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Houston DWI Lawyers

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• Seldin, Craig: Who Makes Criminal Laws? State legislatures and the U.S. Congress enact criminal laws. State courts have traditionally made criminal laws based on the common law (judge-made law) inherited from England. The modern trend is for the legislature, rather than the courts, to make criminal law. Most ordinary crimes are covered by state criminal laws. For example, a burglary that took place within a state, committed by local residents, is covered by state criminal laws and ordinarily will be prosecuted by local prosecutors.
• Stone, Michael: DWI/Driving While Intoxicated: A DWI occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DWI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.Ê Plus, a DWI could also jeopardize your employment opportunities. However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DWI conviction will likely be raised to a felony if it is the driver's fourth DWI offense or the driver has had a prior felony DWI offense within 10 years of the new charge.
• Richard Stevens: Drunk driving and other alcohol-related offenses are among the most common criminal charges that young adults face. Texas's piecemeal approach to alcohol policyÑwith virtual prohibition in "dry" communities and beer barns in alcohol-tolerant communitiesÑcontributes to the potential for drinking and driving and violations of Texas's open container laws.
• Kameron Searle: Do I Need an Attorney? An attorney who defends traffic tickets can assist you in many ways. They are very familiar with the Texas Transportation Code and the myriad of traps that await the uninitiated. Though they cannot guarantee dismissal of a ticket, they can help in many ways to try and prevent your ticket from becoming a conviction on your driving record and help protect your driving privileges and insurance rates. They can assist with proven strategies to help reduce the chance of conviction. As an example, sometimes a case can be legally dismissed because there is a defect in the pleadings. Something you might overlook or have no idea is significant could be legal grounds for the dismissal of your case. Sometimes a deferred adjudication/probation or defensive driving may be your best alternative for protecting your driving record given your individual situation and prior driving record. Sometimes the case will need to be tried to a judge or jury. Attorneys are familiar with the rules of criminal evidence and criminal procedure which are used in these types of trials. Attorneys can counsel you as to what all your options are in the Traffic Court.
• Scardino, Courtney & Fazel: In general, the U.S. Constitution does not provide protection against nonconsensual taking of fingerprints, photographs, measurements, handwriting samples, voice recordings or other non-intrusive identification. However, in certain circumstances, there are statutory protections against strip and invasive body searches. Rules and procedures for such searches vary by state, but most jurisdictions require sufficient probable causethat the search will reveal evidence of a crime. In addition, states that have such rules generally provide definitions explaining the distinctions between strip searches and body cavity searches. Generally, the need for evidence must outweigh the danger and intrusiveness of the search. Moreover, most states allow invasive bodily intrusion searches under certain circumstances when conducted pursuant to a valid warrant or court order or, at times, incident to a lawful arrest. In some jurisdictions, refusal to submit to taking a sample can constitute a crime in itself; and sometimes, the officers have the right to take samples without permission for administrative purposes (i.e., jail strip-searches and body cavity searches). However, even strip and cavity searches conducted for administrative purposes are not routine and permitted only under certain circumstances.
• Seabaugh & Associates: You can be arrested for almost any traffic violation. Common police excuses for initial contact or arrest are public intoxication or disorderly conduct Police officers may lie to you in order to obtain information. Do not bargain with police or prosecutors without an attorney. The presumption of innocence only applies to the jury, not police or prosecutors. Police may seize property with less evidence than it takes to convict. The vast majority of cases plead out. Probation is hard and expensive! In fact, most people fail and finish their sentence in jail. Police do not have to tell you about your right to decline an officer?s request to search. Anytime you have contact with law enforcement you have the right to remain silent and to have an attorney You can be held in custody for up to 48 hours without being charged with a crime.
• Joseph Salhab: Many states do not permit a claim of self-defense where individuals were engaged in unlawful mutual combat or where the person claiming self defense provoked the use of unlawful deadly force by the other person. In addition, where an individual is the initial aggressor, there is generally no right to claim self-defense, unless the initial aggressor has first retreated.
• Carl Selesky: Criminal law - whether you are guilty or innocent - itÕs serious and permanent. Felonies or misdemeanors, DWIÕs, harassment, drugs, family violence, theft, fraud and other cases. Texas is the Lone Star State and they take their justice seriously. When you deal with State or Federal prosecutors, you need to have someone who is professional, courteous, has guts and fights. It wonÕt go away and you have to deal with it.
• Grant Scheiner: Important 15-day Deadline: If you have been arrested in Texas for DWI or an intoxication offense, you generally have the right to request an administrative hearing to contest the suspension of your driverÕs license. You or your lawyer definitely should request a hearing. In most cases, the deadline to request a hearing is the 15th day after your DWI arrest.
• Jed Silverman:

  Penalties for DUI / DWI

  Maximum Fine $10,000 and/or Imprisonment

  • First Offense: A first-offense conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 3 days to 180 days, and a driver's license suspension of 90 to 365 days. (Class B Misdemeanor).

  • Second Offense: The maximum fine increases to no more than $4,000.00 and/or jail from 30 days to one year, and a possible driver's license suspension ranging from 180 days to 2 years. (Class A Misdemeanor).

  • Third Offense: Here, you may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment, and suspension of your driver's license ranging from 180 days up to 2 years. (3rd Degree Felony).

  • DWI with an open alcohol container (first offense): In addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00. (Class B Misdemeanor).

  Penalties for Intoxication Assault or Intoxication Manslaughter

  • DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication: This crime is called intoxication assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000.00. (3rd Degree Felony).

  • DWI where a death has occurred as a proximate cause of the intoxication: Here, the crime is intoxication manslaughter. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies).

  In some of the above minor classifications you may be eligible for probation, but there is no guarantee that you will receive a probated jail sentence or fine. If you are convicted of intoxication assault and wish to receive probation, a minimum of 30 days in jail must be served as a condition of probation.

  Furthermore, to receive probation upon being convicted of intoxication manslaughter you must serve a minimum of 120 days in jail.

  However, if you are convicted of Intoxication Assault or Intoxication Manslaughter and the court or jury finds that you committed the offense with a deadly weapon you may be ineligible to receive probation at all.

• Bashist Sharma: First, before a police officer stops your vehicle, he or she must have a reason or "probable cause". This could be any excuse, such as a malfunctioning light, an expired sticker, or a whole host of other reasons, real or imaginary. Once you are stopped, the officer can search your person and/or vehicle if he or she has reason to suspect that a crime has or will be committed. Usually, the officer will, if he or she suspects that you had consumed alcoholic beverages, conduct s variety of "field sobriety tests". This is where the police officer begins to establish the StateÕs burden of proving that you are guilty beyond a reasonable doubt in order to convict you for the offense of DWI or DUI.
• Lance Smith:
  When anyone is stopped for suspicion of driving while intoxicated in Houston or Harris County, Texas, they will invariably be asked to give a sample of their blood or their breath to determine its blood alcohol content.
   
  In most cases you will be asked to give a specimen of your breath.  Whether you decline to do so or consent to do so, there will in all likelyhood be ramifications regarding your drivers license.
   
  If you consent to take a breath test and the result registers over .08 blood alcohol level, your drivers license will be confiscated and you will be served with a notice of suspension.  The notice of suspension will contain a temporary driving permit that is valid for forty five days.
   
  If you do not ask for an ALR hearing (Administrative License Revocation Hearing) on the suspension, a suspension of ninety days will be imposed by the Texas Department of Public Safety.  The ninety day suspension will begin following the expiration of the forty five day temporary driving permit.
   
  After the ninety days have expired, you may recover your driving privileges once a $125.00 re-instatement fee is paid to the Department of Public Safety.
   
  If you decline the blood or breath test, your drivers license will be confiscated and you will be served with a notice of suspension of your driving privileges for a period of one hundred and eighty days.  After the one hundred and eighty days have expired, you may regain your driving privileges by paying the $125.00 re-instatement fee to the Department of Public Safety.
   
  It is important to note that under Texas law, if a person is caught driving during the period of suspension, they can face a Class B Misdemeanor charge of "Driving While License Suspended."  This charge can result in a jail term of up to one hundred and eighty days, a fine of up to $1000.00 and an additional eighteen month suspension of driving privileges.
   
  If an ALR hearing on the suspension is requested, any suspension is held in obeyance until such time as the hearing is held.  The request for an ALR hearing must be received by the Department of Public Safety in Austin, Texas, no less than fifteen days from when the notice of suspension is served.
   
  Once the request is received, the case will be assigned to an Administrative Law Court in the region where the incident occurred.  An ALR hearing will be scheduled and notices sent to all the necessary parties.  The ALR hearing will be governed by the Rules of Administrative Procedure.
   
  The Texas Department of Public Safety will be represented by and attorney at the ALR hearing.  It will be the Department's burden to prove their case under a preponderance of evidence standard.  At the ALR hearing, the Department will have the option of proving the case through live testimony or by affidavit.  The Defendant will have the opportunity to examine any witness brought forth at he ALR hearing.  the Defendant will have the opportunity to put on any evidence that he or she may wish.
   
  At the ALR hearing, the Administrative Law Judge must determine if the Department proves the following elements:

  1. Was the defendant in control of a motor vehicle in a public place within the jurisdiction of the Administrative Law Court?

  2. Did probable cause exist for the police officer to come in contact with the Defendant?

  3. Was there probable cause to believe that the Defendant operated the motor vehicle while intoxicated?

  4. Did the Defendant either refuse to take a breath test or submit a sample of breath or blood with a blood alcohol content of .08 or greater?

  The Administrative Law Judge will either enter an affirmative or a negative finding.  An affirmative finding denotes that there was sufficient evidence to believe from a preponderance of the evidence that there was probable cause to make contact with the Defendant, that probable cause existed  to believe the Defendant was operating a motor vehicle in a public place while intoxicated and that a test was offered and either refused or failed.

  If the administrative Law Judge renders a negative finding, it will denote that the Department failed to prove any or all of the required elements.

  In the event of an affirmative finding, the Defendant has the right to appeal the decision.  The appeal must be perfected within 30 days.  The appeal must be filed in the County Court of the county where the hearing occurred.  The appeal will be heard on the transcript of the ALR hearing below.  Additonal testimony may be allowed at the discretion  af the Appellate Judge.  The appeal will stay any suspension for a 90 day period after which the suspension will start regardless of the stage the appeal is in.

  Note: Keep in mind the above rules apply to those who are deemed as "First Contact" DWI situations.  Variations on these rules can exist if a person has had past breath test failures, refusals or DWI's. 

• Stradley, Chernoff & Alford: It is our opinion after discussions with nationally recognized experts and horror stories from our clients that the Intoxilyzer machine used in Texas is not accurate enough to determine blood alcohol concentration.
• Schneider & McKinney: In order to be convicted of DWI in Texas, the State is required to prove that you operated a motor vehicle in a public place while intoxicated. A person is intoxicated if: (1) they have lost the normal use of their mental or physical faculties as the result of the introduction of alcohol, a drug, a dangerous drug, a controlled substance, or a combination of two or more substances; or (2) they have a breath, blood, or urine alcohol concentration of .08 or more. A first offense DWI is a class B misdemeanor punishable by up to 180 days in a county jail and a fine of up to $2,000. A second offense DWI is a class A misdemeanor punishable by up to one year in a county jail and a fine of up to $4,000. A third or subsequent offense DWI is a third degree felony punishable by from two to ten years in the State penitentiary and a fine of up to $10,000. Causing serious bodily injury as a result of driving while intoxicated (intoxication assault) is a third degree felony punishable by from two to ten years in the State penitentiary and a fine of up to $10,000. Causing death as a result of driving while intoxicated (intoxication manslaughter) is a second degree felony punishable by from two to twenty years in the State penitentiary and a fine of up to $10,000. There are various other potential enhancements depending on whether there was an open container and a person's criminal conviction record. Probation is available for most misdemeanor DWI offenses. In some instances jail time is mandatory as a condition of probation. Driver's license suspension can range from 90 days to two years.