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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.
  • Midland
    • Cook & Cantacuzene: If youıve 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.
    • 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
    • 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.
  • Montgomery
    • 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
    • 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 Braunfels
    • 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 ³ticking² 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 ³indicators² of intoxication:  if you canıt 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 ³standardized² manner set out in the Officerıs 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 personıs 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.  Donıt let this happen to you.
    • McMinn Law Firm: Driving while intoxicated is a serious charge.
    • David Friesenhahn: 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
    • 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.
  • Pearland:
    • Charles Adams: DWI/DUI (YOU ONLY HAVE 15 DAYS FROM DATE OF ARREST TO APPEAL AUTOMATIC LICENSE SUSPENSION)
    • 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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