tests and the policeÊofficer's observations may not be reliable indications of intoxication.
- Ketterman & Amann:
Good people sometimes find themselves in bad situations. These situations oftentimes lead to an arrest and a criminal charge. ItÕs dangerous to fight the system alone; you or a loved one could end up behind bars.Ê Therefore, it is critical to hire a lawyer who will work hard to protect your liberty.
- Russell, Ibrahim & Elliott:
A DUI/DWI arrest is often the first occasion that many people encounter law enforcement. It is a frightening and humiliating event in many cases. An astute DUI/DWI defense lawyer understands common police errors in traffic stops, unreliable field sobriety tests (including Breathalyzer tests), and the various circumstances of DUI/DWI stops and arrests.
- Kahn & Harrison:
Driving while intoxicated (DWI) is a serious crime with violent and often fatal consequences. ÊThe Texas Legislature (Texas Penal Code (¤724) 49.01) has defined a DWI 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". The district attorney only has to prove one of these statements to the jury in order to get a guilty verdict.ÊÊ They will use either your breath/blood test or the video that the police made of you while they were administering the field sobriety tests at the station or on the side of the road.
- Rojas & Associates:
Serious Consequences
A DWI, DUI or BUI charge has serious consequences. You may lose your driver's license, experience a substantial increase in car insurance rates, pay large fines and court costs, suffer a driver's license surcharge ranging from $3,000.00 to $6,000.00, and possibly face jail time.
Don't leave your future to chance.
Select an attorney who will fight for you. If successful, you may even be able to have your arrest record and fingerprints torn up! Don't let this arrest record affect your job or your future; call us immediately to discuss how we can handle your case.
A Word of Warning
You have only 15 days from the date of arrest to request a hearing on your driver's license. If you fail to request a hearing, your license may be suspended and you face the probability of paying huge fines for several years. It is important that you hire legal representation for this hearing to challenge the license suspension. Having legal representation for this license hearing provides an opportunity for your attorney to question the arresting officer. Putting the officer on the stand helps to establish his or her position, which can be very beneficial to your case.
Driver's License Surcharge (Fines)
Since 2003, Department of Public Safety has been authorized to levy a surcharge on driver's licenses suspended for alcohol related arrests. This charge can range from $1,000.00 to $2,000.00 per year for three years. Depending on your case, you could be facing a $6,000.00 fee just to keep your license. Now you know why it is so important to fight your license suspension.
- Donald Robinowitz:
Whether you made a bad choice or you are falsely accused, the quality of your attorney can make all the difference.
- David Mitcham:
You want someone who will explain the legal process to you and advocate for your rights every step of the way.
- Johnny P. Papantonakis:
If you have been arrested for a DWI or DUI charge, the lawyer you choose to represent you is extremely important. These are serious charges and you should hire a lawyer who understands what is at stake.
- Merchant Law Firm:
All 50 states now have two statutory offenses[1]. The first is the traditional offense, variously called driving under the influence of alcohol (DUI), driving while intoxicated/impaired (DWI) or operating while intoxicated/impaired (OWI). The second and more recent is the so-called illegal per se offense of driving with a blood-alcohol concentration (BAC) of 0.08% (previously 0.10%) or higher. The first offense requires proof of intoxication, although evidence of BAC is admissible as rebuttably presumptive evidence of that intoxication; the second requires only proof of BAC at the time of being in physical control of a motor vehicle. An accused may be convicted of both offenses, but may only be punished for one.
It is also a criminal offense in all states to drive a vehicle while under the influence of drugs (DUID), or under the combined influence of alcohol and drugs; the drugs themselves need not be illegal, but can be prescription or even over-the-counter. This offense requires evidence of impairment as a result of the drugs or drugs and alcohol, although some states have passed laws making driving with the mere presence of certain drugs a criminal offense.
Some states also include a lesser charge of driving with a BAC of 0.05%; other states limit this offense to drivers under the age of 21. All states also now have zero tolerance laws: the license of anyone under 21 driving with a BAC of .01% or higher (.02% in some states) will be suspended.
The blood-alcohol limit for aircraft pilots is 0.04%, and for commercial drivers 0.04% or 0.05%, depending upon the jurisdiction.
The various versions of "driving under the influence" generally constitute a misdemeanor (punishable by up to one year in jail) . However, the offense may be elevated to a felony (punishable by a longer term in state prison) if the incident caused serious injury (felony DUI), death (vehicular manslaughter or vehicular homicide), extensive property damage (a state specified dollar amount) or if the defendant has a designated number of prior DUI convictions within a given time period (commonly, 3 prior convictions within 7 years). California, which is being followed by a growing number of states, now charges second-degree murder where the legal state of mind of malice exists -- that is, where the defendant exhibited a reckless indifference to the lives of others [3].
A severe punishment for drunk driving is already under way in the state of Ohio for DUI offenders convicted of aggravated vehicular homicide to qualify for capital punishment. The new laws are a result of groups of friends and family of drunk driving victims engaging in active campaigns to get the same justice as victims of other forms of murder. The logic of these laws is that drunk driving is premeditated, and because aggravated vehicular homicide is a felony in both states, the act of killing someone in the commission of such a crime qualifies for a charge of felony murder in the first degree.
Administrative License Suspension (ALS) á If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the officer can take your driver's license on the spot, and the suspension begins immediately. á Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years.
An SR-22 is an official documentation required to redeem a suspended drivers license and get your car registered at the local department of Vehicles (DMV). A SR22 Filing is a form issued by an insurance company which removes a suspension order placed by the DMV's office on your driving privilege. The most common reason for an SR22 filing is when you are arrested for Driving Under Intoxication (DUI) or Driving While Intoxicated (DWI). The filing provides a guarantee to the state that an insurance company has issued at least minimum liability coverage for the person making that filing and that the insurance company will notify the DMV should the insurance ever lapse for any reason. Here are some useful sites that provide information on SR-22 filings in the various states: NY, TX, KY, MN, OK, PA [4], California SR22.biz [5], sr22bondsofohio.com [6], FloridaSR22.com [7], carinsurance.com [8]
Penalties for driving under the influence commonly include incarceration, fines, driver's license suspension or revocation, mandatory attendance at DUI schools, community service, probation and, increasingly, installation of a breath alcohol ignition interlock device.
- McDaniel & DeSai:
Do I need a Lawyer?
Absolutely. Whether it is a case in Municipal Court like a bad check or traffic ticket or a case in County or District Court, lawyers will not only protect your constitutional rights, they will also advise you of your options and the consequences of your actions.
For instance, many people do not realize that paying a fine for a traffic ticket or bad check will result in a conviction. A lawyer may be able to help you avoid receiving a conviction.
- Madrid, Martinez & Associates:
Anyone who has been arrested for a DWI needs more than an ordinary lawyer. You need one skilled in represting persons charged with DWI. You should consider the task of finding a good lawyer to be a very seriously decision because it really will adversely affect your life and your future if you make the wrong choice.
- Johnson & Johnson:
Driving While Intoxicated (DWI) and Driving Under the Influence (DUI)
are different in the State of Texas. Only citizens under the age of 21
can receive a DUI, while anyone can be charged with a DWI. The laws for
someone under 21 years of age are much more restrictive and severe than
the laws for adults. Texas has a zero-tolerance policy regarding
drinking and driving by minors. In fact, the law states that any minor
that has “any detectable amount of alcohol in his/her system” while
operating a motor vehicle is Driving While Under the Influence. Driving
Under the Influence is considered a Class C offense, punishable by a
fine not to exceed $500. However, because a DUI is considered an
alcohol related offense, there are often costly other expenses
associated with a conviction (i.e. increased insurance rates,
cancellation by your insurance carrier, driver’s license suspensions,
etc.). Additionally, if there is a subsequent charge for DUI and a
subsequent conviction, you may be subjected to a lengthy jail sentence
and/or additionally fines and court costs.
Just like with a DWI, the Texas Department of Public Safety can and
will attempt to suspend your driver’s license if you are charged with a
DUI. You have only 15 days from the date of your DUI charge to request
a hearing to save your driver’s license. If you do not request this
hearing, the Department of Public Safety will suspend your Texas
Driver’s License for not less than 60 days. Contact the lawyers at
Johnson and Johnson Law Firm, P.C. immediately to save your license and
fight your DUI charge.
It is important that your DUI case be handled by a competent and
experienced lawyer familiar with the laws related to DWI and DUI. If
your case is not handled appropriately, there can be serious and
lasting consequences. However, if the case is handled by an experienced
DUI lawyer, it is very possible that your DUI case can ultimately be
expunged (removed) from your permanent record.
- Mostyn Law Firm:
- Male motorists who die in automobile crashes are twice as likely
as female drivers to be legally drunk (BAC of 0.10 g/dL or greater).1
- The highest intoxication rates among drivers in fatal crashes
in 1997 were for those 21 to 24 years old (26.3%), followed by 25 to 34
years old (23.8%) and 35 to 44 years old (22.1%).1
- Drivers aged 21-34 years having been arrested for driving
while intoxicated are over four times as likely to ultimately die in a
crash involving alcohol than those who have not been arrested for
driving while intoxicated. Adult drivers aged 35 years or older are 11
times more likely to have the same fate.
- Alcohol-related accidents cost the U.S. $45 billion in direct cost, loss of earnings and household productivity.
Drinking and driving rates have remained unacceptably high among U.S.
adults, states research supported by the National Institute on Alcohol
Abuse and Alcoholism. Incidents of driving a car after drinking “enough
to be in trouble if stopped by the police" were reportedly high,
especially for men. Results showed that all drinkers seem to misjudge
how much alcohol they can drink before their driving ability becomes
impaired.
KNOW YOUR RIGHTS!
- Kahn Law Firm:
Driving while Intoxicated
Penalties of a DWI Conviction
First DWI - Class B Misdemeanor
Range of Punishment
Jail: Confinement in the county jail for not less then 72 hours nor more then 180 days.
Fine: A fine not to exceed $2,000.
If you had an open container of alcohol in your possession when you
were arrested, the minimum term of confinement is six (6) days in the
county jail.
Absent dangerous or severe facts, many people convicted of their
first DWI will have their jail sentence probated, and be placed on
probation. Probation can last up to 24 months. It is important to
understand that any violation of any condition of probation can result
in your probation being revoked and the jail sentence imposed.
Second DWI - Class A Misdemeanor
Texas law requires the Court to order, as a condition of your bond,
that the person install and maintain a deep lung air device on the car
the person drives. This device requires you to blow into it before it
will allow you start your car. If it detects the presence of a certain
amount of alcohol, it will not let you start you car. Further, some of
the devices require that you periodically blow into the device as you
drive down the road.
New technology has made these devices "user sensitive", so they
are supposed to be able to detect if you have someone else blow into
your device. Does this not seem to presume you are guilty, not
innocent?
Range of Punishment
Jail: Confinement in the county jail for not less then 30 days nor more then 1 year.
Fine: A fine not to exceed $4,000.
If probation is granted and you were convicted within 5 years of
your 1st DWI, you must serve a minimum of 5 days in jail as a condition
of your probation.
If probation is granted and you were convicted within 10 years of
your 1st DWI, you must serve a minimum 3 days in jail as a condition of
your probation.
Third DWI (or more) - 3rd Degree Felony
Most Judges will not put an ignition interlock as a condition of
your bond if it is your 1st DWI. However, if you are charged with
Intoxicated Assault, Manslaughter, or a subsequent DWI (no matter how
long ago your 1st DWI was), you are required by law to install an
ignition interlock device on your car. You also are not allowed to
drive any vehicle that is not equipped with an interlock device. If the
device determines a certain level of alcohol on your breath, it will
temporarily disable your vehicle. When driving, you have to
continuously blow into the device about every 20 minutes. It becomes
extremely difficult to entertain a client, conduct real estate
business, or drive the kids with their friends to school with this
device in your car.
Range of Punishment
Penitentiary: Confinement in the Texas Department of Corrections (TDC) for not less than 2 years, nor more then 10 years.
Fine: A fine not to exceed $10,000.
If probation is granted, you must serve a minimum of 10 days in jail as a condition of the probation!
Intoxication Assault - 3rd Degree Felony
Texas law states that a person commits an offense if the person, by
accident or mistake, while operating a motor vehicle in a public place
while intoxicated, by reason of that intoxication causes serious bodily
injury to another. (Emphasis added)
"Serious Bodily Injury means injury that creates a substantial
risk of death or that causes serious permanent disfigurement or
protracted loss or impairment of the function of any bodily member or
organ."
Most Judges will not put an ignition interlock as a condition of
your bond if it is your 1st DWI. However, if you are charged with
Intoxicated Assault, Manslaughter, or a subsequent DWI (no matter how
long ago your 1st DWI was), you are required by law to install an
ignition interlock device on your car. You also are not allowed to
drive any vehicle that is not equipped with an interlock device. If the
device determines a certain level of alcohol on your breath, it will
temporarily disable your vehicle. When driving, you have to
continuously blow into the device about every 20 minutes. It becomes
extremely difficult to entertain a client, conduct real estate
business, or drive the kids with their friends to school with this
device in your car.
Range of Punishment
Penitentiary: Confinement in the Texas Department of Corrections (TDC) for not less than 2 years to 10 years.
Fine: A fine not to exceed $10,000.
Intoxication Manslaughter - 2nd Degree Felony
Texas law states that if a person commits an offense if a person
operates a motor vehicle in a public place while intoxicated and by
reason of that intoxication causes the death of another by accident or
mistake.
Most Judges will not put an ignition interlock as a condition of
your bond if it is your 1st DWI. However, if you are charged with
Intoxicated Assault, Manslaughter, or a subsequent DWI (no matter how
long ago your 1st DWI was), you are required by law to install an
ignition interlock device on your car. You also are not allowed to
drive any vehicle that is not equipped with an interlock device. If the
device determines a certain level of alcohol on your breath, it will
temporarily disable your vehicle. When driving, you have to
continuously blow into the device about every 20 minutes. It becomes
extremely difficult to entertain a client, conduct real estate
business, or drive the kids with their friends to school with this
device in your car.
Range of Punishment
Penitentiary: Confinement in the Texas Department of Corrections (TDC) for not less than 2years to 20 years.
- Paul Kennedy:
Know and Exercise Your Rights
- You are better off not saying anything at all than talking
to the police. Anything you say may be used against
you. The worst mistake you can make is to lie to the
police. Remember, when you're in a hole, stop
digging.
- You do not have to identify yourself to the police. It is
not a criminal offense to refuse to identify yourself
unless you are a witness to a crime or under arrest.
- You have the right to refuse to take a breath test if you
are stopped for suspicion of DWI. Understand that
once you "blow" into the machine, that sample of your
breath is destroyed and cannot be retested. Also
understand that these machines are unreliable and
subject to erroneous readings.
- You have the right to refuse to take a field sobriety test
if you are stopped for suspicion of DWI. There are
factors other than intoxication that can cause you to fail
a field sobriety test. The results of a field sobriety test
may be used against you.
- Should you choose to refuse to answer questions or
subject to any tests, always do so politely.
- Brian Laviage:
Get Immediate Legal Help!
A person commits DWI if the person is intoxicated while operating a motor vehicle in a public place. DWI is a Class B misdemeanor, with a minimum term of confinement of 72 hours. If an open container of alcohol was in the driver's immediate possession, the minimum term of confinement is six days. A second DWI within 10 years is a Class A misdemeanor, with a minimum term of confinement of 30 days. A third DWI within 10 years is a third degree felony. A second DWI within 5 years will cause installation of a breath test devise on the vehicle to prevent operation if ethyl alcohol is detected in the operator's breath.
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 two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.
If the driver had a passenger who is younger than 15 years of age, the DWI is a state jail felony, instead of a Class B misdemeanor.
The fact that the driver is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense.
A person commits Boating While Intoxicated if the person is intoxicated while operating a watercraft. BWI is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
A person commits Intoxication Assault if the person, by accident or mistake while operating an aircraft, watercraft, or motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another person. Intoxication Assault is a third degree felony. Often, the injured person will be the driver's own passenger. If the passenger or another person dies, the offense is Intoxication Manslaughter, a second degree felony.
Each year, the Department of Public Safety (DPS) assesses a surcharge on the driver's license of drivers who during the past 3 years were convicted of DWI. The surcharge is $1,000 per year for 3 years. A second DWI conviction costs a surcharge of $1,500 per year for 3 years. If the driver had an alcohol concentration of 0.16 or more, the surcharge is $2,000 per year for 3 years.
Driver licenses can be suspended for one year for DWI. Driving with a suspended license is a Class B misdemeanor with increased license suspension time. In addition, the DPS assesses a $250 surcharge on the license per year for 3 years.
If a driver of any age refuses a breath or blood test, the DPS shall suspend the driver's license for 180 days. The suspension term increases to two years if the driver has one or more alcohol-related or drug-related enforcement contacts during the past 10 years.
If a driver who is 21 years of age or more fails to pass the test for intoxication, the DPS shall suspend the driver's license for 90 days. The suspension term increases to one year if the driver has one or more alcohol-related or drug-related enforcement contacts during the past 10 years.
For a driver under the age of 21 years, the suspension term for failure to pass the test for intoxication is 60 days for the first offense, 120 days for the second, and 180 days for the third.
An ignition interlock device will have to be installed on the car of a person convicted of driving with a blood alcohol level of .15 or more, if the defendant is to receive probation.
- Brett Poldolsky:
When the Government charges you with a crime it will have the resources
of the entire State of Texas available in its prosecution against you.
They will not be there to represent or protect your rights or best
interests. You have a constitutional right to an attorney. You need
competent and experienced legal representation. Your choice of an
attorney can have a direct impact on the outcome of your criminal case.
Criminal charges are a serious matter which affect your rights, your
livelihood and most importantly, your freedom. If the defense of your
case is not handled properly, you may be forced to serve jail or prison
time, pay large fines or endure longer probation periods than
necessary.
- John Petruzzi:
What options are available to conclude my case?
- Dismissal.This
is a very unlikely result in any case except under unusual
circumstances. Beware of any attorney who assures you that they can
have your case dismissed.
- Reduction.
This option is also very difficult to obtain and only happens in
unusual cases. In some situations the facts may make the prosecutor
realize that he/she cannot win. In order to keep his conviction
statistics up, an offer for you to plead to a "non-DWI" case is still a
win for the prosecution and still means a criminal record for you. This
type of disposition, however, is far better than being convicted of DWI
because of all the additional punishment and the stigma a DWI
conviction carries.
- Plea Bargain.
If you agree not to demand your right to a jury trial at all, then you
and the prosecution will agree to your punishment. In DWI cases this
results in a final conviction on your criminal record, but it also
insures the leniency of your punishment. An experienced DWI attorney
can obtain many concessions in plea bargaining if he/she has a
reputation for winning cases at trial.
- Trial.
Trial is the only way to be acquitted and have all records of your
arrest and accusation removed or erased from all criminal records that
were created. This happens when you plead not guilty and force the
State to prove you guilty beyond a reasonable doubt. Only an attorney
with experience in DWI trials and a thorough investigation of the facts
of your case can provide you with a meaningful estimation of your
success at trial. You see, a trial presents many unexpected changes as
it proceeds. A true trial attorney can adapt quickly to changing facts
and adjust the trial strategy to win your case. It is important to ask
any attorney whom you interview about their success rate in jury
trials. Anyone accused of a crime has an absolute right to a jury
trial. This most fundamental of all American rights must be waived in
writing for a conviction to be valid. It is important that any attorney
you consider be familiar with all of these dispositions. A reduction in
your charge to non-DWI accusations is not offered in all counties, but
is worth investigating.
- Calvin Parks:
The U.S. Constitution's Fourth Amendment requires that search warrants
be based on "probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons or
things to be seized." The U.S. Supreme Court has specifically stated
that warrants that lack "particularity" are unconstitutional. Thus, if
an officer executes a warrant that does not particularly describe the
location of a search and the items to be seized, any evidence obtained
is usually excluded from trial. Moreover, in certain instances, the
person searched may sue the officer personally for money damages.
- Paul Rosemurgy: The Sixth Amendment guarantees that all
criminal defendants "shall enjoy the right...to have the assistance of
counsel." The U.S. Supreme Court has interpreted the Sixth Amendment
right to counsel to mean that a defendant must be represented by
counsel during any "critical stage in a criminal proceeding."
In 1961, the Court held in Hamilton v. Alabama that arraignment was "a
critical stage in a criminal proceeding" under state law, requiring
that the defendant be represented by counsel. Due to the absence of
counsel during the defendant's arraignment in that case, the Court
reversed his conviction and subsequent death sentence for "breaking and
entering a dwelling at night with intent to ravish." In support of its
conclusion that arraignment was a critical stage under Alabama law, the
Court reasoned that it was then that the defenses of insanity had to be
pleaded or lost, pleas in abatement had to be made, and motions to
quash on the ground of racial exclusion from grand juries or on the
ground that the grand jury was improperly drawn had to be made.
- Michael Kohler:
If you've been arrested, you need to defend your legal rights with a solid criminal defense attorney.
- Adam Percely: Police
officers conduct "field sobriety" tests on drivers when they make
vehicle stops and suspect that a driver may be intoxicated. Designed to
help officers determine whether a driver is intoxicated based on the
officer's assessment of the driver's physical or cognitive ability,
these on-site tests typically include the following physical agility
exercises: Horizontal Gaze Nystagmus (HGN) driver must follow officer's
penlight with his eyes Walk and Turn requires driver to walk a certain
distance and turn around heel-to-toe Standing on One Leg requires
driver to raise one leg while counting aloud Finger to Nose driver must
bring the index finger to the nose with eyes closed Rhomberg Balance
Test driver must stand still with his head tilted back
- Lindeman & Frye:
"Driving While Intoxicated" or "Driving Under the Influence" is a
serious offense which, depending on your past record and the facts of
your arrest, could either be charged as a misdemeanor or a felony.
State laws prohibiting drinking and driving have become increasingly
complex in the last five years. In our state, the legal limit for blood
or breath alcohol while operating a vehicle is .08. A first offender
faces suspension of driver's license and monetary penalties of up to
$2000.00 or more, and in some cases mandatory jail. A second DWI
offense carries a punishment of up to one year in jail and a $4,000
fine. A third DWI offense is a third degree felony and it carries a
punishment of up to 10 years in prison and a $10,000 fine. In all
criminal cases, but especially in the area of DWI, you should know your
rights. Remember these rights if you're ever stopped by a police
officer for investigation of driving while intoxicated: You have a
right to remain silent. You do not have to answer any questions which a
police officer asks you during a traffic stop, except to identify
yourself and produce proof of financial responsibility. You are not
required to perform any field sobriety tasks -- you don't even have to
look at the pen the officer will put in front of your face to test your
vision reaction. If you believe that you may be driving while
intoxicated, your polite refusal to perform these tasks will benefit
you greatly in any criminal proceedings which will follow. You should
politely refuse and look down or away when the officer attempts to
perform the "pen test" on your eyes. In almost every case of being
stopped for "investigation" of driving while intoxicated, if it is
after dark and you have the odor of an alcoholic beverage on your
breath, the officer is most likely going to arrest you regardless of
whether or not you think you have passed the tests. You have a right to
refuse a breath or blood test. When you are asked to perform a breath
test after you are arrested and while you are at the police station,
you are not required to submit to this test. There is currently no
criminal sanction for this refusal. However, there is a potential
drivers license suspension sanction for a refusal. You have a right to
a hearing before your license is suspended. Whether you fail a breath
test or you refuse a breath test, the Department of Public Safety will
attempt to suspend your drivers license. However, they are not always
successful. Under our system of laws, you have a right to a lawyer and
a jury trial when you're charged with DWI. DWI cases are not
"hopeless," and you should not assume that you will be found guilty.
Only by consulting a lawyer and reviewing the evidence of the traffic
stop and the arrest can you make an intelligent decision about how to
resolve the charge against you.
- Musik & Musick
Before juries begin the deliberation process, courts provide
instructions regarding applicable law or procedure. In criminal trials,
courts generally instruct jurors regarding the phrase "beyond a
reasonable doubt." This instruction is given primarily because the
Constitution has been interpreted to require that each element of a
crime be proven "beyond a reasonable doubt." Although this phrase is
well known and used in courts across the nation, many courts have
adopted accompanying language that varies the overall meaning. Such
modifications are considered proper so long as the constitutional
protections afforded criminal defendants are satisfied.
- Larson Law Firm: The U.S. Supreme Court has generally
interpreted the Fourth Amendment prohibition against "unreasonable
searches and seizures" to impose a warrant requirement upon police
officers who wish to perform a valid search or arrest. However, the
Court has carved out some exceptions to the warrant requirement, which
make certain "seizures" constitutionally permissible in the absence of
a warrant. One exception that the Court has recognized is for
investigative detentions based on less than probable cause. In 1968,
the Court established a notable exception to the warrant requirement in
Terry v. Ohio for investigative detentions based on less than probable
cause (i.e., sufficient reason based on known facts to believe a crime
has been committed).
- Larry Rousseau:
All states have "implied consent" laws that require drivers suspected
of DUI to submit to some form of chemical test (breath, blood or urine)
to measure BAC. Implied consent laws are based on the logic that all
drivers give consent to DUI testing by driving on state roads and
highways.
In fact, the U.S. Supreme Court has held that an officer may force a
driver to submit to a blood test (without the driver's consent or a
warrant) as long as the officer has probable cause to believe the
driver is under the influence. While some states allow drivers to
choose the form of chemical test, refusing to submit to a chemical test
can carry serious penalties (e.g., mandatory license suspension). In
fact, refusal to take a chemical test in California will result in a
one-year license suspension for the first offense. Further, if a driver
is ultimately convicted for DUI, his refusal to submit to a chemical
test may enhance the penalties.
- Robert Jones:
The Sixth Amendment provides, in part, that criminal defendants have a
right to "be confronted with the witnesses against [them]." This
provision is generally referred to as the "Confrontation Clause" and
means that criminal defendants have the right to cross-examine their
accusers or witnesses who are testifying against them. While this
principle has generally maintained its strength in the criminal court
system, the U.S. Supreme Court has occasionally modified certain
aspects.
- Charles Johnson:
When you or a loved one are facing criminal charges or a criminal investigation, you need someone you can rely on to help you.
- Kennitra Foote:
Most Americans drink alcoholic beverages; many use both legal and
illegal drugs. Overindulgence, however, results in intoxication and
those "under the influence" can suffer from impaired judgment and
abilities. Studies have shown a strong link between drug and alcohol
use and crime. For example, it is estimated that as many as two-thirds
of felons were intoxicated when arrested.
- Douglas Rankin: On Sept. 1, 2003, harsher drunken-driving laws
than ever went into effect in Texas.
In addition to the existing $2,000 fine for a first DWI, a new Òdriver
responsibilityÓ law now adds an additional $3,000 in surcharges to be
paid over three years. A repeat offender faces existing fines
plus new surcharges up to $6,000 over three years. Drivers convicted of
DWI who refuse to pay the new surcharge lose their licenses. Another
new law makes it a state jail felony for an intoxicated driver to have
a child 15 years or younger in the car. And a third law now requires
every driver involved in an accident that results in serious bodily
injury to submit to an alcohol test.
Faced with such enormous penalties, how many drivers accused of DWI can
afford not to consult an experienced attorney?
- Owsley & Associates:
If you are found driving after having drinks you can be arrested either
under suspicion of being intoxicated or after taking a breathalyzer.
The current legal limit is .08 in Texas.
- Ross Palmie:
What can I do to save my Texas Driver's license?
- First and foremost, hire an experienced attorney. There are many factors to consider.
- Request
a hearing and request the officer's presence. It will give you a
preview of a trial, a rarity in criminal cases. Attorney Ross Palmie
will ensure that the officer who conducted any field sobriety tests and
the officer who pulled you over show up and justify their actions.
Other officers may be subpoenaed. The breath test supervisor can be
forced to show up and justify the results of any breath test.
- The license hearings are conducted under strict rules and you can win if D.P.S. does not follow the rules.
- If a blood test, retest the sample. Testing errors may save your license.
- Investigate
the adequacy of the stop. The officer must have had a reasonable
suspicion that a crime or traffic infraction was being committed.
- Investigate
the adequacy of the arrest and request for a test. The officer must
have developed a reasonable belief that you were impaired by alcohol.
- Check the times of events. Officers must perform the tests within certain guidelines.
- Check the labeling of the sample. It must be identified as being yours.
- Jonathan Paull:
You can't afford not to fight. If you take a cheap plea-out, it could cost you
up tp $5000 in fines, court costs, increased insurance rates and loss of time
at work.
- Jim Medley:
Texas law is very strict on the charge of Driving While Intoxicated. The
legislature, judges, and prosecutors in the state are under pressure from the
public and political interest groups like Mothers Against Drunk Driving to
treat DWI arrests very harshly. For example, alcohol related offenses like DWI
are the only offenses that the law does not allow a person to recieve deferred
adjudication probation for. The law allows deferred adjudication for murder and
sexual assault of a child, but not DWI.
- Chris Samuelson:
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.
- Thomas Martin:
If convicted of driving while intoxicated for the first time, you may be
subject to confinement in the county jail for a period of up to six months, and
pay an additional fine not to exceed $2,000. This will be in addition to
court costs, increases in your insurance premiums, and possible loss of
license.
- Marc Mayfield:
You would be hard pressed to find someone who has not heard of the organization
commonly known as MADD, Mothers Against Drunk Driving. It seems that everyone
in America is aware of the dangers presented by individuals who are driving
while under the influence of alcohol or an illegal substance. However, you may
find it an equally difficult task to find someone who could give you a basic
understanding of the penalties associated with first time or repeat offenders.
- Paul Mewis:
In many cases, your initial contact with law enforcement officers may involve
being stopped while driving a motor vehicle. Many of these stops escalate into
investigations for possible drunk driving or even drug possession.
- Mohr & Associates:
Virtually any case can be plea bargained if both parties are willing as long as
there are no outside pressures, such as media coverage. However, rarely does an
accused get an offer that is everything you want. In many cases the offer will
be for some prison time, especially in any felony case.
There is always one other option: Try the case.
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