San Antonio DWI Lawyers
- McLane, David:
Did you know that under current laws in the State of Texas, an individual with two glasses of wine at a family dinner might be charged with Driving While Intoxicated (DWI) without even making a single driving error!
If you are faced with a Driving While Intoxicated - DWI charge, immediately contact an attorney knowledgeable in this area of the law.
- Goldstien, Goldstein & Hilley:
ÒCriminalÓ - That which pertains to or is connected with the law of crimes, or the administration of penal justice, or which relates to or has the character of crime.Ê Of the nature of or involving a crime.
ÒTrialÓ - A judicial examination and determination of issues between parties to action, whether they be issues of law or of fact, before a court that has jurisdiction.Ê Tittsworth v.Ê Chaffin, Mo.App., 741 S.W.2d 314, 317.Ê A judicial examination, in accordance with law of the land, of a cause, either civil or criminal, of the issues between parties, whether of law or fact, before a court that has proper jurisdiction.
ÒDefenseÓ - That which is offered and alleged by the party proceeded against in an action or suit, as a reason in law or fact why the plaintiff should not recover or establish what he seeks.Ê That which is put forward to diminsh plaintiffÕs cause of action or defeat recovery.Ê Evidence offered by accused to defeat criminal charge.
- James Rickerson:
If you have been arrested for driving while intoxicated (DWI), you should be very careful about taking a plea. A plea is a conviction in a DWI/DUI case, and the consequences of that conviction will stay with you the rest of your life.
Mothers Against Drunk Drivers (MADD) has a strong lobby in Texas, and as a result the penalties for drunk driving are very severe. In addition to a loss of driving privileges and fines, the Texas legislature will charge you a driver's license surcharge of $1,000 a year for two years after your driver's license is reinstated. This surcharge will increase to $1,500 year for two years if you have two DWI convictions. If you donÕt pay, the state will suspend your driver's license.
If you have two prior DWI convictions, a third DWI arrest will be felony charge. If you plead guilty, you will be a convicted felon. In the past, the state of Texas had a 10-year look-back rule, meaning they would count any DWI convictions you have in Texas within the last 10 years. Now Texas will count any prior DWI conviction, no matter how long ago it was, no matter what state the arrest was in.
Fighting a DWI charge
Most people simply can't afford to have a DWI conviction, especially if they need their car for work or have a commercial driving license (CDL). Even if you looked drunk on the arrest video and blew over.08 on the breathalyzer machine, you may have no choice but to fight the DWI charge.
There are many defenses that an experienced lawyer can use protect your rights in a DWI case. For example, if the police did not have a reason to pull you over or did not have probable cause to give you a breathalyzer test, the police video and the breathalyzer tests don't matter. The evidence will likely be thrown out and the DWI charges will be dismissed.
- Stephen Nicholas: If
you have been arrested for DWI, you are facing some serious
consequences such as loosing your driverÕs license, increased insurance
rates, or even cancelled insurance, and jail time. If you are
convicted, then that record can follow you for the rest of your life
and even effect future employment.
The Prosecution may have to prove more than just your blood
alcohol level to get a conviction. There are many things that a skilful
DWI defense attorney can challenge including:
- Improper actions by the arresting officer,
- defective or poorly maintained equipment used to test your alcohol level,
- the officer operating the equipment was not certified to do so,
- failure to properly explain your rights,
- and much, much more
Any
one of the many challenges to your DWI (Driving While Intoxicated)
charge can weaken the District Attorney’s case against you.
- Gary Churak:
If you drink and drive in Texas, you may be charged with a
DWI. Although many people know that driving drunk is illegal, what they
may not realize is that the implied consent laws of every state in the
United States, including Texas, mean that anyone operating a motorized
vehicle in Texas consents to chemical testing if a police officer
suspects driving while intoxicated (DWI). Law enforcement officials can
test a driver for intoxication, but at the same time, a driver has
certain rights from the time he or she is pulled over for a traffic
stop. That includes the right to have an attorney present.
- John Fox: 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.) This is a zero tolerance law set up
solely for people under the age of 21.
Specifically, a DUI is classified as a Class "C" misdemeanor. This
means that you cannot receive jail time, but can be charged a fine of
up to $500.00 for a first offense. Along with the fine, a term of
probation may be imposed coupled with community service, alcohol
awareness classes and a suspension of your driverÕs license. For
subsequent offenses you can receive even longer terms of probation, an
extended license suspension and, in some cases, jail time.
The Texas Department of Public Safety will typically issue a notice of
suspension and try to suspend your driverÕs license in the majority of
these cases. This license suspension is the same Civil administrative
license revocation ÒALRÓ process that is used in adult DWI cases. This
suspension is in addition to the previously mentioned suspension
possibility.
To sum up, if you are under 21, you are not allowed to drink any
alcohol, even under a legal exception, and then drive a car. If an
officer testifies that he or she merely smelled an alcoholic beverage
on your breath during a traffic stop then you can be cited for DUI.
This is true even if the officer feels that you were both below the .08
legal limit and had not lost the normal use of your mental/physical
facilities.
The penalties for DUI are different than those for DWI, but are still
severe and can cause many long term negative effects on you and your
future. If your DUI case is mishandled, it can have terrible long-term
effects on your criminal record and can cause a lengthy driverÕs
license suspension. These cases must be taken seriously and resolved
with both short-term and long-term protection in mind. If properly
handled, the entire record of your arrest may be expunged in the
future, thereby removing any trace from your record.
- Mark Unger:
Being accused of a crime and having a government attorney prosecuting
you is often a difficult and troubling situation. Therefore, it is
important to make sure that you have a competent attorney looking out
for you if you are in this situation.
- Roland Esparza:
Texas residents tend to take their driving privileges for granted,
forgetting the impact on their jobs, their lives and their familyÕs
welfare should they lose those privileges after a drunk driving arrest
or other traffic violation.
- Lance Higgins:
DWI, Alcohol and Traffic Offenses
If you have been arrested for drunk driving, the penalties in Texas can be severe.
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