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McKinney DWI Lawyers

1. Rosenthal, Jeremy: Texas has two legal definitions of intoxication. The first is what we will discuss today Ñ not having the Ònormal useÓ of you mental or physical faculties. The second is having a blood alcohol concentration of 0.08 or greater. Herein lies a classic struggle between prosecutor and defense attorney. The term Ònormal useÓ is usually defined by the judge only to be a Ònormal non intoxicated person.Ó ThatÕs all the clarification a jury gets. ItÕs as clear as mud. What the prosecution will often attempt to do Ñ as early as jury selection Ñ is manipulate the definition of ÒnormalÓ to make it as slight a burden as possible. The less drunk they have to prove the defendant is, the better their chance of winning at trial. IÕve had prosecutors suggest to the jury that having rose-colored cheeks after a glass of wine is a sign alcohol is affecting someone. Other examples IÕve seen from prosecutors is that someone who is chattier or quieter than usual because theyÕve been drinking may be signs of Ònot having the normal use.Ó Obviously, examples as given above can be seen as excuses to convict practically anyone that has been drinking and is behind the wheel. ThatÕs not the law. A DWI trial lawyer will point out that the words Ònormal useÓ are very broad and mean what they mean. They shouldnÕt be manipulated by prosecutors trying to lessen the burden of proof. IÕve been on a airplane before where there was an engine malfunction yet the pilot announced to the passengers that the plane Òwas operating normally.Ó The word normal is extremely subjective. Fighting DWIÕs in Dallas and Collin Counties involves knowing how to spot and combat this trial tactic and many others prosecutors are taught.
2. Curran, Michael: Criminal Law: Intoxication Manslaughter Texas Lawyer Defending People Accused of Serious DWI Crimes Under the Texas Penal Code, intoxication manslaughter is an offense that occurs when a person operates a motor vehicle while intoxicated and, while doing so, accidentally or mistakenly kills someone else. Intoxication manslaughter is a felony of the second degree and should be handled by a well-qualified attorney.
3. Diaz, Michael: * Drug charges including possession and delivery * Assault and domestic violence * Driving While Intoxicated * Theft offenses * Probation revocations * Traffic citations * Misdemeanor and felony offenses
4. Haynes, David: * Criminal Law * Felonies * Misdemeanors * DUI/DWI * Drug Charges * Juvenile Crime
5. Brown & Long: The state of Texas takes DUI/DWI charges very seriously. Jail time is possible even on a first offense. Fines, a criminal record and license suspension or revocation are also possible, along with issues relating to employment. If you have been charged with drunk driving in Collin, Dallas or Grayson counties, you need an aggressive and experienced criminal defense lawyer to fight for your rights through dismissal of charges or significantly reduced charges and penalties.
6. Underwood, William: Need for an Attorney If you are being charged with a misdemeanor or felony offense you may need to consult with a criminal defense attorney. Both misdemeanors and felonies have the potential for jail time and probation. Misdemeanors are generally regarded as less serious crimes but nevertheless require an aggressive defense as they carry a potential jail sentence in county jail. Felonies are the most serious category of crimes and carry a potential state jail or state prison sentence. Representing Yourself It is essential that you understand the seriousness of the charges, the consequences, and the possible defenses to the charges. It is unlikely that the average person could represent himself or herself effectively in court against an experienced prosecutor. The prosecutor knows the law better than the average person and is experienced in these matters. If you choose to represent yourself, you are on an uneven playing field and at a disadvantage. That is why you should consult with an attorney on these matters. WHAT IF I HAVE NOT BEEN ARRESTED, ACCUSED, OR CHARGED WITH A CRIME? DO I STILL NEED AN ATTORNEY? Be careful! Even though you are not accused or charged with a crime, you may be a suspect while law enforcement carries out their investigation. Yes, you should consult with an attorney before making any statement. What you say, no matter how well intentioned, can be misinterpreted and may be used as evidence against you later.
7. Daniel & Harrison: Texas law takes DWI and DUI offenses seriously. Consequences for drunk driving can include suspension of your driver's license, fines, community service, probation, and even incarceration. So, when you have been accused of drunk driving, it is important to hire a criminal defense attorney who takes your defense seriously.
8. Tim Avery: If you have been arrested on a drunk driving charge, you need to seek legal counsel immediately. You have 15 days to save your driver's license in an Administrative License Revocation Hearing, and you need the support of an experienced DWI/DUI lawyer to help you do that.
9. Heather Barbieri: What will happen if a police officer suspects me of drinking and driving?

   Here's the reality: if you are pulled over and the police officer has a suspicion that you have been drinking - he is not going to let you just go home. He is going to take you into custody regardless.

   So, bearing this in mind - you need to plan accordingly. If the police officer asks you to take a Field Sobriety Test (FST) respond to him by saying: "I am more than happy to cooperate as soon as I confer with my attorney and I can take whatever tests you desire me to take in the presence of my attorney."

   You do not have to take the FSTs. You are within your right to have an attorney present with you when you take the tests. And believe me - it is far better off to have an attorney at your side then to subject yourself to the "tests."

   One often forgotten fact is that it is not illegal to drink and drive. It is only against the law to drive if you are intoxicated. If I take a breathalyzer test and the results indicate that I am intoxicated, is my case just hopeless?

   No, absolutely not. The breathalyzer tests that law enforcement use are some of the most inaccurate and unreliable tests imaginable. They are calibrated to almost always produce an unfavorable result for you. For example, if you have a filling or bridgework or other dental work, you will result in a higher breathalyzer score than if you didn't have the dental work.

   Did you also know that the mechanisms that law enforcement uses are so unreliable that the manufacturers do not even stand behind their products with a warranty?