Hurst, Irving, Kileen, Kingsville, Kingwood, League City, Lewisville DWI Lawyers
- Hurst
- Handy, Stephen:
Driving while intoxicated (DWI) and Driving under the influence (DUI) are serious charges, and you need an attorney who will fight for your rights to protect your future. If you are charged with a DWI or DUI, you face many serious consequences ranging from a driver license suspension to a criminal record that stays with you for the rest of your life.
Be certain of one thing, it is not against the law to drink and then operate a car. However, many people have come to believe it is a crime. It is only against the law to operate a car after you have lost the normal use of your mental or physical faculties, or if you have a blood alcohol level above .08 at the time you were driving.
- Leach, Ames & Brewer:
Traffic violations can have serious criminal consequences,
particularly when a driver is accused of driving under the
influence. A conviction on DUI or DWI charges may result in fines,
the revocation or suspension of your driver's license, and possible
jail time. In addition, your insurance company may increase your
rates to an unmanageable level. In defending against an impaired
driving charge, you have many rights as a criminal defendant,
including the right to cross-examine the witnesses against you,
even if they are police officers. An experienced criminal defense
attorney can make all the difference in such a difficult case.
- Irving
- Mcconathy, Tex:
You have been charged with DWI, Domestic Violence, White Collar Fraud or another type
of criminal charge and you need a tough experienced lawyer to help you fight for your
rights.
- McConathy, Richard:
What is DWI?
DWI is a criminal offense that says a person may not drive a motor vehicle in a public place while "intoxicated". The DWI statute does not say driving while drunk or Ņdrunk driving.Ó
What is the legal definition of intoxication?
The legal definition of intoxication in Texas is:
* Having an alcohol concentration of 0.08 or more
* Not having the normal use of 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 substances into the body.
* Not having the normal use of mental 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 substances into the body
The State only needs to prove one of the three ways beyond a reasonable doubt in order to obtain a conviction.
What does ŌnormalÕ mean?
According to the law, the definition of the word normal is the average person. The problem is how do we determine the average person? The law is vague in this subject, which lends itself for good argument to a jury that everyone is different and each has his own normal.
What is 0.08-alcohol concentration?
"Alcohol concentration" is defined by statute as:
a. the number of grams of alcohol per 100 milliliters of blood;
b. the number of grams of alcohol per 210 liters of breath; or
c. the number of grams of alcohol per 67 milliliters of urine.
A 0.02 equals one drink. A drink is 1-1/4 ounces of liquor, 1 12oz beer, or 1 glass of wine. It takes one hour for the body to burn off a 0.02 down to a 0.00. Thus, to reach a 0.08 a person must consume four drinks in one hour.
Am I required to answer any questions, take Field Sobriety Tests, or take a breath test?
Under criminal law, you are not required to perform any type of test or answer any questions to the police officer. You have the right to refuse any tests and request an attorney. However, if you refuse to attempt these tests, the officer most likely is going to arrest you. Further, the civil law, which your driverÕs license falls under, does not protect you. In fact, when you applied for your driverÕs license you unknowingly consented to any future tests, if to which you refused you would lose your driverÕs license for a period of six months. The decision is yours and there is a civil risk (your license), but you do have rights, and should not waive them. Always request your lawyer and donÕt cooperate with anything if you wish to exercise your rights.
Does a person have a choice to refuse being videotaped?
No. However, although a person has no right to refuse being videotaped, he does have the right to refuse to perform any police field sobriety exercises and to refuse to answer any questions, the answers to which, might be incriminating. Unlike breath or blood test refusals, there are no penalties for refusing to perform field sobriety tests or refusing to answer questions while being videotaped.
Are Field Sobriety Tests very accurate?
If performed in a controlled environment in the exact proscribed standardized manner, the tests can be a likely indicator of intoxication. This is hardly done in the street.
The research conducted by the National Highway Traffic Safety Administration, the designers of the tests, concluded the Horizontal Gaze Nystagmus is 77% accurate, the Walk & Turn is 68% accurate, and the One Leg Stand is 65% accurate only when administered in the prescribed, standardized manner. Any change from the standardized manner will compromise the tests validity and make any result inaccurate. When not conducted properly it becomes an opinion test of the officer.
Therefore, these tests will inaccurately claim 23% - 35% of the people tested as intoxicated. Which when done incorrectly, which is the norm, can drop the accuracy to a frightening level.
What can affect my performance on Field Sobriety Tests?
Even SOBER persons can have difficulty with these tests, as stated by The National Highway Traffic Safety Administration. The reason is as the NHTSA has admitted, are several factors that affect every person, such as:
* Age
* Being ill
* The distraction of traffic
* The police carÕs strobe lights
* Fatigued
* Footwear
* Lack of coordination
* Gusts of wind
* Weight
* Road or sidewalk conditions
* Allergies
* Scared
* Head lights of traffic
* Weather conditions
* Being nervousness
* Back problems
* Leg or knee problems
* Inner ear disorders
What is the State's burden of proof to prove me guilty?
The State of Texas must prove your guilt "beyond a reasonable doubt", which is the highest burden of proof in the justice system. It is not defined, by Texas law, but can be easily explained to a jury.
The lowest burden of proof is probable cause. That is how an officer can start an arrest.
The next highest burden of proof is preponderance of the evidence. This is the amount of proof needed in civil courtrooms involving civil suites. A preponderance of the evidence is proof amounting to 51% or who can move the scales of justice.
The next highest burden of proof is clear and convincing evidence. This is amount of proof that will cause a juror or judge to have a "firm belief" in the matter to be proved. This is used in custody cases. Most juries when they hear that the burden of proof is higher than that to take their kids away from them understand the high level of proof.
Beyond a Reasonable Doubt is the highest burden of proof. A jury must have more than that necessary to take your kids away in evidence that you were intoxicated before they could find you guilty. This is very simple, if a juror has a single doubt, based on reason, as to a person being intoxicated, they must follow the law and find them not guilty.
Do I have the right to an attorney before deciding whether to take a breath or blood test?
Texas law does not give you the right to speak with an attorney prior to making the decision of whether or not to take the field sobriety tests, the breath test or blood test. However, the law does not require you to perform any field sobriety tests or to take a breath or blood test so continue to ask for an attorney and refuse to cooperate and the likely chances of being found NOT GUILTY can increase!
How long will a DWI arrest stay on my record?
If you are convicted of the DWI, it will be on your record for life. Furthermore, a DWI conviction can be used for ten years to enhance your punishment of you are arrested for DWI again. If you are found Not Guilty, you can have the arrest and DWI charge "expunged" from your record.
- White, George:
The law is an ever changing body of information, and you should verify the information is current.
- Martin Morrison:
DWI and DUI are serious offenses that cause great hardship.
An arrest and conviction can lead to the loss of your license, fines, community service, and possibly jail time.
- Cashman & Conner:
Nobody likes getting busted, especially for DWI in Texas. Texas is one of the toughest states for DWI, so make sure you've got an attorney who knows the right procedures to represent you.
- Harvey Stephens:
In general, the Fourth Amendment requires police officers to obtain a
warrant prior to arresting a person or taking them into custody. Police
officers are usually only permitted to take a person into custody
without a warrant if they have probable cause to believe that the
person has committed a felony or a misdemeanor in their presence.
However, the Court in Terry upheld the constitutionality of a
warrantless on-the-street detention and "frisk" (patting down a person
to search for weapons), even though the officer's suspicions fell short
of probable cause for placing the subject of the investigation under
arrest. Under the stop-and-frisk exception established by Terry, police
officers do not generally need a warrant to briefly detain and frisk
someone without probable cause if they have reasonable suspicion of
criminal activity.
- McConathy &
McConathy:
If you have been charged with DWI, you must request a hearing within
fifteen days of your arrest to prevent immediate suspension of your
driver's license. Whether you face DWI or any other criminal charges,
the important thing is to take immediate action to preserve your rights
and possibly your freedom.
- Keller
- Hendricks Jefferson & Weathers:
Maybe you didn't commit the crime the police are charging you with, but you have a tough road ahead of you.
Whatever your particular situation, when you are facing criminal charges, that is when you most need someone you can count on. You need an experienced and aggressive defense attorney.
- Kerrville
- Harold Danford:
A Miranda warning advises individuals of their constitutional right not to answer questions that would incriminate themselves and to have a lawyer present before answering any questions.
- Kileen
- Pritchard, Brett:
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- Ed Laughlin:
There are many factors to consider about your current situation, including the effect a DWI charge will have on your future.
- Tom Baker:
You should consult an attorney for individual advice regarding your own situation.
- Stevens & Stevens:
The U.S. Constitution grants an accused the right to "a speedy and
public trial, before an impartial jury" in "all criminal
prosecutions." The alternative to a jury trial is a "bench" trial;
i.e., a trial by a judge. In a jury trial, the jury determines
facts and applies legal principles to reach a verdict. In a bench
trial, however, the judge decides virtually everything.
- Kilgore
- Watson Law Firm:
Driving While Intoxicated (DWI)
No question about it, Driving While Intoxicated is a major issue in Texas. Depending on the circumstances, a DWI conviction could have you facing imprisonment and the loss of your driverÕs license. Even a first DWI offense could have you facing serious consequences, including fines, jail time and driverÕs license surcharges.
At the Watson Law Firm, we provide representation for clients charged with DWI offenses in Kilgore, Longview, Henderson and all of East Texas. If you have been arrested or charged with a DWI offense, contact us immediately to begin your defense.
It is very important to contact us as soon as possible after being arrested for DWI. You have 15 days after receiving Notice of Suspension to request a hearing concerning your driverÕs license status. If you fail to request the hearing, your driverÕs license will automatically be suspended. Many people think they will receive a separate Notice of Suspension by mail; however, Notice of Suspension is generally served on you the night of the arrest. If you are unaware or confused as to what occurred during the arrest process, you may overlook this important issue.
- Kingsville
- Phillip Goff:
Should I hire a lawyer?
Without a doubt, YES, and the sooner the better. Some evidence, by its
very nature, is most valuable and obtainable for a short time. Delay
may prevent the development of some evidence. DWI cases are very
complex, involving a great amount of law and science. Failure to
quickly request an ALR hearing can handicap your defense. It is
critical that you obtain quality legal counsel quickly.
Conviction for DWI can lead to severe and far-reaching consequences,
and your driving record will NEVER be cleared after conviction is
final.
Whether you hire Mr. Goff or another qualified lawyer, you owe it to
yourself to hire an attorney to handle this matter. Don't kid yourself
into thinking that you can do it yourself. If you could handle it
yourself, would you be reading this?
- Kingwood
- Cheryl Fuson:
Texas has recently passed a new law lowering the alcohol level in your
system to 0.8 instead of .10 to be arrested for DWI. In the 1960's, a
conviction of DWI would have been a fine and a slap on the wrist, but
today it is a very serious offense, even for first time offenders. It
involves a Class B misdemeanor with a possible fine not to exceed
$2000.00; jail time not to exceed 180 days; or both. Your license is
suspended for several months. Granted, usually probation is given the
first time, but the fine is much higher, the conviction stays on your
record forever and is also discoverable in your driving records which a
potential employer could easily discover. This doesn't even include a
500 to 1000% hike in your car insurance!! Your best offense is to
remember how serious it is to drink and drive and get caught. It just
isn't worth the risk. Don't let anyone tell you it is a minor offense.
It is not.
- Laredo
- Balli, Roberto:
* Murder
* Intoxicated Manslaughter
* Aggravated Assaults
* Drug Charges (Cocaine, Marihuana, Heroin, Methamphetamine, Prescription Drugs)
* Alien Smuggling
* Weapons/Firearms/Gun Charges
* Organized Crime
* Conspiracies
* Sexual Assaults
* Child Abuse
* D.W.I. and Occupational DriverÕs License
* Family Violence/Domestic Violence Cases
* Theft/White Collar Crime
* Expunctions
* Non Disclosure of Criminal Records
* Shock Probation
* Early Termination of Probation
Facing state or federal criminal charges in Webb County can be one of the most terrifying situations ever encountered by a person. Regardless of whether the arrest is a minor amount of marijuana, several kilos of cocaine, or any other criminal charge that could take away your freedom and forever change your life, you need a lawyer that understands the law and your situation.
Often a person arrested for a criminal offense is confused, scared, and uncertain of the impact an arrest will have on their life. These feelings are normal, and you need to realize that this is something that must be taken seriously, but you can also get through.
Take a deep breath, regain your composure, and take action by speaking with an experienced state and federal criminal defense lawyer that can help you.
- League City
- Meeh, Judy:
Although Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are two different crimes in Texas, and an experienced lawyer can help you mitigate some of the serious consequences of a conviction of either crime.
DUI
In Texas, a DUI conviction is a Class C misdemeanor, and occurs when someone under the age of 21 has any detectable amount of alcohol in his or her system. For first-time offenders, punishment includes a fine of up to $500, alcohol education classes, license suspension for up to 180 days, and community service. For multiple offenders, the punishment may include up to 180 days of jail time, a fine of up to $2,000, and a two year license suspension.
DWI
DWI occurs when a person is operating any vehicle in public while intoxicated. Currently, you are legally intoxicated if your blood alcohol concentration is .08 or higher. For other drugs, you are legally intoxicated if you have lost use of your physical or mental faculties. In Texas, a DWI conviction is a Class B misdemeanor, and punishment includes jail time ranging from 72 hours to 180 days and a possible fine of up to $2,000, as well as a license suspension for up to 180 days.
For multiple DWI convictions, the punishments increase significantly. A second DWI conviction is a Class A misdemeanor, and punishment includes jail time ranging from 30 days to one year and a possible fine of up to $4,000, as well as a one to two year license suspension. A third DWI conviction is a Third Degree felony, and punishment includes jail time ranging from two to ten years and a possible fine of up to $10,000, as well as a license suspension for up to two years.
License Revocation
If you or someone in your family is arrested for a DWI or DUI, or your child is issued a citation charging him or her with a DUI offense, you only have 15 days to request an administrative license revocation hearing. Otherwise, you face losing your license before your trial even begins. This administrative hearing can prove helpful, as it gives us the opportunity to hear the evidence the prosecution has against you before your trial so we can begin preparing your defense.
- Lewisville
- Haugen Law Firm:
Challenging evidence after a DWI arrest and charge
At the time of your DUI arrest, the officer must have had probable cause to pull you over. Probable cause can come from violation of any traffic laws or evidence that you were driving under the influence. You may have been subjected to field sobriety tests, a breathalyzer/intoxilyzer test or a blood test to determine your blood alcohol level. If you have been arrested for driving under the influence (DUI) or driving while intoxicated (DWI), an experienced attorney can challenge the evidence used against you.
- Julian, Crowder & Shuster:
DWI arrests are not proof of guilt. They are made solely on the arresting officer's opinion.
- Wright Law Firm:
The DWI laws in Texas are tougher than ever. Conviction for a drunk driving offense can create havoc with your life. Many individuals think that there is no recourse if they have been stopped for driving under the influence. That could be wrong. Even for those who have been stopped and had failed breathalyzer or failed sobriety tests, there is hope for a clean record.
- Isaacson, Lars:
Often, when a person is stopped for DUI/DWI, it is often their first experience with the police and being detained. Some general information may be helpful.
„ Driving under the influence/Driving while intoxicated is a crime under the laws of the State of Texas. It is punishable as a first offense with a fine and up to 180 days in the county jail. Subsequent convictions can enhance the charge to a felony level.
„ When you are stopped for DUI/DWI, if you refuse a breath test, or test over the legal limit of .08, your license will be taken from you, and you will be handed a tempory license that is only good for a brief time. You must file a request for an ALR hearing within 15 days, or your license will be suspended. It is crucial you request an ALR hearing, as it will stay your license suspension until a hearing can be held on the sufficiency of evidence to make the traffic stop.
„ Driving while intoxicated is an offense that can be fought and often can beŹwon at trial. It is an offense that is much more subjective than other alleged offenses, and the state has to prove beyond a reasonable doubt that the driver was over the limit of .08 or was impaired by alcohol.
„ Juveniles are under a "zero tolerance" policy- they may simply not drink any alcohol or drive.
How do I get a loved one out of jail?
Contact the jail where the person is being held. A partial list is provided on the links page. Soon after being processed, a bond will be set for the person being held. A bond is money given or promised to the court to guarantee that the person will attend all court hearings. The amount of the bond goes up, the more severe the alleged crime.
There are two major types of way to post a bond- first is to put up the entire amount of the bond in cash, i.e., a "cash bond." Thus, if the jail informed you the bond was $1,000, then you could bring $1,000 to the jail to secure the release. Once the case is over, that money could be refunded or applied to court costs.
However, many people may not have that type of money immediately on hand. They then can go to a bondsman, who will post the bond, in exchange for a fee, often 15% of the bond amount. Thus, if a person had a $1,000 bond, the person's family could go to a bondsman, who might charge the family $150.00 to post the bond. That $150.00 is not refundable.
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What is the "surcharge" for a DWI Conviction?
Under Texas Transportation Code ¤ 708.102, each year the Department of TransportationŹshall 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. 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.
Thus, a person convicted of DUI/DWI is assessed a minimum of $3,000 of surcharges- another reason to take these cases to trial!
What do I do if stopped for DWI?
Every case is different- but all parts of the DUI/DWI arrest and testing is for one purpose- to convict you of DUI/DWI. It is thus generally best not to participate in the DUI/DWI field tests, and not take the breath and/or blood tests offered to you.
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More questions? Driving while intoxicated is a very serious crime that can have great consequences for you and your family. Such charges can and should be defended.
- Alexander & Baldwin:
Facing criminal charges can be a frightening experience.
- Kuzmich
Law:
If you have been arrested for DWI or DUI, you should remember that you
have valuable rights, including:
the right to remain silent and not make any statement to the police;
the right to consult with an attorney prior to and during any
questioning by the police;
the right to terminate police questioning at any time;
the right to refuse to perform police administered field sobriety tests
or breath/blood tests;
the right to consult with and retain the services of an attorney of
your choice; and
the right to require the State of Texas to prove your guilt to
a jury beyond a reasonable doubt.
Before waiving any of these rights, you should speak with an
experienced criminal attorney!
- Hammerly & Finley:
A person may be sentenced up to 180 days in jail and fined $2,000 for a
conviction for DWI.
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