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Houston DWI Lawyers

1. Rudisel Law Firm: If You've Been Arrested You don't usually plan on being arrested. Therefore, few criminal defendants have the opportunity to get legal advice before the arrest. This is critical because many critical mistakes take place before, during, and after the arrest. By the time a defendant speaks to an attorney, he's probably already made mistakes that will negatively impact his defense. These mistakes may even resutle in additional charges. Every case is different, but these basic guidelines may help you to avoid complication, damage to your defense, and possibly even addtional charges. 1. Cooperate: No one wants to be arrested. That's certainly a reasonable feeling. However, a multitude of problems will arise for criminal defendants who react instinctively rather than remaining calm and reasonable during an encounter with police. * Physically resisting arrest (even if it's just running or dodging) is a crime. * Trying to negotiate with the police not to arrest you might not be in your best interest. An officer might note in their reports that you were argumentative--something you don't want judge or jury to hear. * The more you talk, the more likely you are to say something that can be used against you 2. Remain Silent: * You have the right to remain silent. * You cannot simply explain your situation to the police and expect a resolution at the scence of the incident. Moreover, what you say to the police could be used to solidify the case against you. * Don't speak out in anger. Again, the police can put in their report that your were argumentative and you don't want that. * Bottom Line: Remain silent. You don't know what statements may be harmful to your case and your defense. 3. Posting Bond: Depending on the nature of the charge, a criminal defendant may be offered the opportunity to post bond in a criminal case. In many cases, we can have a clients bond amount lowered. Call us so we can walk you through the process.
2. Vara, Jane: If you have been arrested for or charged with a DWI, you want an experienced attorney to protect your rights. In addition to fines, penalties and even incarceration, you could risk the long-term loss of your driving privileges or face substantial increases in your auto insurance premiums. You want a lawyer who understands how drunk driving cases are prosecuted Ñ one who has protected the rights of others in similar situations.
3. Munier & LaFon: DWI and Traffic Offenses For DWI Defense, Halfway Measures Aren't Enough Getting charged with DWI in Texas means you are facing two problems. Your attorney will be defending your future against the criminal charges, while also protecting your freedom to drive. Getting the best possible outcome in both matters requires a comprehensive approach to DWI defense. There is a Strong Defense for Every DWI Case. Accepting a Plea Agreement for DUI Many people think they can simply plead their way out of a DWI problem. But it's not that simple. In the first place, plea bargains are not always offered by the prosecutor. When it comes to DWI in Texas, the District Attorney would often times rather seek a conviction in court. Even if you are offered a plea bargain, it may not be the easy way out that you hope for. Often, it is not be the best or least expensive option. In fact, it may mean the prosecutor has a weak case that can be defeated. There are special circumstances behind every DWI charge.
4. Becker, Don: DonÕt let your DWI case be handled by just any Texas DWI attorney.
5. Newman, Murray: * Aggravated Kidnapping * Aggravated Robbery * Assault * Burglary of a Business * Burglary of a Habitation * Capital Murder * Criminal Mischief * Criminal Trespass * Delivery of a Controlled Substance * Driving While Intoxicated * Driving While License Suspended * Felon in Possession of a Firearm * Forgery * Intoxication Assault * Intoxication Manslaughter * Murder * Possession of a Controlled Substance * Robbery * Sexual Assault * Theft * Unauthorized Use of a Motor Vehicle * Unlawful Carrying of a Weapon
6. Brooks, Cole: The police must have probable cause to arrest someone for DWI. Typically, they obtain probable cause by having you perform field sobriety tests. Usually, these are done before any request for breath or blood samples are made. The NHTSA (National Highway Traffic SafetyAdministration) provides guidance for police officers who use field sobriety tests.The 3 tests listed below are the standardized tests that most departments use to determine whether an individual is intoxicated: * HGN: Horizontal Gaze Nystagmus Test. This test is done to see if there is any jerkiness in your eye or lack of smooth pursuit. They hold an object (a pen, or something similar), in front of the subject,and ask them to hold their head still and follow the pen with only the eyes. In order to get a valid result, the test must be performed correctly. Often the tests are improperly administered. * Walk and Turn (WAT). This test is where the officer has you walk an imaginary straight line, turn a certain way, and then walk back across this imaginary straight line. If, in the officer's opinion, you step off this invisible line, this is one of the clue's they count against you. They also test your ability to follow directions, your turn, your balance,swaying, among other things. * One Leg Stand (OLS). This test has the subject standing on one leg for 30 seconds. The officer judges the person's ability to follow directions, as well as their ability to actually perform the test. What are the potential punishments for a DWI conviction? Generally, the penalties for DWI include: * 1st 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). * 2nd 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). * 3rd 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). * 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. What are the potential punishments for a DUI conviction for a minor? Generally, the penalties for DUI as a minor, in addition to suspension of your driving license, include: * 1st Offense: Class C misdemeanor. If you are under age 18 the court will require your parent or guardian to be present with you at every court appearance. Furthermore, the parent or guardian can be forced to attend by the court. Upon conviction, a minor may be fined, and will be required to complete a minimum of 20 and a maximum of 40 hours community service related to education about or prevention of misuse of alcohol. Additionally, the minor will be required to attend an alcohol awareness program sponsored by the Texas Commission on Alcohol and Drug Abuse within 90 days. Furthermore, if the minor is under age 18, the court may require the minor's parent or guardian to attend the program with the minor. If the minor fails to complete the alcohol awareness course within the 90 day period the court may impose an additional license suspension up to six months. For a first offense the minor may receive deferred adjudication, however, an order of deferred adjudication for DUI is considered a conviction. If the minor receives only one conviction for DUI (while a minor), that conviction may be expunged from his record after his 21st birthday. * 2nd Offense: Everything for a first-offense conviction applies to a second conviction, with the following exceptions: The minor will be required to complete a minimum of 40 and a maximum of 60 hours community service related to education about or prevention of misuse of alcohol. Furthermore, a second or any subsequent conviction may not be expunged from your record, however, the minor may still receive deferred adjudication for a second offense. * 3rd Offense: Class B misdemeanor. For a third offense the minor will still be required to complete between 40 and 60 hours of community service, however deferred adjudication is no longer an option. As with the first two offenses the minor will be required to attend an alcohol awareness program within 90 days of your conviction, and if the minor is under age 18 a parent or guardian will be required to attend both the minor's court appearances and the alcohol awareness program. If, on the other hand, the minor is 18 years of age or older at the time of his third offense, the penalty is much higher. Specifically, the minor will receive a fine ranging from $500.00 to $2,000.00; confinement in jail for up to 180 days; or both a fine and some jail time in addition to a license suspension. What is an Administrative License Revocation (ALR) Hearing? In Texas, if your license is suspended for any reason you have a right to request an ALR hearing. An ALR hearing is basically an informal mini-trial to determine if your license was suspended for a legitimate reason. In a DWI case, an ALR hearing is a useful tool to determine how good the State's case is against you. You get to subpoena the officers and experts to the ALR hearing, and take their testimony. This is very helpful in determining what route you should take in your DWI defense, and what evidence that the State has against you. This is evidence that you likely will not uncover prior to the time of your criminal DWI trial.It can help to keep you from being surprised,and can help in defending your DWI case. If you intend to fight your DWI, you should consider asking for an ALR hearing. You have 15 days from the date of the offense to request an ALR hearing.
7. Bires & Schaffer: A conviction for a first-time class B misdemeanor DWI in Texas can mean a significant fine and jail time up to six months. A conviction for a felony DWI can mean losing your freedom for up to two years. If you have been charged with DWI in Texas, you are not alone. Thousands of good, hard-working people will be charged with drunk driving this year. It seems that arresting people for driving while intoxicated has become a priority for police department throughout the state.
8. James Alston: Driving while intoxicated is a serious crime that can affect many aspects of your life. We all depend on driving as a means of living in society and being charged with DWI can have serious consequences. You can lose your license and driving privileges, experience higher insurance costs, suffer ongoing license penalties and not to mention the distinct possibility of criminal punishment. You've seen the billboards and advertisements .. . "Drink, Drive . . . Go to Jail" . . This is not the law. You can drink alcohol and then drive; however, the law is that you can not drive while you are intoxicated. The prosecutor charging you with DWI must prove beyond a reasonable doubt that you were driving a motor vehicle and while under the influence of some intoxicating substance: ¥ You lost the normal use of your mental faculties, and/or ¥ You lost the normal use of your physical faculties, and/or ¥ You possessed a blood or breath alcohol concentration of .08 or greater. If you are charged with DWI, the district attorney will prosecute you criminally AND the Texas Department of Public Safety will try to suspend your license. You have 15 days from the date of your arrest to file the required legal documents to request a hearing and fight the license suspension. When charged with DWI or intoxication assault or intoxication manslaughter you need a criminal defense attorney who knows the means and methods that prosecutors use to seek convictions in Driving While Intoxicated cases.