Plano DWI Lawyers
- Cook & Cook:
In Texas, a person arrested for Driving While Intoxicated will normally have his driverıs license taken away from him by the arresting officer. This will normally happen because he either refused to provide a breath or blood specimen, or because he consented to give the specimen, and the test determined that he had a blood alcohol concentration of 0.08 or more. In place of his normal driverıs license, the arrested person will get a piece of paper (probably yellow in color) that will say ³Notice of Suspension Temporary Driving Permit². (DIC-25) This notice will tell him that his license will be suspended or denied effective 40 days after the date he received the DIC-25 (normally the day he was arrested). At the bottom of the DIC -25, it will tell him that he can request a hearing (known as an ³Administrative License Revocation Hearing² ³ALR hearing²) to contest the suspension, and will give him an 800 number, a fax number, and a PO BOX address to send the request for hearing. (Currently, the fax number is 512-424-2650, but consult the DIC-25 or call DPS to make sure this information is still correct.) Normally, it is best to send a fax, then follow up with a phone call to make sure they got it. If you donıt have a fax machine, go to a Kinkos or a UPS store and have them send a fax, which will give you a successful transmission receipt to prove that you sent it. The bottom of the DIC-25 will also set forth what information needs to be included in the fax requesting the hearing. (This includes: Full name, date of birth, driverıs license number and state, current mailing address, home and daytime phone number, date and county of arrest, arresting agency, arresting officer, and whether test was failed or refused or not requested. If you want a live hearing, explicitly request it. You can also request a telephone hearing. (See Tex. Transp. Code § 524.034 and Tex. Transp. Code § 724.041). The request for hearing must be received by the Texas DPS no later than 15 days after receiving the notice (which normally means 15 days after being arrested for DUI). The request for a live ALR hearing might look something like this:
Texas Department of Public Safety, Driver Improvement Bureau
FAX: 512-424-2650
{date}
RE: Notice of Request for Live (in person) ALR Hearing
This is my notice of request for a live, in person, ALR hearing regarding the suspension of my driverıs license. Here is the relevant information:
Full Name: {put down your full name}
Date of Birth: {put down your date of birth}
Driverıs License Number and State: {put down your driverıs license number see DIC-25}
Current Mailing Address: {put down your mailing address}
Home and daytime Telephone numbers: {put down your home and daytime telephone number}
Date of Arrest: {date of arrest see DIC-25}
County of Arrest: {put down county of arrest see DIC-25}
Arresting Agency: {agency that arresting officer worked for see DIC-25}
Arresting Officer: {officerıs name and badge number on DIC-25}
Test Failure or Refusal: {put down: ³purported refusal² or ³purported failure²}
{your signature}
After sending the notice, DPS will mail you notice of the hearing date. The DIC-25 also says that if a hearing is requested, the temporary permit to drive will remain in effect until the administrative law judge makes a final decision in the case at the requested ALR hearing. (Keep in mind that the administrative license revocation process is a completely separate matter from the underlying criminal case for driving while intoxicated, which has its own procedures and hearings.)
Most of what has been said so far can be understood simply by reading the DIC-25 carefully. Another fairly easy step that should normally be taken is to request pre-hearing discovery. The Texas Administrative Code sets forth the right to pre-hearing discovery. (See 1 Texas Admin. Code § 159.13. However, unlike the request for ALR hearing, which should be done as soon as possible after you are arrested, you should wait a little while before filing the request for pre-hearing discovery. 1 Texas Administrative Code § 159.13(1) says: ³The request for discovery may not be filed with the department sooner than the date of the request for hearing, and may not be filed sooner than five days from the date of the notice of suspension² This means that since notice of suspension (the DIC-25) is normally received on the date of arrest, you must normally wait until 5 days after the date of arrest to request pre-hearing discovery. Furthermore, you must not send the notice of pre-hearing discovery before the DPS has received your notice of hearing. Where should the request for pre-hearing discovery be sent? 1 Texas Administrative Code § 159.13(1) also says: ³All requests for discovery must be in writing and shall be served upon the department as prescribed in 37 TAC § 17.16 ². 37 Texas Administrative Code Sec. 17.16 currently says that the fax number is: (512) 424-7171, and that the fax should be ³to the attention of the Director of Hearings, ALR Program². The fax for pre-hearing discovery, in a ³refusal² case, could look something like this, in some instances:
Director of Hearings,
ALR Program
PO BOX 15327
Austin, Texas 78761-5327
Fax No: 512-424-7171
ATTENTION: DIRECTOR OF HEARINGS, ALR PROGRAM
Re: Discovery Request for "Refusal" Hearing
{your driverıs license number}; {your full name}
{SOAH Docket No. put ³Unassigned² if you havenıt received a notice of ALR hearing date yet}
{date you send request}
I hereby request all of the following items to be furnished to me forthwith pursuant to 1 Tex. Admin. Code § 159.13(a), Tex. Gov't Code § 2001.091, and the Texas Open Records Act, Tex. Gov't Code § 552:
1) a copy of the form DIC-23;
2) a copy of the Form DIC-24;
3) a copy of the DIC-25; and
4) a copy of my driving record, if it is to be offered for enhancement purposes.
If there are copying charges associated with this request, please notify me promptly so that payment arrangements can be made.
Sincerely,
{your signature}
You probably already have a copy of the DIC-24 and DIC-25, but you should ask for them again. The DIC-23 is the peace officer's sworn report or probable cause affidavit. (See 37 Tex. Admin. Code § 17.4(1)(B).
- Burleson, Troy:
If you have been charged with DWI, you are probably trying to make sense of the complicated procedures used to process the alleged violation and attempting to fully comprehend the consequences you may be facing including fines, jail time, probation and license suspension/revocation.
- Stephen Miller:
The biggest mistake you can make after a DWI arrest is to wait to act until more than fifteen (15) days after the arrest. You need an attorney immediately.
In Texas, you have fifteen (15) days from the date of your arrest to contest the automatic license suspension. If you do not make a request for an administrative hearing within fifteen (15) days, there is very little you will be able to do to contest your license suspension.
- Haywood & Barbierri:
Chances are great that during the time it takes you to read through the content on this website, someone right now in the state of Texas is being either convicted or arrested for a drinking and driving offense. Driving while intoxicated offenses are so prevalent in our society they make up nearly one third of all criminal cases in our court systems.
The reasons are varied. Judges and politicians want to portray an image of being tough on crime. Municipalities revel in the windfall of excessive fines that come from each person accused of driving while intoxicated. Special Interest groups aggressively bend the ear of legislators in an effort to return our society back to the days of Prohibition.
Whatever the reasons, one of the frightening aspects of the legal environment in our culture today is that nobody is immune from being accused of committing a crime - especially driving while intoxicated. In fact, even the most nominal amounts of alcohol (just a few ounces) consumed over the course of several hours is enough to trigger a law enforcement officer to arrest you for suspicion of driving while intoxicated. If you are arrested - you will be prosecuted. District Attorneys throughout Texas (especially in North Texas) tenaciously prosecute individuals accused of driving while intoxicated.
If you've been accused, you need a criminal defense attorney with experience in DWI law and one who understands how to obtain a successful outcome given the specific facts of each case.
- Heather Barbieri
If you have been given a criminal defense charge - whether it is a felony or misdemeanor - you realize the importance of having an attorney that has a great track record of success in defending clients accused of crimes.
- Jose Stewart:
WHAT HAPPENS IF I REFUSE TO PROVIDE A
SAMPLE OF BREATH OR BLOOD?
If you refuse to provide a breath/blood
sample, your refusal may be used as evidence against you
at trial and your driver's license may be suspended for
180 days if this is your first offense, or 2 years if
you have previously been convicted.
SHOULD I REFUSE TO TAKE A BREATH OR
BLOOD TEST?
Yes. Even if you pass the test you will
go to jail. Remember, even if your consumption of
alcohol has not resulted in the loss of the normal use
of your faculties, a test result in excess of the legal
limit is sufficient to convict you. Submitting to the
test, gives the prosecutor one more way to claim that
you were intoxicated.. Instead, the State will say that
because the test was taken some time after the time of
driving your alcohol concentration at the time of
driving was higher than at the time of the test and that
you have simply had time to sober up.
When confronted with a request for a breath/blood/urine
sample, you should ask the officer to allow you to
contact an attorney for advice in making your decision.
The officer will probably tell you that you do not have
the right to speak with an attorney at this point, but
the average juror may view your request as reasonable.
Moreover this saves you form having to flatly refuse the
officer's request.
CAN I REFUSE TO PERFORM THE ROADSIDE
FIELD SOBRIETY TESTS?
Yes. The officer can not force you to
perform the field sobriety tests.
IS IT AGAINST THE LAW TO DRINK AND
DRIVE?
While it is a crime to drive while
intoxicated or to drink alcohol while driving, it is not
against the law to drive after having a few drinks so
longs as the consumption of alcohol does not cause
intoxication. However, if you are stopped for any reason
and the officer detects the driving while intoxicated.
THIS IS MY FIRST OFFENSE, WILL I GO TO
JAIL?
Absent unusual circumstances the answer
is "no". Most people convicted of a first DWI receive
community supervision (probation), are required to pay a
fine, perform community service, submit to alcohol
counseling, report to a probation officer and abide by
additional terms of community supervision. So long as
you successfully complete the community supervision, you
will not be required to spend any time in jail with the
exception of the time served immediately following your
arrest.
IS DEFERRED ADJUDICATION AVAILABLE IN
A DWI CASE?
If you are convicted or plead guilty to a
DWI, you are not eligible for deferred adjudication.
However, if the DWI is reduced to a non-DWI offense such
as reckless driving, deferred adjudication may be an
option.
- David Scoggins:
How soon do I need to hire a lawyer on a criminal case? The police
began gathering evidence against you even before a decision was made to
arrest and charge you. The prosecutor has witness statements, other
evidence and knowledge of law and procedure to use against you. You
need an attorney standing up for you as soon as possible. (Caveat: If
you are charged with a DWI, you must demand a license suspension
hearing within 15 days of your arrest or you can suffer an automatic
loss of driving privileges.)
- Jennifer Barnett:
Handles cases as a DWI lawyer for Intoxication-Oriented offenses,
including DWIs, public intoxication, furnishing alcohol to a minor, and
also represents minors charged with possession, consumption or underage
drinking and driving
- Dirk Wadas:
DWI law is complicated and to mount an effective defense to a DWI
charge you need an attorney who understands the scientific evidence,
the police procedure and training, and one who has extensive experience
trying DWI cases. A DWI arrest may result in loss of driver's
license, probation, fines or even jail time. If you have been arrested
for DWI, contact us immediately. Below is an outline of the classifications and punishment ranges for DWI convictions. DWI — First Offense This
is a class B misdemeanor with a punishment range of 72 hours to one
hundred eighty days in the county jail. Generally, people will be
eligible for community supervising (probation) on a first conviction. DWI — Second Offense This is a class A misdemeanor punishable by 30 days to one year in the county jail and up to a $4,000 fine. DWI — Third Offense or Higher This is a third degree felony punishable by not less than two nor more than ten years in prison and up to a $10,000 fine.
- Christopher Hoover:
Driving while intoxicated, first offense, is a Class B Misdemeanor that is
defined at Texas Penal Code §49.04. That provision states that, "A person
commits an offense if the person is intoxicated while operating a motor vehicle
in a public place". This definition sets forth the elements that must be proven
to sustain a conviction.
- Jeffrey Rosenfield:
DRIVING WHILE INTOXICATED - DWI/DUI Laws in Dallas, Texas
A DWI, or driving while intoxicated, makes headlines in the news every
day across the country. As the number of DWIs continues to occur on a
regular basis, injuring and claiming lives, DWI laws are being changed
from state to state in attempts to crack down on the numbers. New
tactics are being put into place in response with growing concern that
not enough is being done to reduce the number of DWIs. Especially
around the holidays, cops are having check in points and different
approaches in hopes of deterring DWIs.
In 2000 alone, 1.5 million drivers were arresting for a DWI, or one DWI
for every 130 licensed driver. While a DWI can be an extremely tragic
occurrence and puts innocent people at risk for injury and death, the
increasing pressure to reduce DWIs can result in innocent drivers being
wrongly accused of a DWI. Law enforcement in attempts to increase the
number of penalties issued for DWIs may try to reach this goal through
improper investigation or procedure. All persons accused of a DWI has
rights and should ensure their rights are protected.
The pressure to issue stronger sentences for DWIs is important for the
safety of everybody, but it can result in harsh sentences that are
unrightfully given. Unfortunately, one out of three DWI arrests and
convictions are repeat offenders. Sentences for DWI repeat offenders
have been, and will continue to be made stricter in the future. As
regulators and law enforcement continues to fight against the high
frequency of DWIs that occur, it is also important to understand the
rights of those people accused of a DWI.
- Nancy Kennedy:
Driving While Intoxicated charges involve an allegation that someone
had too much to drink and got behind the wheel and drove. The
consequences for DWI are endless. If you are convicted your license may
be suspended, your insurance rates may go up, you will be charged fees
in the amount of $1000.00 to $2000.00 a year to keep your license, and
more. These charges are aggressively prosecuted. You should have an
aggressive defense attorney.
- Glen Adams: Texas is
one of many states to have an implied consent law. This law states that
each person who has applied for and been granted a license to operate a
motor vehicle on a public roadway has impliedly consented to providing
a specimen of breath or blood if arrested for DWI and provided with the
applicable consequences of refusal to submit to testing (Texas
Transportation Code §724). Texas appellate courts have also held that
an individual does not have the right to consult with an attorney
before making the decision to refuse or provide a requested specimen.
If there was an accident which produced serious life-threatening injury
or possibility of death, a citizen can be compelled to provide the
requested sample.
Substantial and significant changes in how suspensions under implied
consent violations went into effect January 1, 1995. Each year the
Texas Legislature meets, the topic of DWI is addressed in some fashion.
Significant changes in this law removed jurisdiction from Justice of
the Peace Courts (J.P.) And established a new bureaucracy called the
State Office of Administrative Hearings (SOAH). This bureaucracy is
staffed by "pseudo-employees" of the Texas Department of Public Safety
(TDPS) and given the direct objective to increase the number of license
suspensions for persons refusing to provide the requested sample of
breath or blood. This new law also added suspension for providing a
specimen upon request that indicated an alcohol concentration above the
legal limit (0.08 gm/210 l - breath or 0.08 gm/100 ml - blood). Another
major change in the prior law withheld from the SOAH Administrative
judge, the authority to "probate" or "suspend" any period of license
suspension that was ordered. As a result, the TDPS objective of
suspending more licenses has been achieved.
- Grubbs & Goeller: Drunk driving is a major current
societal issue. Police and prosecutors are keenly aware that they must
appear tough on drunk drivers. This means police will pull over drivers
for minor infractions to determine if the driver has been drinking, and
prosecutors will pile on heavy charges where there is any hint of
alcohol use.
- Pamela Lakatose:
There are normally two things to consider in the crucial moments which
follow an arrest. The first is securing the person?s release from jail
as soon as possible. There are a variety of ways this may be
accomplished. Which particular procedure is best depends on the facts
of each case. The second concern is to preserve and develop the
arrested person?s ability to defend against the accusations. It is best
for the accused to refrain from making statements to anyone concerning
the case until he or she has been fully able to consult with an
attorney.
- Danette Alvarado:
Even after a prosecutor has determined that a prior conviction exists
and is able to overcome the limitations of the Full Faith and Credit
clause, the prosecutor must obtain the proper certified records to
prove a prior conviction. Some states recognize abstract driving
records printed and authenticated by a law enforcement agency as
evidence of a prior conviction. Such driving records are used in court
as a certified business record and given the same deference as an
original document. Other states require a certified court record from
the court of conviction, in which case a prosecutor must contact the
court issuing the conviction.
- Burleson, Pate & Gibson:
Under the law, drivers rack up points for various traffic offenses and
must pay additional penalties if they get too many points. Failure to
pay means loss of a driver's license. The fees are particularly high
for drunken drivers, who face a $1,000 annual surcharge for three years
and even higher levies for subsequent offenses or if their
blood-alcohol concentration exceeds 0.16.
- Dawna Kim:
If you are charged with drunk driving (DUI DWI) you will face additional consequences, such as:
- Loss of Your Driver's License
- Court Ordered Education & Treatment
- Loss of Your Occupational Driver's License & Employment
- Lars Isaacson: First offense (class B misdemeanor): Fine of up
to $2,000, jail term of three days to six months, license suspension
from three months to one year. If the judge opts for probation, an
alcohol education program is required within six months.
- Shapiro Law Firm:
People accused of drunk driving have an uphill battle beginning the
moment they see the red lights in their rearview mirrors. Driving while
intoxicated has become such a hot social issue that many accused of the
crime feel they are committing still another by trying to defend
themselves. Public perception aside, the charges truly are serious and
can mean years of incredibly high insurance premiums, not to mention
the fine, possible jail time, and the loss of employment where a
driver's license is required. If you stand accused of DUI / DWI, you
need an attorney that can fight for you and challenge the evidence
where it is deficient. A good lawyer can help analyze your case from
the beginning, starting the moment before the officer decided to pull
you over.
Return to Texas DWI Lawyers
|