San Antonio DWI Lawyers
- Maurer, Robert:
A DWI is a serious charge that can affect your ability to drive and may even result in jail time. When you are facing the possible consequences, it is critical that you seek the professional legal services of an experienced DWI lawyer.
- Balderrama, Bradley:
YOU HAVE RIGHTS AND OPTIONS IN EVERY CRIMINAL MATTER.
KNOW YOUR RIGHTS
- Bill Baskette:
Challenging Your DWI Charge
Some people charged with DWI choose to plead guilty in order to minimize penalties or avoid paying certain fines. However, if you are convicted of DWI Ð even if the prosecutor agrees not to suspend your license or fine you Ð the state will charge you $1,000 a year to renew your license. Additionally, it will be difficult, if not impossible, to find an insurance company to insure you. And, depending on your occupation, you may be barred from applying for certain kinds of employment. DonÕt plead guilty without a fight Ð a DWI conviction can come back to haunt you in a number of ways.
- Gamez, Joe:
If circumstances ever take a turn for the worst and you find yourself on the wrong side of the law, the first thing you will need to consider is finding an attorney who knows the justice system inside and out.
- Cavazos Law Firm:
Criminal matters such as DWI or DUI, theft, sex crimes, and drug crimes are very serious, no matter what the case, but especially if it is a 2nd or 3rd offense. Furthermore, these crimes might get you deported or excluded from the U.S.
- David Volk:
Driving while intoxicated (DWI) is serious business in Texas. A first time DWI offender faces a possible license suspension by the Texas DPS, a maximum fine of $2,000, and up to 180 days in jail.
In Texas, if you are a minor and have "any detectable amount of alcohol in your system" while driving a motor vehicle, you may be charged with ÒDUIÓ (Driving Under the Influence.) It is very important you consult with an experienced DWI/DUI lawyer when charged with either of these offenses.
Know your rights:
Right to Remain Silent - You have a right to remain silent. You do not have to answer any questions that a police officer asks you during a DWI encounter.
Breath and Blood Tests - You have a right to refuse blood and breath tests offered to you by law enforcement. There is no criminal penalty for refusing a blood or breath test. There is a potential driver's license suspension for refusal to provide a "breath specimen."
ALR Hearing Request- When arrested for DWI, you have a right to a hearing regarding the suspension of your driver's license. You or your lawyer must request this hearing within 15 days of your arrest or the hearing is waived and your license will be suspended automatically.
The Right to a Jury Trial and Counsel - You have a right to a lawyer, a jury trial and a presumption of innocence. You are innocent unless proven guilty.
- Brian Hamner:
Never go into a courtroom alone! Go in with the support and representation of a qualified and dedicated professional who can offer you guidance and answer your questions at each step of the way.
- Arcelia Trevino:
After being arrested for a DUI or DWI, most people are confused and do not know what to do or the way the farrest is going to affect them. Many people treat the matter lightly and do not think it is a big deal. This is a mistake. A DWI arrest can have a serious impact on your future and if it is not handled correctly can have a negative effect on many areas of your life in the future. If you have been arrested for a DWI in Texas, you have 15 days after the arrest to challenge the suspension of your driver's license with the Texas Department of Safety.ÊHiring a DWI defense attorney to represent you can ease the burden on you and the attorney may be able to reduce the punishment and fines for your case.
- Carabin & Shaw:
If charged with a crime, or you are about to be charged with a crime, you need an experienced criminal defense attorney who will fight for you and your rights.
- Collis White:
Although many states use the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated)
interchangeably, the terms have a subtle distinction in Texas. DUI generally refers to a minor (under 21)
who is arrested while driving and the officer has some reason to believe he or she has been drinking. A
police officer may ticket, or arrest a minor for DUI on the basis of just about anything suggesting that the
minor has been drinking. Fortunately, these cases are normally referred to a justice of the peace or
municipal court. Competent counsel can have the child placed on deferred adjudication - meaning a
period of community supervision with a dismissal upon successful completion - accompanied by programs
designed to divert the minor from a future of "driving while intoxicated" and require several hours of
community service.
On the other hand, DWI (Driving While Intoxicated) requires that the accused be arrested upon a
determination of probable cause that the individual either has lost "the normal use of mental or physical
faculties" due to ingestion of alcohol or drugs or that the individual has a blood alcohol level over .08%.
Proof of a blood alcohol level requires either a blood or breath test. The bar here (pardon the pun) is very
low. Many individuals will have a blood alcohol level of .08% after consuming nothing more than two
glasses of wine with dinner or a couple of beers on the way home from work. Metabolism varies among
people. The speed with which people absorb alcohol (get drunk) and the rate at which the eliminate
alcohol (get sober) also varies.
Regardless, it is not illegal for an adult to be intoxicated nor to drive (unless in public and creating a
danger) . It is only when they are done at the same time that DWI is committed. Consequently, if
a driver has had anything to drink it is best to refuse either a breath or blood test. AND HE CAN!!!
The refusal may result in the suspension of his or her driver's license even if the accused is later found not
guilty, but it will make the prosecutor's job much more difficult at trial if they have no scientific evidence of
intoxication. And the suspension is much less severe than the mandatory sentences which will certainly
come as a result of a conviction or guilty plea.
THE MESSAGE....if you have had any alcohol to drink and you are stopped by the police, DON'T
BLOW! On the other hand, if you know you haven't been drinking for the last several hours and that you are
completely sober, have a ball...the result should exonerate you.
You will probably be asked to take a number of sobriety tests on the roadside or at the Police
Station. The message here is the same as above. If you know you will fail, or you have had something
to drink and aren't sure you'll pass... REFUSE!.. YOU CAN!!!
Don't DO anything or SAY anything except ask for a lawyer REPEATEDLY!!
Remember that even on the roadside, you are probably being tape recorded. So if you are drunk
- or think you might be - BE POLITE and SHUT UP!!!
- Simpson, Foster & Gold:
DUI and DWI laws have changed in recent years—legal limits have been
lowered and punishment has increased. With the "carrot and the stick"
of federal highway funds hanging in the balance, the legal limit has
dropped from .15 to .10 to .08 BAC. Lawyers anticipate that .05 BAC
will soon be upon us, and the possibility of zero tolerance looms
large. I
- Derek W. Emmons:
In such difficult situations, you take a tremendous risk if you don’t
have solid legal representation at your side.In such difficult
situations, you take a tremendous risk if you don’t have solid legal
representation at your side.
- Jorge Aristotelidis:
Penalties for driving while intoxicated in Texas are very stiff. For
first time offenders a DWI charge is considered a class B misdemeanor
punishable by up to 180 days in prison and a fine of up to $2,000. It
is important to seek the counsel of a San Antonio DWI criminal defense
attorney as soon as possible after your arrest to ensure you do not
miss any critical deadlines. For instance, on your first offense you
will receive an automatic license suspension if you do not request a
hearing within 15 days of your arrest.
Punishment varies for DWI offenses depending upon the number of prior
convictions and if there were any passengers in the vehicle under the
age of 15. A newer law that went into effect September 1, 2003, charges
even a first time DWI offender with a state jail felony if there was a
child under the age of 15 in the car at the time of the offense. The
felony is punishable by up to 2 years in state prison and up $10,000 in
fines. It is advisable to speak with a skilled DWI defense attorney if
you are facing a state felony charge, and to take this DWI charge very
seriously.
The second DWI conviction will be considered a class A misdemeanor
punishable by up to one year in prison and $4,000 in fines. The third
conviction is considered a 3rd degree felony with a maximum jail time
of 10 years and a fine of up to $10,000. In addition to these very
rigid penalties, DWI offenders can also be assessed an annual surcharge
for their conviction:
• 1st time offenders - $1,000 per year for 3 years
• 2nd or subsequent offense within 36 months - $1500 for three years
• If blood alcohol is shown to at or above 0.16 - $2000 for three
years.
The legal limit for Blood alcohol concentration in Texas is .08. A
urine, blood or breathalyzer test is needed in order to prove your BAC.
You have the right to refuse the testing, but you may have your driving
privileges suspended for 180 days. If you took the breathalyzer test
and it showed a higher than .08 BAC, contact our law office today.
Breathalyzer tests have been proven to be inaccurate in certain
instances. The burden of proof is on the government for all issues
regarding your conviction. If the government fails to meet the burden
of proof on any one of the issues presented to the court your case will
be dismissed.
- Laura Heard:
You were arrested. You are facing criminal charges, probably for the first time in your life. You lost your temper and hit a family member and face charges of domestic violence. You had one drink too many and decided to drive home. Now you have a DWI – DUI charge. The game’s emotions overtook you and you assaulted someone at a sporting event. The charge? Aggravated assault.
All of a sudden, you are under arrest and another statistic in the criminal justice system. What can you do?
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