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Houston DWI Lawyers

1. Rushing, David: When do I get my driver's license back? If you are like most people charged with DWI/DUI, the arresting officer took your driver's license. They gave you a sheet of paper telling you that 41 days from the arrest your license will be suspended. Depending on the number of prior convictions and whether or not you consented to a breath/blood sample will determine the length of the suspension. What is the Administrative Hearing, and how does that affect my license? The Administrative License Revocation hearing is a civil hearing handled within the administrative courts of DPS. This is not technically related to the criminal DWI/DUI charge. Is there anything I can do to keep my license? Absolutely. You have 15 days from the arrest (or citation if a DUI) to appeal the license suspension. You need to go to the DPS website and fill out a hearing request form. At the Law Office of David Rushing, we handle the ALR license hearing along with the DWI/DUI charge. And there is no additional cost. My Attorney told me that even though we won the ALR, my driver's license can still be suspended. How is this possible? Remember, the ALR hearing is just with DPS. You still have to face the criminal prosecution of the underlying DWI/DUI. The criminal court also can suspend your license upon conviction. A friend of mine told me that I could get a deferred adjudication for DWI. Under Texas law, a DWI cannot be deferred. Depending on the county and the circumstances, you can plea it to a lesser offense with deferred, but with a DWI, there is no deferred adjudication allowed. DUI, however can be deferred and taken off your record. What is the difference between a DWI and a DUI? Someone accused of DWI has been accused of being intoxicated (over .08) while driving. They can be of any age, and the burden is on the prosecution to prove that you were intoxicated. A DUI can only be issued to someone under 21. If you are under 21, and still below .08, you can still be charged with a DUI with ANY alcohol in your system. My friend got a DWI and was charged with a felony. Why? After two DWI convictions, a third charge is automatically a felony. Also, under certain conditions (like having a child passenger), a first or second DWI can be a felony. Felonies are serious and can severely harm your future employment prospects. At the Law Office of David Rushing, we fight to make sure this does not happen to you. What are the consequences of a DWI conviction? For a first conviction, you can be punished up to six months in jail and a two thousand dollar fine. Plus, thousands of dollars in DPS surcharges. For a second conviction, you can be punished up to a year in jail and a four thousand dollar fine. Plus, thousands of dollars in DPS surcharges. For a third conviction, you can be punished by up to ten years in prison and a ten thousand dollar fine. Plus thousands of dollars in DPS surcharges. Can I refuse a breath test? Absolutely. Not only should you refuse a breath sample, but you should also refuse all field sobriety tests. They are only using these tests as evidence to use against you. (But then again, if you are looking on this site, it is probably too late.) I gave a breath sample, is there anything I can do? Just because you submitted for a breath test does not mean that it is admissible. Though it is certainly easier to defend without a sample, there are strict regulations on the officers and the equipment. At the Law Office of David Rushing, we will exhaust every outlet to get the breath sample thrown out as illegal evidence. I refused a sample, but they got a warrant and took my blood. Can they do that? This is a growing trend, where if a breath sample is refused, a magistrate or judge will sign a search warrant to forcibly take your blood. If everything is correct, they can do this. However, there are strict guidelines on when and where they can do this. Exhaust every outlet to get the blood sample thrown out as illegal evidence.
2. Nelson, Mitchel: Family Law: Divorce Child Custody & Child Support Enforcement & Modifications Premarital Agreements Property & Debt Divisions Protective Orders CPS Cases Personal Injury: Auto Accidents Wrongful Death All Serious Injuries Criminal Law: Misdemeanors & Felonies DWI & Drug Cases Juvenile Law: Misdemeanors & Felonies Wills & Probate: Last Will & Testament Powers of Attorney Contract Disputes
3. Fesler Law Firm: After being arrested for a DWI, there is a lot of paper work and hearings you must take care of in a timely manner. The arresting officer will give you a notice of suspension of your license. According to Texas State Law you have only 15 days to request a hearing with the Department of Transportation after your DWI arrest. If you fail to request a hearing, they enforce an automatic revocation of your license immediately. Taking away your license can change the course of your whole life as a consequence of one night out. Lawyer Ken W. Fesler II can help you to get your life back. DWI consequences can be severe and you need to know what you are up against. If you, a family member, or a friend has gotten a DWI, you need a lawyer that can take care of your case quickly and help you to keep your license and your life.
4. Quinones & Moore: * Murder * Drug charges, including trafficking and distribution * Theft, burglary and aggravated robbery * Drunk driving (DWI or DUI) * Assault and aggravated assault * Sex crimes, including rape and molestation * Federal crimes * White collar crimes such as conspiracy and fraud
5. Benavidez & McClellan: Criminal Defense ¥ DWI ¥ Assaults ¥ Felonies ¥ Misdemeanors ¥ Hot Checks Personal Injury ¥ Accidents ¥ Malpractice ¥ Wrongful Deaths ¥ Hit & Run ¥ Traffic Ticket Defense ¥ Driver's License Suspensions ¥ Warrants Lifted ¥ Commercial Driver's License Cases Family ¥ Child Support ¥ Divorce ¥ Modifications Civil ¥ Small Claims
6. Nicole DeBorde: As the accuracy of SFST results depends on an officer following standardized procedures during test administration, the NHTSA encourages states to implement refresher training requirements for practitioners. Despite the significance of compliance with standardized procedures in the administration of the SFST battery, courts have upheld WAT and OLS test results even when an officer has deviated from protocol. This is because physical agility exercises can be interpreted by police officers and by others in court. On the other hand, because of its scientific nature, the HGN test is less open to interpretation and courts are more likely to suppress the results of the HGN test when an officer has failed to strictly comply with protocol. Accordingly, courts often require prosecutors to lay the foundation for the admission of HGN evidence via expert testimony. Prosecutors often call on local optometrists to testify as experts in DUI trials. Optometrists in numerous DUI trials have based their expert testimony on a resolution adopted by the American Optometric Association, which endorses the HGN test as scientifically valid and reliable.
7. 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).
8. John Floyd: If you are arrested, please remember that you have the right to remain silent and the right to an attorney. These rights can easily be lost if you are not careful and do not understand the criminal investigation process. Please understand that everything you say WILL be used against you. Investigators often indicate that suspects will receive better or special treatment if they will cooperate and speak freely. Everyone should understand that police officers/investigators have no legal authority to make agreements that bind the State. Therefore, they cannot make things better for you after charges are filed. An investigator may also suggest that an innocent person has nothing to hide and therefore does not need a lawyer. These are common investigative techniques used to press an individual for information and cooperation.
9. Lanese Fuller: The Fourth Amendment of the United States Constitution guarantees the right to be free from "unreasonable" government searches and seizures. As a general rule, law enforcement officers must obtain a validly issued warrant based on probable cause prior to conducting a search or seizing property. In instances where a warrant is not obtained, and no exceptions to the warrant requirement justify the search, the "exclusionary rule" takes effect and prohibits any evidence that was gathered from being introduced in trial. In the landmark U.S. Supreme Court case Mapp v. Ohio (1961), the Court ruled that evidence obtained in violation of the exclusionary rule is inadmissible in both federal and state courts.
10. Nathan Desai: When you consume alcoholic drinks, alcohol is absorbed into your blood stream. The level of alcohol in your blood, called the Blood Alcohol Content (BAC), can be measured by different tests. In most states including Texas, you are presumed to be intoxicated and unable to operate a vehicle safely if your BAC is .08 or greater. The units of blood alcohol concentration are defined in the statute , but refer to the number of grams of alcohol in 100 milliliters of blood, which is the standard medical unit for blood alcohol concentration. That is, a test result of .10 means .10 grams of alcohol per 100 milliliters of blood.
11. Mike Carnahan: There is not a bright-line rule establishing precisely what is and what isn't probable cause. However, what has become apparent is that a finding of probable cause requires objective facts indicating a likelihood of criminal activity. A police officers hunch, with nothing more, will not satisfy the requirements.