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Houston DWI Lawyers

1. Roberts, Brian: No matter how careful and responsible a person is throughout the course of his or her day to day life, the reality is that it can be very easy to get behind the wheel of a car after having a couple of drinks without giving much thought to the potential consequences. Over the course of the past fifteen years, states across the country Ð including Texas Ð have taken steps to significantly increase the penalties associated with driving while intoxicated. At the same time, the threshold at which a person is considered to be driving while intoxicated has become much lower. Therefore, for most people, driving even after consuming a small amount of alcohol can expose them to a charge of driving while intoxicated. The consequences of a DWI or DUI conviction are significant. Therefore, even if you are facing your first ever DWI or DUI charge, you need to retain the services of a Houston attorney that has specific experience in providing effective DWI/DUI defense. Many people tend to be too casual with a first time DWI or DUI charge. However, you simply cannot underestimate the seriousness of being charged with DWI or DUI. Even if you suffer relatively slim consequences from an initial DWI or DUI conviction, you need to understand that if you ever are arrested again for DWI or DUI, the potential jail time, fines and other penalties will be significantly enhanced. Additionally, you also must understand that a first time conviction for DWI or DUI can cause you to experience very serious penalties. A suspended drivers license ... a high dollar fine ... surcharges ... jail time are all possibilities even if you have never had any legal problems previously.
2. Rosen, Steve: DWI/DUI means "driving while intoxicated" or "driving while under the influence" and refers to the crime of drunk driving. This crime usually includes driving while using drugs or alcohol and operating a car or other kind of motorized vehicle, such as a motorcycle or boat. Drunk driving is defined by each state's criminal code.
3. Jones, Lisa: A drunk driving charge Ñ known in Texas as DWI but also commonly referred to as DUI Ñ can have multiple serious consequences, including jail time, driver's license suspension and a criminal record and mandatory fines levied by the Department of Public Safety (DPS). There are many considerations to be aware of if you are charged with DWI. * If this is your first DWI, it is a Class B misdemeanor. The range of punishment is up to a $2,000 fine and up to 180 days in jail. However, probation is always a possibility. * A second DWI it is a Class A misdemeanor. The range of punishment is up to a $4,000 fine and up to 1 year in jail. Even if you had your first DWI many years ago, it will still be counted against you. * The third DWI is a Third Degree Felony. You may face up to a $10,000 fine and between 2-10 years in prison. Once you have been convicted of a DWI, this charge will stay on your record for the rest of your life. There can never be an expungement or an order of non-disclosure. If you have a commercial driver's license, then this may mean the end of your employment. Clients must also be made aware that not only must they contend with the possible conviction and punishment from the prosecution and the court, they must also contend with the fines levied by the Department of Public Services (DPS). These fines range from $1,000 for a DWI 1st up to $3000 for a third DWI offense. Such fines must be paid yearly for three years. License suspension is another consideration that clients must face. Within 15 days of your DWI arrest, you have the right to apply for an administrative license revocation (ALR) hearing. This is separate from your criminal trial, but it is possible at an ALR hearing to challenge whether the police had probable cause to stop you. In any case license suspension may range from 3 months up to 1 year. An occupational license may be obtained for a first DWI. Unfortunately, if convicted of a second DWI or higher you may not be so fortunate. There are often things that can be done at each of these stages to avoid conviction or reduce consequences. Contact me to get the help of an experienced DWI/DUI attorney throughout the process.
4. 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.

5. 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.
6. John Petruzzi:

   What options are available to conclude my case?

   1. 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.
   2. 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.
   3. 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.
   4. 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.
7. 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.
8. 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.
9. Michael Kohler: If you've been arrested, you need to defend your legal rights with a solid criminal defense attorney.
10. 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
11. 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.