Mesquite, Mount Pleasant, Nacogdoches, New Braunfels, Odessa, Pearland DWI Lawyers
- Mesquite
- Paul Colton: A deferred prosecution is treatment for alcoholism instead of prosecution. In some cases it can also save your license. However, it is full of dangers and pitfalls.
- Meridian
- Newsom, Brad: A defendant who has been charged with driving under the influence (DUI) or driving while intoxicated (DWI) does not necessarily have a right to a jury trial. Whether a defendant has the right to a jury trial will depend upon the state.
- Midland
- Cook & Cantacuzene: If youÕve been involved in an accident while allegedly driving under the influence of drugs or alcohol, you could be facing expensive fines and a long time in prison. This is especially true if another person was injured, or killed, in the accident. If you need legal representation of a DUI attorney with the experience and knowledge to help you through this tough time.
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Morales Law Office:
- According to Texas law, a person is considered to be intoxicated with an alcohol concentration of .08 before January 1, 2000, and .08 after January 1, 2000, in his/her blood, breath, or urine, or if the person has lost any of his normal use of mental or physical faculties because of using any amount of drugs or alcoholic beverages.
- Administrative License Revocation:
A person arrested for DWI must request a hearing within 15 days from the date of their arrest to contest the suspension of their license.
If suspension is successful first offenders will lose their license for 90 days for failing the test and 180 days for refusing the test.
Repeat offenders may lose their license for up to 2 years.
All offenders must pay $125.00 to have their license reinstated after the suspension period.
ALR is a Civil remedy, seperate from any criminal charges a driver may face.
- Driving While Intoxicated is a crime which effects all Texans. The information in this Web site is designed to make drivers more aware of the penalties and costs of Texas DWI laws and is only a summary of Texas DWI laws.
Always consult with an attorney when seeking legal advise.
- Mineral Wells
- Hearn, Judith: * Criminal Prosecutions and Investigations * Criminal Appeals * Habeas Corpus and other Post-conviction remedies * Aggravated Felonies * Narcotics Crimes * Sexual Assault * DWI
- Cannon, Chad: If you've got the basis for a legal case, protect your rights: don't sign anything, don't walk into the courtroom by yourself and don't take legal advice from anyone other than your lawyer.
- Mission
- Lopez Jr., Miguel: At the time of your arrest, the police officer likely presented you with a Notice of Suspension/Temporary Driving Permit (DIC Š 25). Hopefully you have thoroughly read this document and are aware that your driverÕs license will automatically be suspended 40 days from the date of arrest (or the date you were served with the notice, whichever is later) unless you or your attorney request a hearing in the manner prescribed by law. The importance of requesting this hearing can not be overstated. As your attorney, this is the first formal step I will take to protect your legal rights and preserve your right to drive. The Legal Limit The legal limit for intoxication in Texas is .08 blood alcohol concentration (BAC). However drivers can be stopped and cited for impaired driving due to alcohol or other drugs regardless of BAC. Texas also has a zero tolerance law. For anyone under 21 it is illegal to drive with any detectable amount of alcohol. How much is too much? Impairment begins with the first drink. Gender, body weight, the number of drinks consumed and the amount of food in one's stomach affect the body's ability to handle alcohol. Women, younger people and smaller people whether male or female, often have lower tolerances. Important Note: There is no blood alcohol calculator that is 100% accurate because of the number of factors that come into play regarding the consumption and reduction (burnoff) rates of different people. Factors include the sex (male/female) of the drinker, differing metabolism rates, various health issues and the combination of medications that might be taken, drinking frequency, amount of food in the stomach and small intestine and when it was eaten, elapsed time, and others. The best that can be done is a rough estimation of the BAC level based on known inputs. What happens if you're stopped? If a law enforcement officer asks you to take a blood or breath test to measure how much alcohol is in your system, you should know that if you refuse, you are subject to a 180-day driver's license suspension and this refusal may be used against you in court. Punishment for DWI varies depending on the number of times you have been convicted. On the other hand, if you submit to a blood or breath test and do not pass the test, then you may have provided the government with additional evidence of intoxication. THE FACTS: A single arrest for DWI may give rise to two cases in two distinct judicial forums. These include 1) the criminal charge which will be litigated in the criminal court; and 2) the administrative license revocation (ALR) proceeding wherein the state will seek to suspend your driverÕs license. TEXAS DWI LAWS There are two separate ways a person may be legally INTOXICATED and found guilty of DWI in Texas. If a person is operating a motor vehicle on a public street while: Not having the normal use of MENTAL or 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 substance into the body; or Having an alcohol concentration of .08 or more. The .08 alcohol concentration definition is only for cases where the person arrested has taken a breath, blood or urine test. Breath test is the most common. If the person did not take one of the tests then the prosecution must prove the person did not have the normal use of his/her mental or physical faculties from drinking alcohol or doing drugs or both a combination of alcohol and drugs. The evidence the prosecution presents at trial is limited to the ingesting alcohol, unless there is some evidence or reason to believe the person could have lost the normal use of his/her faculties from some drug other than alcohol. Many times a person will make a statement to the police when arrested saying that he/she took a prescription drug. Taking a prescription drug is NOT A DEFENSE to DWI. If the prescription is the type of drug that can cause a person to lose the normal use of their mental or physical faculties then they can be found guilty of DWI from the effects the prescription has on their faculties or from the combined effect of the prescription drug and the alcohol. The prosecution will generally attempt to prove intoxication by drugs by having a chemist testify at trial about the effects the alleged drugs (or combined effect of alcohol and drugs) can have on a person. It is then the jury's job to determine if they think the person lost the normal use of his/her faculties from taking the prescription drugs. OCCUPATIONAL DRIVER'S LICENSE An arrest for DWI can lead to suspension of your driverÕs license under two circumstances 1) ALR suspension as a result of refusing to take or failing a breath/blood test; 2) consequence of criminal conviction for DWI. If you drive while your license is under suspension, you may be charged with Driving While License Suspended, a misdemeanor. If you do so while on probation for your DWI offense, you risk having your probation revoked. An occupational driverÕs license is a restricted license issued by DPS which allows you to drive to and from work, school and in the performance of necessary household duties during the period of suspension. The license may limit the times you are allowed to drive to specified hours, counties or roadways. Alternatively, the court may authorize you to keep a log detailing your driving activities which can be inspected to ensure that your driving does not exceed what the judge has authorized. PENALTIES Driving While Intoxicated is a class B misdemeanor with a range of punishment of 3 to 180 days in jail and a fine not to exceed $2,000.00. However, Texas law increases punishment for persons with prior DWI convictions. An individual who pleads ŅguiltyÓ or Ņno contestÓ to a DWI charge may not received deferred adjudication. In addition to criminal penalties, a person convicted of a first DWI will be required to pay a surcharge of $1,000.00 per year for three years as a condition to maintaining his license. The surcharge increases for persons with prior convictions. In most circumstances a person convicted of DWI for the first time will not be required to spend time in jail but will, upon his timely application, receive community supervision (probation). The maximum term of probation is 2 years. As a condition of probation the person will be ordered to pay a fine, report to a probation officer, perform community service, abstain from the use of alcohol and attend an alcohol education course. In addition, a personÕs driverÕs license may be suspended for up to 1 year. However, if you receive community supervision and take the court ordered alcohol education course you will be able to keep your license.
- Montgomery
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Robert Markowitz: DWI, depending on the number of prior convictions you have and when those convictions occurred, can be either a misdemeanor or a felony offense.
Generally speaking, the penalties for DWI are as follows:
a) First offense : a first-offense conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 3 days to 180 days, and a driver's license suspension of 90 to 365 days. (Class B Misdemeanor).
b) Second offense: the maximum fine increases to no more than $4,000.00 and/or jail from 30 days to one year, and a possible driver's license suspension ranging from 180 days to 2 years. (Class A Misdemeanor).
c) Third offense: Here, you may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment, and suspension of your driver's license ranging from 180 days up to 2 years. (3rd Degree Felony).
d) DWI with an open alcohol container (first offense): In addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00. (Class B Misdemeanor).
e) DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication: This crime is called intoxication assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000.00. (3rd Degree Felony).
f) DWI where a death has occurred as a proximate cause of the intoxication: Here, the crime is intoxication manslaughter. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies).
g) A prior DWI conviction and a present drag racing charge: Drag racing is a Class B Misdemeanor, however, it becomes a Class A Misdemeanor where the person had a prior drag racing conviction, a DWI conviction, or had an open alcohol container while they were driving.
h) DWI with a child passenger: A person commits a state jail felony if they drive while intoxicated and there is another person in the vehicle who is under 15 years of age. `Punishment for a non-enhanced state jail felony is by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00.
In some of the above minor classifications you may be eligible for probation, but there is no guarantee that you will receive a probated jail sentence or fine. If you are convicted of intoxication assault and wish to receive probation, a minimum of 30 days in jail must be served as a condition of probation. Furthermore, to receive probation upon being convicted of intoxication manslaughter you must serve a minimum of 120 days in jail. However, if you are convicted of Intoxication Assault or Intoxication Manslaughter and the court or jury finds that you committed the offense with a deadly weapon you may be ineligible to receive probation at all.
Generally speaking, the penalties for Driving Under the Influence of alcohol as a minor, in addition to suspension of your driving privileges, are as follows:
a) First Offense: Class C misdemeanor. If you are under age 18 the court will require your parent or guardian to be present with you at every court appearance. Furthermore, the parent or guardian can be forced to attend by the court. Upon conviction, a minor may be fined, and will be required to complete a minimum of 20 and a maximum of 40-hours community service related to education about or prevention of misuse of alcohol. Additionally, the minor will be required to attend an alcohol awareness program sponsored by the Texas Commission on Alcohol and Drug Abuse within 90 days. Furthermore, if the minor is under age 18, the court may require the minor's parent or guardian to attend the program with the minor. If the minor fails to complete the alcohol awareness course within the 90-day period the court may impose an additional license suspension up to six months. For a first offense the minor may receive deferred adjudication, however, an order of deferred adjudication for DUI is considered a conviction. If the minor receives only one conviction for DUI (while a minor), that conviction may be expunged from his record after his 21st birthday.
b) Second Offense: Everything for a first-offense conviction applies to a second conviction, with the following exceptions: The minor will be required to complete a minimum of 40 and a maximum of 60-hours community service related to education about or prevention of misuse of alcohol. Furthermore, a second or any subsequent conviction may not be expunged from your record, however, the minor may still receive deferred adjudication for a second offense.
c) Third Offense: Class B misdemeanor. For a third offense the minor will still be required to complete between 40 and 60 hours of community service, however deferred adjudication is no longer an option. As with the first two offenses the minor will be required to attend an alcohol awareness program within 90 days of your conviction, and if the minor is under age 18 a parent or guardian will be required to attend both the minor's court appearances and the alcohol awareness program. If, on the other hand, the minor is 18 years of age or older at the time of his third offense, the penalty is much higher. Specifically, the minor will receive a fine ranging from $500.00 to $2,000.00; confinement in jail for up to 180 days; or both a fine and some jail time in addition to a license suspension.
- Mount Pleasant
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Richard Townsend: "Custody" is a limitation on an individual's freedom of action by virtue of a lawful process or authority. With regard to criminal procedure, whether a person has officially been placed in police custody is determined on an objective test basis. The test generally measures whether a "reasonable person" would believe that officer in some way suggested that they were not free to leave and custody is therefore not limited to formal arrests. The determination of what does and does not constitute custody can be subtle.
It is more likely that an individual is in custody where:
- There is a traditional arrest and constraint (handcuffs, closed room, etc.)
- Detention is long and involuntary
- An individual is placed in hostile and unfamiliar surroundings
It is less likely that an individual is in custody where:
- There is a routine traffic stop
- Detention is brief and voluntary (as in a brief field interview)
- The police call an individual on the telephone (since the individual is free to hang up)
- Muleshoe
- Tina Davis: A criminal defendant has a right to represent herself during criminal proceedings. Self-representation is a right afforded in both state criminal proceedings and federal criminal proceedings. The defendant has a right to represent herself and that right is implied within the purview of the Sixth Amendment to the United States Constitution. Self-representation is also referred to as pro se defense.
- Nacogdoches
- John Heath: DWI is a serious offense, and DWI arrests can result in significant penalties. You could lose your driver's license, even if your case is dismissed. If convicted, you face fines, court costs, insurance premium increases, loss of job opportunities, and jail. On top of that, Texas DPS will impose an extra fee of at least $3,000 to keep a Driver's License. Often the outcome of a DWI case depends on your prompt action. For example, you have only 15 days to request a contested hearing on the suspension of your driver's license after you recieve a notice of suspension.
- Tim James: In Texas you have an absolute right to refuse to take a breath test or the Field Sobriety Tests. The three standard Field Sobriety "Tests" consist of the Officer looking into your eyes, having you follow a pen light or other stimulus and deciding whether or not your eyes "jerk" (a test only Officers can see); standing on one foot and counting; walking nine steps, heel to toe, turning around and walking back. All these tests are probably recorded on a video tape and if the terrain is uneven or if you are uncoordinated or overly nervous, your chances of passing these tests may be pretty low. The Officer gives you no points for doing any part of the test correctly but only scores negative points when he decides that you have not performed them properly. If you refuse to perform the tests, the officer may decide to arrest you. If you take them and the officer decides you didn't meet his standards, he will arrest you anyway. It is up to you to decide whether you should "take" the Officer's tests but, if he felt you were not intoxicated he would probably not ask you to take the tests.
- New Boston
- Langdon Davis: Criminal charges are the most serious charges, which the legal system can bring against you. When you are accused of a crime, it is of the utmost importance that you find reputable and respected legal representation as soon as possible. That is because, when an alleged crime occurs, you are immediately under scrutiny. The police investigation begins then and there and, of course, anything you say or do can be held against you in a court of law. You need immediate legal counsel.
- New Braunfels
- Umphrey, Darren:
DWI DEFENSE
Most of us know somebody who, at one time or another, has been accused of Driving While Intoxicated. Whether it is you, a friend, co-worker, or family member, DWI is probably the one criminal offense that will undoubtedly affect at least one person we know well and care about. If that someone turns out to be you, it is critical that you have a trusted legal advisor who will answer your questions, knows the law, and is capable of zealously defending you in court.
- Campos, Atanacio: Criminal Defense Felonies Misdemeanors
- Burrell, William: Bankruptcy Personal & Business Credit Cards Foreclosure Taxes Family Law Divorce Wills & Probate Criminal Law Felonies Misdemeanors Revocations DWI DUI
- Zamora & Schoon: Driving While Intoxicated Assault Theft Sexual Assault Robbery Driving While License Invalid Harassment Terroristic Threat Murder Burglary Possession of Marijuana Possession of Controlled Substance Forgery Injury to a Child Intoxication Assault Engaging in Organized Criminal Activity Juvenile Criminal Matters Motion to Revoke Probation (MTR) Early Termination of Probation Bond Reduction Appeals Writs of Habeus Corpus Expunging (Clearing) Arrest Records Orders for Non-Disclosure of Arrest Records Occupational DriverÕs Licenses
- Brown, Hazel: Have you or someone you know been busted on a DWI charge? If a breathalyzer was involved then the charge probably centers around the blood alcohol content or blood alcohol concentration (BAC) at the time of the arrest. What is Blood Alcohol Concentration? Blood Alcohol Concentration or BAC is the percentage of alcohol in your blood. In the state of Texas , the legal limit for intoxication is .08 blood alcohol concentration. Many factors affect and ultimately determine an individualÕs BAC including: - Gender, - Body Weight, - Number of drinks consumed (or amount by volume if drinking from a large bottle), - The type of drinks consumed - and the amount of food in oneÕs stomach. WomenÕs and small adults in general, reach a higher BAC with a lower consumption of alcohol. Drinking after eating a good meal can result in a lower BAC than drinking the same amount of alcohol on an empty stomach. How does BAC affect your case? Prosecutors are trained to do one thing: convict you. If your BAC was found to be at or above .08 at the time of arrest then state prosecutors will try to use that against you to fine you, take away your driving privileges, and possible imprison you. DonÕt go it alone. Prosecutors will stack as many charges against you as they can to convict you to the highest limit that the law will allow. A DWI defense attorney has an arsenal of tools to try and prevent that from happening. What can / should you do now? You need a good New Braunfels defense attorney. Choose your drunk driving defense lawyer carefully. DonÕt make your decision based on an advertisement (or website) alone. Make an in-person appointment with a competent DWI defense lawyer.
- Zimmerman, Martin: The price of a DWI conviction can be high: * Driver's license suspension * Big fines * Court costs * Lost time from work * A permanent stain on your record * Probation * Possible jail-time * Ignition interlock * Driver's license surcharge A DWI case is built on the opinion of the officer. Unless you give the officer evidence to use against you, the prosecution's case is no more than the officer's word against yours. That is why the officer subtlety tries to have you give evidence against yourself. Don't do that. You have rights. Use them. You have the right to remain silent. You have the right to an attorney. You have the right to refuse to take the intoxilyzer/breathalyzer test or blood test. There is no logical reason for you to forgo those rights and simply comply with every demand to cooperate. If you have been arrested for drunk driving, the sooner you have an attorney working with you, the better chance you've got to: * Keep your license * Minimize fines and costs * Not lose your job * Keep your record clean * Keep yourself out of jail
- Kyle, Law Firm: DWI/Driving While Intoxicated. If you have been arrested for an intoxicated driving offense, time is critical. Within the first fifteen (15) days after your arrest you must request an ALR (administrative license revocation) hearing, or you will lose your right to appeal the automatic suspension of your license. Failing to request the hearing will mean a definite suspension of your license for ninety (90) days if you failed a breath test, or 180 days if you refused the test, or even longer if you have prior intoxicated driving offense contacts with the State of Texas. In the meantime, you need an experienced lawyer to prepare the defense of your DWI case. Lawyers at the Kyle Law Firm know the Standardized Field Sobriety Testing administered at the roadside and in the stationhouse by the arresting law enforcement. We are also familiar with the components, strengths and flaws of the Intoxilyzer 5000 breath test machine. Whether you refused or failed a breath test, you need an experienced lawyer to help you now.
- Deborah Wigington: It is important to have an attorney review the DWI video made by the police of your traffic stop and arrest. Why? How the police officer administers the Standardized Field Sobriety Tests (SFST) is extremely important to your case and could result in portions or the entire video being excluded from evidence, potentially benefiting your case. The DWI Standardized Field Sobriety Tests (SFST) consist of the HGN (Horizontal Gaze Nystagmus), the One Leg Stand and the Walk and Turn test. In the HGN, the officer is looking for a ŅtickingÓ of the eyes at several points, among other things, that may demonstrate intoxication. In the One Leg Stand, the officer is looking for any swaying, using of arms for balance, hopping on one foot or putting your other foot down. In the Walk and Turn, the officer is watching for numerous ŅindicatorsÓ of intoxication: if you canÕt balance during instructions, starting the test too soon, stopping while walking, not touching heel to toe, stepping off the line, using arms to balance, an improper turn (or losing balance on turn), and taking the wrong number of steps. The Standardized Field Sobriety Tests must be performed in a ŅstandardizedÓ manner set out in the OfficerÕs training manual. There are numerous ways that they can incorrectly administer the tests as well as other conditions such as age, medical problem, shoes, or an uneven surface that could impact a personÕs performance. It is important to have a experienced criminal attorney review your DWI case in Comal County, Texas to determine if officer mistakes could benefit you. Too often, attorneys will rush DWI clients through the system without adequately evaluating possible defenses. DonÕt let this happen to you.
- David Friesenhahn: THINGS YOU SHOULD KNOW ABOUT DWI CASES 1. Range of Punishment: First Offense -- Class B Misdemeanor Fine: up to $2000 County Jail: 72 hours up to 180 days Probation: up to 2 years Driver's License Suspension: 90 days up to 1 year Second Offense -- Class A Misdemeanor Fine: up to $4,000 County Jail: 30 days up to 1 year Probation: up to 2 years Driver's License Suspension: 180 days up to 2 years Third Offense -- 3rd Degree Felony Fine: up to $10,000 Prison: 2 years up to 10 years Probation: 2 years up to 10 years Driver's License Suspension: 180 days up to 2 years 2. Driver's License Surcharges: First Offense Conviction: $1000/year x 3 years Subsequent Offense Conviction: $1,500/year x 3 years Conviction Where Breath Test is .16 or Above: $2,000/year x 3 years 3. Just Because You Blew Over the Legal Limit Does Not Automatically Mean that Your Are Guilty. It's not illegal for you to be intoxicated at a jail when you take a breath test. It's illegal for you to be intoxicated when you are driving. And a person's alcohol level can vary over time. Even if you blew over the legal limit at jail, it's possible that your blood alcohol was below the legal limit when you were driving. A jury in a DWI case is allowed to reach it's only conclusions about the meaning of breath test results. 4. A Portable Breath Result from the Roadside Cannot Be Used to Prove Your Blood Alcohol Level. It's simply not considered scientifically reliable evidence. The results are inadmissible in court. 5. There is No Longer A Time Limit On the Use of Prior DWI Convictions. Even if a DWI conviction is 20 years old, it can still be used to increase the punishment for a new offense. 6. You Cannot Get Deferred Adjudication for First Offense Driving While Intoxicated. A first offense DWI is one of the few offenses in Texas for which you cannot get deferred adjudication probation. However, if a DWI is plea-bargained to some other type of charge, deferred adjudication is then possible. 7. You Should Never Make a Decision About Your DWI Case Until You Have Seen the Video. In most DWI cases, there is a law enforcement videotape that was made on the side of the road. Our clients are often surprised at how they look on the tape -- some pleasantly, some not as much. Don't simply rely on your memory of what happened. Judge your case by the same evidence that a jury would see before you make a decision. Occupational License An occupational license is a temporary drivers license granted by a judge. If a persons regular license is suspended due to an arrest for DWI or for some other reason, a judge may allow the person to drive for up to 12 hours a day for any essential need such as work, school, or medical treatment. We have the experience and knowledge to guide you through the legal and bureaucratic maze. We have helped many people facing license suspensions stay on the road in order to protect their livelihood. Let us help you, too.
- Glen Peterson: Immediately after your arrest for suspicion of DWI, and while still at the jail, the police handed you form DIC-25 titled "NOTICE OF SUSPENSION". The first sentence of this form states, "Your license, permit, or privilege to operate a motor vehicle will be suspended or denied, effective 40 days after the date you receive this notice." If you do not request a hearing to contest the suspension, (most cases do not have grounds to do so) you must surrender your license to DPS within 40 days after your receipt of the Notice of Suspension at the jail or face further charges." Your driver license is suspended beginning the 40th day after arrest, regardless of whether you failed the breathalyser or refused the test.
- Odessa
- Carpenter, JL: If you have been arrested or charged with DUI/DWI, take an immediate step toward protecting your rights, freedoms and driving privileges.
- Tidwell & Tidwell: Capital Murder „ Theft „ DUI/DWI „ Drug Charges „ Insurance Fraud „ Assault „ Battery
- Laura Carpenter: Nobody likes getting busted, especially for DWI.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.
- Dusty Gallivan: Whether you are going to plead guilty or have a trial, you need the legal advice of an criminal law attorney in order to fully understand the consequences of your decision.
- Orange
- Howard, Stephen: civil litigation, personal injury litigation, nursing home abuse and neglect, family law, divorce and custody litigation, criminal defense litigation, administrative law representation, wills, probate and estate planning, and corporate planning and representation
- Pearland:
- Allen, Keith:
all aspects of Texas State Criminal Law including all:
Felony and Misdemeanor Cases
Motions to Revoke Probation
Motions to Adjudicate Guilt
Bond Reductions
Appeals
DWI Cases
Occupational Driver's License
Administrative License Revocation (ALR) Hearings
- Verret, Kyle: * Theft * Public Intoxication * Driving While Intoxicated * Possession of Marihuana * Possession of Prescription Medication * Possession of Controlled Substances * Assault / Aggravated Assault * Terroristic Threat * Family Violence * Fraud * Sex Offenses: Indecency, Sexual Assault * Murder
- Vela, J.: If you have been arrested for a DWI, it is imperative that you begin dealing with the situation right away. When faced with this criminal arrest, there are many things to consider. Will you have to serve jail time? And if so, for how long? Is probation a possibility? Will your license be suspended? How much will you have to pay in fines? Will you have to go to DWI school or do community service? The criminal charges of drunk driving may result in many of these penalties as well as an increase in your auto insurance rates and a negative impact on your reputation, your job, and your personal relationships. The penalties for a DWI in Texas today may be very severe. If your DWI resulted in an injury to another person, you may be facing an assault with a deadly weapon charge and a personal injury lawsuit brought against you by the injured party. If your DWI resulted in a fatality, you could be facing vehicular manslaughter. If you are convicted of a DWI and your driver's license is suspended, you may be required to pay $1000 per year for three years in order to keep your license. Texas DWI Penalties Whatever the circumstances of your DWI, you will need the services of a competent DWI defense lawyer to oversee your case and ensure that your legal rights are protected. The penalties you face for a first time DWI offense which is a Class B Misdemeanor in Texas include a fine not to exceed $2,000, confinement in a county jail for a term of 72 hours to 6 months, and community service. Many persons convicted of a first time DWI are granted community supervision or probation for a period of one to two years along with a drug/alcohol evaluation and completion of an approved DWI education class.
- Charles Adams: DWI/DUI (YOU ONLY HAVE 15 DAYS FROM DATE OF ARREST TO APPEAL AUTOMATIC LICENSE SUSPENSION) Dwi and Alcohol Offenses A person accused of DWI in Texas only has fifteen (15) days to appeal an automatic administrative suspension of their license. Accordingly, a defendant in an alcohol-related criminal offense filed in any Texas state court should immediately contact experienced counsel after arrest to take action to save the accused license from suspension during the pendency of the appeal and the criminal prosecution. The majority of intoxication offenses are filed as Class B Misdemeanors, but they should not be taken lightly. Any alcohol related conviction can have a far-reaching and devastating impact on a defendantÕs life. An alcohol-related conviction can severely limit a personÕs ability to legally operate a motor vehicle. A conviction can dramatically increase the cost of maintaining automobile insurance. It can completely foreclose the opportunity to obtain a commercial driverÕs license. An intoxication offense conviction can make it difficult or impossible to obtain or maintain certain types of professional licenses and certifications
- Gerald Yoakum: The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave.
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