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Houston DWI Lawyers

1. Garrett & Oncken: Drunk driving offenses are treated very seriously in Texas. A DWI conviction may lead to driver's license suspension, heavy fees, jail time and probation. You may also face federal penalties and consequences if convicted of multiple DWI charges. If you have been accused of driving under the influence of drugs or alcohol, you need an experienced criminal defense lawyer on your side. Drunk driving offenses are treated very seriously in Texas. A DWI conviction may lead to driver's license suspension, heavy fees, jail time and probation. You may also face federal penalties and consequences if convicted of multiple DWI charges. If you have been accused of driving under the influence of drugs or alcohol, you need an experienced criminal defense lawyer on your side. If you have been arrested for DWI, your Texas driver's license is subject to suspension for refusing to take the breath test or for failing the breath test. You must request an administrative hearing within 15 days of your arrest in order to contest the suspension. Otherwise your driver's license will be suspended 40 days from the date of your arrest. Let an experienced DWI defense attorney request the hearing for you and fight for your license. We will represent your interests during both the criminal case and the ALR hearing and help reinstate your driving privileges. Warrant Weekends Weekend evenings, particularly holiday weekends, are prime times for DWI arrests. If you are stopped for a DUI/DWI and you refuse to take a breathalyzer test, the officer can call a judge who can quickly issue a warrant for your blood. Did this happen to you? We can help. Defending DUI/DWI charges is a process that starts with the initial investigation and continues through sentencing.
2. 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.
3. 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).
4. 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.
5. 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.
6. 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.
7. 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.
8. 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?
9. 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. If you are found driving after consuming alcoholic beverages you can be arrested either under suspicion of being intoxicated or after taking a breathalyzer. The current legal limit is .08 in Texas. Texas Penal Code for DWI ¤ 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (b) Except as provided by Subsection (c) and ¤ 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. (c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days. Texas DWI Law Following is the language from HB3588, which establishes a new chapter in the Transportation Code, chapter 708. Under the new Driver Responsibility Program, drivers will be assigned ÒpointsÓ for convictions and face payment of ÒsurchargesÓ if too many points are accumulated. This program creates additional consequences for convictions for DWI, DWLS, No Insurance, No Drivers License, and similar offenses beginning September 1, 2003. CHAPTER 708. DRIVER RESPONSIBILITY PROGRAM SUBCHAPTER A. GENERAL PROVISIONS Sec. 708.001. DEFINITIONS. In this chapter, "department" and "license" have the meanings assigned by Section 521.001. Sec. 708.002. RULES. The department shall adopt and enforce rules to implement and enforce this chapter. Sec. 708.003. FINAL CONVICTIONS. For purposes of this chapter, a conviction for an offense to which this chapter applies is a final conviction, regardless of whether the sentence is probated. [Sections 708.004-708.050 reserved for expansion] SUBCHAPTER B. DRIVER'S LICENSE POINTS SURCHARGE Sec. 708.051. NONAPPLICABILITY. This subchapter does not apply to: (1) a conviction that became final before September 1, 2003; or (2) an offense covered by Subchapter C. Sec. 708.052. ASSIGNMENT OF POINTS FOR CERTAIN CONVICTIONS. (a) The driver's license of a person accumulates a point under this subchapter as of the date the department records a conviction of the person under Section 521.042 or other applicable law. (b) For each conviction arising out of a separate transaction, the department shall assign points to a person's license as follows: (1) two points for a moving violation of the traffic law of this state or another state that is not described by Subdivision (2); and (2) three points for a moving violation of the traffic law of this state, another state, or a political subdivision of this or another state that resulted in an accident. (c) The department by rule shall designate the offenses that constitute a moving violation of the traffic law under this section. (d) Notwithstanding Subsection (b), the department may not assign points to a person's driver's license if the offense of which the person was convicted is the offense of speeding and the person was at the time of the offense driving less than 10 percent faster than the posted speed limit. This subsection does not apply to an offense committed in a school crossing zone as defined by Section 541.302. Notwithstanding Subsection (b), the department may not assign points to a person's license if the offense committed by the person was adjudicated under Article 45.051 or 45.0511, Code of Criminal Procedure. Sec. 708.053. ANNUAL SURCHARGE FOR POINTS. Each year, the department shall assess a surcharge on the license of a person who has accumulated six or more points under this subchapter during the preceding 36-month period. Sec. 708.054. AMOUNT OF POINTS SURCHARGE. The amount of a surcharge under this chapter is $100 for the first six points and $25 for each additional point. Sec. 708.055. NOTICE OF ASSIGNMENT OF FIFTH POINT. The department shall notify the holder of a driver's license of the assignment of a fifth point on that license by first class mail sent to the person's most recent address as shown on the records of the department. [Sections 708.056-708.100 reserved for expansion] SUBCHAPTER C. SURCHARGES FOR CERTAIN CONVICTIONS AND LICENSE SUSPENSIONS Sec. 708.101. NONAPPLICABILITY. This subchapter does not apply to a conviction that became final before September 1, 2003. Sec. 708.102. SURCHARGE FOR CONVICTION OF CERTAIN INTOXICATED DRIVER OFFENSES. (a) In this section, "offense relating to the operating of a motor vehicle while intoxicated" has the meaning assigned by Section 49.09, Penal Code. (b) Each year the department shall assess a surcharge on the license of each person who during the preceding 36-month period has been finally convicted of an offense relating to the operating of a motor vehicle while intoxicated. (c) The amount of a surcharge under this section is $1,000 per year, except that the amount of the surcharge is: (1) $1,500 per year for a second or subsequent conviction within a 36-month period; and (2) $2,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.16 or more at the time the analysis was performed. A surcharge under this section for the same conviction may not be assessed in more than three years. Sec. 708.103. SURCHARGE FOR CONVICTION OF DRIVING WHILE LICENSE INVALID OR WITHOUT FINANCIAL RESPONSIBILITY. (a) Each year the department shall assess a surcharge on the license of each person who during the preceding 36-month period has been convicted of an offense under Section 521.457, 601.191, or 601.371. The amount of a surcharge under this section is $250 per year. Sec. 708.104. SURCHARGE FOR CONVICTION OF DRIVING WITHOUT VALID LICENSE. (a) Each year the department shall assess a surcharge on the license of a person who during the preceding 36-month period has been convicted of an offense under Section 521.021. (b) The amount of a surcharge under this section is $100 per year. (c) A surcharge under this section for the same conviction may not be assessed in more than three years. [Sections 708.105-708.150 reserved for expansion] SUBCHAPTER D. COLLECTION OF SURCHARGES Sec. 708.151. NOTICE OF SURCHARGE. The department shall notify the holder of a driver's license of the assessment of a surcharge on that license by first class mail sent to the person's most recent address as shown on the records of the department. The notice must specify the date by which the surcharge must be paid and state the consequences of a failure to pay the surcharge. Sec. 708.152. FAILURE TO PAY SURCHARGE. (a) If before the 30th day after the date the department sends a notice under Section 708.151 the person fails to pay the amount of a surcharge on the person's license or fails to enter into an installment payment agreement with the department, the license of the person is automatically suspended. A license suspended under this section remains suspended until the person pays the amount of the surcharge and any related costs. Sec. 708.153. INSTALLMENT PAYMENT OF SURCHARGE. (a) The department by rule shall provide for the payment of a surcharge in installments. (b) A rule under this section: (1) may not permit a person to pay a surcharge: (A) of less than $2,300 over a period of more than 12 consecutive months; or (B) of $2,300 or more over a period of more than 24 consecutive months; and may provide that if the person fails to make a required installment payment, the department may declare the amount of the unpaid surcharge immediately due and payable. Sec. 708.154. CREDIT CARD PAYMENT OF SURCHARGE. (a) The department by rule may authorize the payment of a surcharge by use of a credit card. The rules shall require the person to pay all costs incurred by the department in connection with the acceptance of the credit card. (b) If a surcharge or a related cost is paid by credit card and the amount is subsequently reversed by the issuer of the credit card, the license of the person is automatically suspended. A license suspended under this section remains suspended until the person pays the amount of the surcharge and any related costs Sec. 708.155. CONTRACTS FOR COLLECTION OF SURCHARGES. The department may enter into a contract with a private attorney or a public or private vendor for the provision of services for the collection of surcharges receivable under this chapter. The total amount of compensation may not exceed the amount set in Article 103.0031, Code of Criminal Procedure. Sec. 708.156. REMITTANCE OF SURCHARGES COLLECTED TO COMPTROLLER. Each surcharge collected by the department under this chapter shall be remitted to the comptroller as required by Section 780.002, Health and Safety Code
10. Ross Palmie: What can I do to save my Texas Driver's license?
    1. First and foremost, hire an experienced attorney. There are many factors to consider.
    2. 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.
    3. The license hearings are conducted under strict rules and you can win if D.P.S. does not follow the rules.
    4. If a blood test, retest the sample. Testing errors may save your license.
    5. Investigate the adequacy of the stop. The officer must have had a reasonable suspicion that a crime or traffic infraction was being committed.
    6. 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.
    7. Check the times of events. Officers must perform the tests within certain guidelines.
    8. Check the labeling of the sample. It must be identified as being yours.
11. 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. Basic Information About Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) What is DWI / DUI? DWI or DUI is shorthand for Driving while intoxicated or Driving Under the Influence. In Texas a person is guilty of DWI if he or she operates a motor vehicle while having a blood alcohol level of a .08 or by not having the normal use of their mental or physical facilties by the introduction of alcohol. Is there any way to avoid a DWI / DUI? It sounds simple, but don`t drink and drive. Take a taxi, designate a driver, walk, call a friend, but no matter what, do not drink and drive. I say that because each law enforcement agency in and around Houston has a dwi "task force". While drinking responsibly and driving is not illegal, DWI task force officers will err on the side of caution and arrest a person who chooses to drink and drive. According to one Dwi task force officer, the standing orders of the Houston Police Department are to arrest anyone who drinks and drives. Can I still be in trouble for driving, even if my BAC is below the legal limit? Yes. It is also unlawful to drive with your normal faculties impaired. In Texas Normal faculties are the loss normal use of either mental or physical facilties by the introduction of either alcohol and or drugs. The state does not have to prove that a person is above the legal limit in regards to blood alcohol concentration to be found guilty. I represent many people who are arrested for "driving while drugged". Even if a medicine is perscribed by a doctor it does not negate guilt. Does the car have to be moving for me to be guilty of DUI? No. You can be arrested for DUI / DWI by driving and or operating while intoxicated in Texas. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DWI/DUI by being in actual physical control of the car. Do I have to submit to a breath, blood, or urine test? No. The laws of most states permit the motor vehicle department to suspend your privilege to drive. A person should never take the breath test. The Texas intoxilyzer is a machine that has a dubious reputation at best. In many situations the breath test machine yeilds inaccurate false positive results. In Texas, your refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of you consciousness of guilt. Although you might lose your license it is always best NEVER TO TAKE THE BREATHTEST!!!!!!!!!!! Can I fight my DUI arrest? Yes. If I am arrested for a DUI, will I lose my license? Yes and no, the law enforcement officer will seize your license if you are arrested for DWI / DUI with an unlawful BAC or after you refused to submit to a chemical or physical test. Your license will be seized, and the officer will issue you a traffic ticket, which acts as both a temporary driver`s license and as your notice of suspension. In Texas a person may request a review of the driver`s license suspension by the department of motor vehicles within a specified number of days following your arrest. This is called an administrative license revocation hearing (ALR). At an ALR hearing there is a formal review, the hearing officer is authorized to administer oaths, lawyers can examine witnesses and take testimony. If you request an ALR hearing, it shall consist solely of an examination by the department of the written materials submitted by the arresting officer, as well as anything you wish to submit. You generally cannot attend an informal hearing. It is always better to have an experienced DWI attorney represent you at an ALR hearing. How long will I lose my license? This will vary from state to state. Texas provides for a six month license suspension. If you have an unlawful BAC, your driving privilege will likely be suspended for six months for a first offense, and one year for a second offense. What else will happen to me? It depends. Through a combination of the right facts and the right attorney you might be able to avoid the heavy consquences of your DWI. A good dwi / dui defense requires experience, knowledge of the law and reputation. Even in situations where there is no defense a good attorney may be able to mitigate the punishment. In Texas the punishment range is up to 180 days in jail and up to a 2000 dollars for a DWI first offense. In addition, most second offenses within ten years, may result in a mandatory jail term and a third offense in Texas usually results in a felony. Furthermore, your insurance company may discontinue its coverage or at the very least, assign you to a high-risk category, resulting in a substantial increase in your premiums.
12. Medley & Commack: 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.
13. 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.
14. 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.
15. 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.
16. 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.