Brought to you by Colorado DUI Drunk Driving Defense

McAllen DWI Lawyers

  1. Godinez, Ricardo: Driving while intoxicated (DWI) is a very serious charge that can result in the loss of your driver's license, your money and your freedom. A DWI conviction usually ends up costing thousands of dollars in fines, driver's license reinstatement fees and high-risk auto insurance. While it may be expensive to hire a lawyer to defend you, the cost of not hiring a lawyer is usually much higher. Your Driver's License Suspension Hearing If you failed a Breathalyzer test or refused to take one, you will receive a letter from the Texas DPS warning you that your driver's license will be suspended. Most people don't know they have a right to appeal this suspension, but you must act fast. DWI defense lawyer Ricardo Godinez has been very successful in getting DWI/DUI driver's license suspensions overturned. Even if your driver's license is suspended, we can help you obtain an occupational license to drive to and from work. Your Criminal Court Case To convict you of drunk driving, the state must prove that you had a blood alcohol content of .08 or higher, or that your normal physical or mental functions were impaired by alcohol. There are specific defenses to avoid or minimize criminal penalties...
  2. Ball, Johnathan: Facing Criminal Charges in Hidalgo County? Being charged with a crime is never a simple matter. When criminal charges are brought against you, the full weight of the government's power is being used to try and punish you. If you are facing criminal charges it is important to act quickly to begin protecting yourself. McAllen Lawyer Johnathan Ball represents clients facing criminal charges in State and Federal court throughout the Rio Grande Valley. This includes charges of driving while intoxicated (D.W.I.), assault, possession of drugs, illegal weapons possession, possession of drug paraphernalia, public intoxication and felony charges including aggravated assault, sexual assault, criminal homicide, possession of drugs, car theft, robbery, and injury to a child. What to do after a DWI arrest. Being arrested for DWI in Texas is a serious matter. You must begin working right away to give yourself the best chance possible of successfully navigating the legal system. Contact the Texas Department of Public Safety and Request an ALR Hearing. If you refuse to provide a blood or breath specimen after being arrested on suspicion of DWI in Texas, you only have a short window of time, fifteen days, to request an Administrative License Revocation (ALR) Hearing. At the ALR hearing, a Judge designated by the Texas Department of Public Safety (DPS) will hear your case. At this ALR hearing, the DPS judge will decide if there was sufficient probable cause to arrest you on suspicion of DWI. If the judge determines there was probable cause to arrest you, then your license is suspended. The ALR hearing is important because it is your first chance to confront the arresting officer about the reasons behind your arrest. Having an experienced DWI attorney at this hearing will be very helpful. An experienced DWI lawyer will understand how to question the officer correctly. Even if you lose the ALR hearing (which more often than not you will) you still gain valuable information that can help your case later. If you missed the deadline to request an ALR hearing, contact an attorney or request an attorney be appointed for you. Even if you missed your chance to have an ALR hearing, you still need to begin defending yourself against the charges as soon as possible. If you are financially unable to hire a lawyer, contact the Indigent Defense Office in your county and tell them you want to apply for a Court appointed lawyer. Once you have a lawyer, you can begin the discovery process. During discovery your lawyer will be allowed to review your file. Your file will contain a copy of the police report, arrest records and most importantly, a video. If you refused to provide a breath specimen, this video will be your best (or possibly your most detrimental) piece of evidence. It is important that your lawyer be hired or appointed early enough in the process to review the tape, discuss the tape with you and decide on a course of action for your case. Talk with your lawyer about what is in the prosecutor's file and where your case should go Once your attorney has reviewed the prosecutor's file, sit down with him or her and discuss what was in the file. What did the report say? Was it accurate? If not, tell your attorney where the inaccuracies are in the report. Also, discuss the video. How did you appear on the video? Were you able to follow the officer's commands? How was your voice? Did you slur or was your speech clear? These are the types of factors that need to be looked at in deciding where your case should go. If you look good on the video tape, you will want to discuss the possibility of taking your case to trial. In discussing your trial, ask your attorney about their trial experience; their results at trial and whether they recommend you go to trial. On the other hand, if you impaired on the video tape, discuss with your attorney the options for plea bargaining with the State. Also, make sure that you provide your attorney with any paperwork you receive from the Court. Obtaining an Occupational License Your license can end up being suspended following an arrest for DWI if you refuse to provide a breath sample and then either forget to request an ALR hearing or lose your ALR hearing. If you license has been suspended, it is illegal for you to operate a motor vehicle for any reason. That is why you will need to obtain an Occupational Driver's License (ODL). An ODL allows you to legally operate a motor vehicle at certain times of day. In order to obtain an ODL, you need to file a petition requesting an ODL, stating the reasons for needing an ODL, and you must also submit an affidavit of necessity in support of your ODL. Most importantly, you must contact your insurance company and obtain an SR-22 form. An SR-22 is a document you must provide to the Court in order to receive your ODL. Once all this paperwork has been gathered together, it can be submitted to the Court. If you are granted your ODL, you can then legally operate your motor vehicle at the times stated in your ODL.
  3. Garcia, Raul: * Immigration * Family Law * Criminal * Personal Injury
  4. Raul Guajardo: If you have been charged with a crime, even a misdemeanor, it is important to contact an attorney. A criminal conviction can have a lasting impact on your employment and education opportunities. Although no attorney can promise a particular result in any given case, an experienced criminal law attorney can negotiate on your behalf and seek a positive result that may be able to protect your record. Even in cases in which a conviction may occur, an attorney may be able to help minimize the penalties and negative consequences of a conviction and help clients take positive steps to achieving the best possible result in their case.
  5. Sheldon Weisfeld:

    DWI

    If you have been charged with a DWI, or any type of drunk driving charge in the State of Texas, it is important to call a lawyer immediately - as waiting too long could result in a loss of your driver's license. Much of my practice is devoted to representing people charged with driving while intoxicated (DWI). Getting a Texas DWI can cause serious problems. These are commonly referred to DUI, DWI, or "drunk driving" cases. In these cases, I will help you fight for a dismissal or reduced charge (such as negligent or reckless driving) when appropriate. When an agreement can't be reached with the prosecutor, then I will fight for you at trial and seek a not guilty verdict. As part of Texas law, I will handle your DMV hearing and fight for your driving privilege.

    First Offense:

    1. up to a $2,000 fine
    2. 72 hours to 180 days in jail
    3. driver's license suspension: 90 days to 1 year

    PROBATION:

    Most people convicted of a first offense DWI do not serve any jail time. They are technically sentenced to jail, but the jail sentence is suspended and they are put on probation (community supervision). The probation is generally for a term of one to two years. While on probation you must do what the judge orders you to do. These orders are called conditions of probation. If you do not do what the judge has ordered you to do (the conditions) then the judge has the option of revoking your probation and putting you in jail for any number of days up to the original jail sentence you received that was suspended.
    The judge can order any reasonable condition on your probation. The typical conditions of probation are as follows:

    1. Do not violate the law.
    2. Report to your probation officer. (This is usually once a month.)
    3. Pay your fine, court costs and monthly probation fees.
    4. Do your community service. For a first offense DWI you must do between 24 and 80 hours community service. The type of community service varies.
    5. You can not drink alcohol.
    6. You must attend DWI Education classes.
    7. You must attend what is called a Victim Impact Panel. This is presented by M.A.D.D. It is designed to educate on the dangers of DWI.
    8. Get a drug and alcohol evaluation. (If the evaluation reveals you have a problem with drugs or alcohol then treatment of the problem will be ordered.)
    9. Maintain a job.

    {These are the most common conditions that are imposed on a person placed on probation on a DWI first offense}

    Second Offense:

    1. up to a $4,000 fine
    2. 30 days to 1 year in jail
    3. driver's license suspension: 180 days to 2 years

    PROBATION:

    If you are convicted of a second DWI you are eligible for probation. Probation is not granted as often for second DWI as it is for first, but it is not uncommon. If you are given probation on a second DWI the requirements will generally be much more demanding than a first offense. Likewise, the length of probation will more than likely be for a full two years. The additional requirements that are generally required on a second offense are as follows:

    1. You must serve jail time as a condition of your probation. (The maximum is 30 days; this is day for day jail time.)
    2. The community service must be from 80 to 200 hours.
    3. You will be required to have a deep lung air device on your vehicle. This is a breath test hooked up to your cars ignition. If alcohol is on your breath your car will not start. This will be automatically reported to your probation officer as a violation of your probation and can cause your probation to be revoked.

    Third Offense:

    1. up to a $10,000 fine
    2. 2 to 10 years in the state penitentiary
    3. driver's license suspension: 180 days to 2 years

    PROBATION:

    If you are convicted of a third DWI there are situations where you are eligible for probation and some where you are not. If you are eligible for probation the term must be from 2 to 10 years. The courts will look at many factors in determining if you get probation. Some of these factors are: How long has it been since your last DWI? If you previously had probation how did you do on that probation? (Did you ever violate a condition of the probation?) How severe are the facts of the new case? Was there an accident? If you took the test how high was you alcohol concentration? Any aggravating factors?

    There is also Shock probation. Shock probation is where you are actually sentenced and go to the penitentiary. At any time prior to 180 days from the date of being sentenced to prison the court can Shock you out of prison and put you on probation. To qualify for Shock probation you must be eligible for probation and never have been sentenced to prison. Then it is the decision of the court that sent you to prison.

    The following conditions of probation will likely be required if a person is granted probation for a felony DWI. (In addition to the ones required for a class A misdemeanor.)

    1. There must be from 160 to 600 hours of community service.
    2. You must serve jail time as a condition of probation. (The minimum time is ten days and the maximum is 180 days.)
    3. There are various types of alcohol treatment programs that a judge can require. These range from inpatient treatment to out patient treatment.


    INTOXICATED ASSAULT: THIRD DEGREE FELONY

    An intoxicated assault is when a person is guilty of DWI and also CAUSES serious bodily injury to another person.

    (Serious Bodily Injury: is defined as an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.)

    1. up to $10,000 fine
    2. 2 to 10 years in the state penitentiary
    3. drivers license suspension: 180 days to one year

    PROBATION:

    Probation is legally available for some intoxicated assault cases. The severity of the injuries as well as prior record of the accused will be important factors on whether or not a person gets probation.

    The following conditions will likely be required if a person is granted probation for an intoxicated assault. (In addition to those for a DWI):

    1. You must serve jail time as a condition of probation. (A minimum of 30 days and a maximum of 180 days.)
    2. There must be from 160 to 600 hours of community service.
    3. There are various types of alcohol treatment programs that a judge can require. These range from inpatient treatment to outpatient treatment.

    INTOXICATED MANSLAUGHTER: SECOND DEGREE FELONY

    A person is guilty of intoxicated manslaughter if he/she is guilty of DWI and by reason of that intoxication causes the death of another. By accident or mistake.

    1. up to $10,000 fine
    2. 2 to 20 years in the state penitentiary
    3. drivers license suspension: 180 days to 2 years

    PROBATION:

    Probation is a legal possibility in some intoxicated assault cases, but is very difficult to get. If it is the result of a plea bargain, the family of the victim usually would have to agree to the deal. These are always very sensitive cases and must be dealt with as such.

    If a person receives probation the following conditions apply. (In addition to the conditions of a felony DWI.)

    1. You must serve jail time as a condition of probation. (A minimum of 120 days and a maximum of 180 days.)
    2. There must be 240 to 800 hours community service.
  6. Della Perez: The Texas Legislature recently passed laws that will take effect 9/1/01. Some of the answers here will be different, depending upon the date of arrest. Italics indicate the new laws. Administrative License Suspension, or ALR, is what he was talking about, but not all arrests end with suspended license. In most cases, a "Notice of Suspension" is served immediately after the test is failed or refused. Beginning 9/1/01, the arresting officer will literally take your driver's license from you on the spot after failing a breath test; refusing a breath or blood test will lead to the same result. The officer is required to give you a temporary license while you wait for the actual suspension or the ALR hearing on whether your license should be suspended. The accused will automatically have his license suspended UNLESS a hearing request is received by DPS within 15 calendar days of the accused receiving his notice of suspension. There are limited circumstances that allow a filing on the next business day after the fifteenth day. I recommend that you request the hearing; if there is any chance it will be permitted. Making a proper and timely request will entitle you to a hearing on whether your license should be suspended. That hearing will be conducted by the State Office of Administrative Hearings (SOAH), supposedly within six weeks of arrest. ALR hearings involve many different laws, such as transportation code, government code, criminal law, rules of evidence, rules of procedure, SOAH rules, and DPS rules. This is another reason it is important to contact a qualified lawyer as soon as possible. DO NOT DELAY. *All answers are for people 21 years or older, do not involve enhancements, are not exclusive, and are limited to Texas.
Return to Texas DWI Lawyers