San
Marcos, Sea Brook, Sherman, Snyder, South Padre Island, Spring,
Stafford, Stephensville, Sugar Land, Sulphur Springs, Temple, Texarkana
DWI Lawyers
San Marcos
- McNabb, Billy:
Administrative License Revocation (ALR) Hearing
When arrested for suspicion of DWI, your driver's license is subject to suspension beginning 40 days after the date of arrest. To contest the suspension of your driver's license, you must request this hearing from the Texas Department of Public Safety within 15 days of your arrest.
You may request an Administrative License Revocation (ALR) Hearing to contest the suspension of your driver's license by calling (800)394-9913, faxing (512)424-2650 (remember to keep verification that your fax was transmitted), or writing to the Texas Department of Public Safety, Driver Improvement Bureau at P.O. Box 4040, Austin, Texas 78765-4040.
- Morris & Wise: After a
defendant is convicted, he may file a motion for an acquittal. An
acquittal is a formal certification of innocence or a finding of not
guilty. Typically, the basis for filing a motion for an acquittal is
that the evidence does not support the verdict.
- Lance Turnbow:
A first-time DWI offender faces a license suspension
for 6 months, a maximum fine up to $2,000 and up to 180 days in
jail. Anyone charged with a second DWI faces even tougher
penalties, and a third DWI conviction in Texas is treated as a third
degree felony, carrying a penalty of up to 10 years in prison and a
$10,000 fine. The State of Texas is doing
everything in its power to convict defendants of Driving While
Intoxicated. You need someone fighting just as hard for
you. DWI in Texas is an opinion crime. This means that
if a police officer believes the defendant has lost the use of his or
her normal physical or mental capacities," an arrest will be
made. A blood or breath test result is not required for a DWI
conviction in Texas. To convict a person of DWI in Texas the
prosecution must prove to the jury beyond a reasonable doubt that
either: 1) The driver had a blood alcohol
concentration (BAC) of .08 or higher while driving, OR 2) The driver had
lost the use of any of his normal physical or mental faculties as a
result of the consumption of alcohol. Either of
these scenarios is enough for a conviction in Texas. Do not
assume you should simply plead guilty.
FIGHT BACK!
DWI VIDEO
Most
local police cars and almost all DPS or Trooper vehicles are now
equipped with video cameras. Officers turn these cameras on when
they begin pursuing a DWI suspect and they do not turn them off until
you arrive at the police station. Once at the police station,
some agencies will continue to monitor you with a camera in the
Intoxilyzer Room, which is a room where breath tests are given to DWI
suspects. YOU ARE BEING FILMED THE ENTIRE TIME! Every
physical action and every word you say will most likely be played for
the jury at trial. At trial, the prosecution will attempt to use every
minor detail in the video to prove you were intoxicated. Do
not give the state extra ammunition! You do not have to perform
any field sobriety tests, you do not have to give a breath or blood
sample and you do not have to answer any questions.
ADMINISTRATIVE LICENSE
REVOCATION
Unfortunately, an arresting officer is legally
authorized to take your license away from you at the station because he
suspects you are Driving While Intoxicated. He will then issue
you a Temporary Driving Permit. When you are released from jail,
one of the numerous papers you will receive will explain that you have
a right to a hearing regarding the suspension of your license.
YOU OR YOUR ATTORNEY MUST REQUEST THIS HEARING WITHIN 15 DAYS OF THE
ARREST. If it is not requested in the 15-day period, it is waived
and your license is suspended automatically. These Administrative
License Revocation (ALR) hearings are a good opportunity for your
attorney to examine the officer and find out what his testimony will be
if the case goes to trial.
- Colin Wise:
There are two parts to a DUI, the possible suspension of your license
at a DMV hearing and the criminal charges that can result in jail,
probation, alcohol classes, fines, and further license suspension.
DMV Hearings - If there is a evidence that you were driving an
automobile and you had a blood alcohol level at or above .10, then you
driving privileges will be suspended. You can request a hearing on the
matter to challenge the evidence. These hearings can be won. The most
important things to know are to request the hearing within 7 days of
receiving the notice of suspension and that you should not request the
presence of the officer. On a breath test case, the officer will serve
the notice on you immediately. You can request a hearing immediately by
filling out the form and returning it to the officer, but you do not
have to. On a blood or urine case, you will get the notice in the mail
at the address that DMV has for you. It is not a defense that you did
not get notice because you moved and never corrected your address.
Some officers will suggest that you request they be present and that
they will not show up and that you will win. In my experience, this is
a lie. They will show up. They do this so that your hearing is set at
the same time and place as several other hearings that he has to
attend, thereby making it easier for him to be at all the hearings.
Criminal Case - If you are arrested, then you will have to appear in
front a judge soon thereafter. If you do not, a warrant will be issued
and you may go to jail. Additional charges can be filed if you fail to
appear at a court date. The types of plea offers will vary with each
case and jurisdiction. Generally, there is nothing that you need to do
before your first appearance other than hire a lawyer.
Sea Brook
- Michael O'Donnell: Police officers conduct "field sobriety"
tests on drivers when they make vehicle stops and suspect that a driver
may be intoxicated. Designed to help officers determine whether a
driver is intoxicated based on the officer's assessment of the driver's
physical or cognitive ability, these on-site tests typically include
the following physical agility exercises: Horizontal Gaze Nystagmus
(HGN) driver must follow officer's penlight with his eyes Walk and Turn
requires driver to walk a certain distance and turn around heel-to-toe
Standing on One Leg requires driver to raise one leg while counting
aloud Finger to Nose driver must bring the index finger to the nose
with eyes closed Rhomberg Balance Test driver must stand still with his
head tilted back
Sherman
- Duke Walker:
May a police officer use force on a person to make him take a breath or blood test?
Sometimes for blood but never for breath. An officer has authority to order a blood sample from an arrested person only if there has been an accident where a death has resulted, a death is likely to occur, or there has been a serious bodily injury. Everyone arrested for DWI who has taken the police breath or blood test has a statutory and/or due process constitutional right to a second independent blood test by their own doctor if the test can be performed within two hours of the arrest. Thus, a lawyer may offer additional benefits to an arrested person because the lawyer has a greater opportunity to arrange for and coordinate such a blood test than does the person in jail for DWI.
- Johhny Brown:
Driving under the influence, or Driving while intoxicated, is the term for alcohol-related driving behavior. It is responsible for nearly 1/3 of all traffic deaths in this country. Many of these impaired drivers are repeat offenders and all can cause a heavy burden of death and/or injury to themselves and to innocent drivers, passengers, and pedestrians.
Anyone who causes an accident while driving under the influence of alcohol or another substance is considered negligent. Unfortunately, this is of little comfort to someone who has sustained injuries or lost a loved one in an alcohol-related accident. The driver convicted of DUI has the liability to pay for all damages, but may not be the only person considered negligent or liable. Those who provided the alcohol may also be considered negligent and liable for damages. Many states have laws which impose liability on bars, clubs, restaurants, or hotels which supply liquor improperly. In such cases, a business is expected to exercise due care and not to serve anyone who is obviously drunk. Even someone outside of such a business may incur liability for supplying liquor to a driver who subsequently had an accident, injuring or killing others. The host of a party may be liable in some states if he continues to allow a guest to imbibe after it is obvious the guest is under the influence.
- Nall, Pelley & Wynne:
Criminal Defense, including all variety of misdemeanor and felony
charges, from drunk driving (DWI) or boating while intoxicated to drug
offenses such as possession, sales and distribution. Each client is
treated with personal attention and consideration so as to ensure the
best possible outcome to their criminal case.
- Talmadge Nix:
Being charged with a crime can be one of the most frightening,
embarrassing, and confusing situations that a person can face in one's
entire life. Decisions you make from the beginning can have dramatic
effects on your ability to defend yourself. It is best to seek
experienced and knowledgeable legal counsel as soon as possible.
Snyder
- Brown, Michael:
One of the worse things that can happen to parents or grandparents is
to get news that a child or grandchild has been arrested for a serious
crime. You have to be thinking that a young adult whom you care for
very much may have to put aside any potential career plans and spend
long years in a prison. You know this could ruin this young person's
life. Being considerably older and more experienced than the person
arrested, you probably realize that your child or grandchild
desparately needs the very best defense lawyer available. You realize
that a superb effort by a bright, intelligent, experienced lawyer can
make a huge difference in the life of the young person arrested. A DWI can get an average good citizen a night in jail more than any other single offense in the Texas penal code. Aside from being humiliating, it is expensive and has far-reaching consequences. There can be confinement, long periods of probation, ignition interlock devices on your automobile, community service, and time consuming "educational programs". In addition, car insurance rates will skyrocket, and each day it seems the Texas Legislature adds to the consequences of some hard-working citizen's seemingly innocent glass or two of wine.
Minors have even more consequences, and less proof is required. A minor is DUI (not the same as DWI in Texas) if he has a detectible amount of alcohol on his breath. This can result in arrest, loss of license, fines, probation, as well as the consequences with job applications, education, and other activities .
DWI/DUI has become a sub-specialty in the Texas Criminal Law. I have had years of experience in this area, and am prepared to make the state prove every element of its case. Many times a person has nothing to lose and everything to gain by insisting on a jury trial for even a first DWI, no matter what the circumstances. An experienced DWI trial attorney is absolutely necessary in these cases.
South Padre Island:
- Mike McNamara:
If you are stopped for any traffic violation and you have had a few beers (no
one ever has more) you will be asked to give a roadside demonstration of your
gymnastic prowess. You will be asked to stand on one leg, close your eyes and
tilt your head back while touching your nose with alternating forefingers. A
further mandory requirement is the old reliable walking a str aight line test.
You do these for the delight and amusement of the arresting officer and I
promise you YOU WILL FAIL.
Spring
- Gerald Bourque:
Simply hiring a lawyer does not promise competent, effective, reliable and aggressive representation.
Stafford
- Smith, Derrick:
No matter what you are charged with you are presumed innocent until proven guilty or you accept a plea bargain.You always have a right to remain silent. You also have an attorney-client privilege that does not allow your attorney to discuss aspects of your case with anyone if they so instruct their attorney.
Sugar Land
- Hunter, David:
The repercussions of a Texas drunk driving arrest are extremely serious – the accused motorist faces a permanent criminal record, large fines, long license suspensions, community service, and even a jail sentence. However, a Texas drinking and driving arrest doesn’t necessarily equal a conviction. It is possible to fight and win against a driving while intoxicated charge. Fort Bend DWI / DUI defense lawyer David Hunter has the skills and experience needed to aggressively fight a drunk driving charge and minimize or even eliminate the consequences of a driving under the influence arrest.
There are two elements to the charge of driving while intoxicated in Texas – the first is the allegation that the driver’s alcohol and/or drug use caused impairment that prevented the safe operation of a motor vehicle. The second element is violation of the state’s “per se” law, meaning that the driver is alleged to have a blood alcohol content (BAC) of .08 percent or greater – now the legal limit in all 50 states. Unfortunately, the prosecutor must prove only one of these elements in order to convict the driver of DWI / DUI.
The punishment meted out after a Texas drunk driving conviction depends on several factors, including whether the offense was charged as a misdemeanor or a felony, the number of DUI / DWI convictions in the driver’s past, the motorist’s age when arrested, and whether or not an accident or injury was involved.
First offense Texas drunk driving arrests are generally charged as Class B misdemeanors punishable by 72 hours to 180 days in jail and a fine of up to $2,000. The driver also faces a license suspension of up to one year, 24 to 100 hours of community service, and a license surcharge of $1,000 to $2,000 per year for three years. The driver may be able to obtain an occupational license to drive to work.
A second Texas DUI / DWI offense will be charged as a Class A misdemeanor punishable by 72 hours to 365 days in jail and a fine of up to $4,000. The driver also faces a license suspension of 180 days to two years and 80 to 200 hours of community service. The driver also faces a license surcharge of $1,500 to $2,000 per year for three years. An occupational driver’s license may be available if the driver can demonstrate essential need.
A third or subsequent drunk driving offense is treated extremely seriously – it will be charged as a third-degree felony. The driver faces two to 10 years in prison, a fine of up to $10,000, and 160 to 600 hours of community service. The driver will also have his or her Texas driver’s license suspended for 180 days to two years and must pay a license surcharge of $1,500 to $2,000 per year for three years.
Drivers arrested for driving while intoxicated or driving under the influence in Ft Bend who are under the legal drinking age of 21 face special challenges. Drivers under 21, or under 18 for that matter, found to have a blood alcohol content of .08 percent or greater will face the same punishment as any other motorist convicted of drunk driving.
However, drivers under the legal drinking age who don’t exceed the legal limit of .08 percent BAC can still face charges and repercussions. A driver under 21 who has any detectable amount of alcohol in his or her system can be charged with a Class C misdemeanor punishable by a fine of up to $500. The driver also faces 20 to 40 hours of community service, a 60-day license suspension, and a mandatory alcohol-awareness class. Drivers who are under 21 who are merely in possession of alcohol can also be charged with a Class C misdemeanor punishable by a fine of up to $500, eight to 12 hours of community service, a 30-day license suspension and a mandatory alcohol-awareness class.
Ft. Bend drivers arrested for DUI / DWI who are under 18 also face special circumstances. Drivers under 18 who are found to have any detectable amount of alcohol in their system must be accompanied to every court appearance by a parent or guardian. Again, a driver under 18 who exceeds the legal limit of .08 percent BAC will face the same penalties as an adult. Individuals under 18 who drive under the influence of any detectable amount of alcohol face a fine of up to $500 and 20 to 40 hours of community service related to alcohol education or alcohol abuse prevention.
In addition, drivers under 18 will be required to attend an Alcohol Awareness Program sponsored by the Texas Commission on Alcohol and Drug Abuse within 90 days of conviction. The driver’s parents or guardian may be required to attend the program as well. If the driver doesn’t successfully complete the Alcohol Awareness Program within 90 days of conviction, the court can suspend driving privileges for an additional six months.
Drivers under 21 who are arrested for their first offense may be eligible for deferred adjudication. However, deferred adjudication is still considered a conviction. Drivers under 21 with only one DUI / DWI conviction may have the offense expunged from their records after their 21st birthdays.
In addition to the repercussions listed above, Texas DUI / DWI law allows for certain sentencing enhancements that can increase the penalties if additional allegations are proven. For example, if a motorist convicted of drunk driving in Fort Bend had an open container of alcohol in the vehicle, the minimum jail time will be increased from 72 hours to six days.
Driving drunk with a child under 15 in the car, even as a first offense, is considered a very serious crime in Texas. The accused DUI / DWI driver will be charged with a felony punishable by 180 days to 10 years in state jail and a fine of up to $10,000.
Drivers involved in an injury accident or death while driving under the influence face extremely serious charges. The charge of DUI / DWI causing serious bodily injury, also called intoxication assault, is a third-degree felony punishable by two to 10 years in prison and a fine of up to $10,000. DWI causing death, also called intoxication manslaughter, is a second-degree felony punishable by two to 20 years in prison and a fine of up to $10,000.
The consequences of a Texas driving while intoxicated arrest can be severe, but the good news is that a conviction isn’t inevitable. David Hunter is an experienced Fort Bend DUI / DWI defense lawyer who will craft an individualized strategy to fight any drunk driving case and protect the accused driver’s rights.
- John Venza:
If you have been charged with DWI/DUI, you need to be aware that the State of Texas has an administrative license revocation (ALR) process. Essentially, you have a mere 15 days to contest the automatic suspension that will occur independent of any criminal proceedings.
Charges in a criminal record are public knowledge, and those charges can affect a person’s life for years to come.
- Jeffrey Reddall:
Crimes are behavior that is determined to be harmful to society. The job of prosecuting attorneys is to ensure that criminals are punished through fines, probation, and even jail / prison time. Although dealing with the criminal justice system can be scary, every individual facing a felony or misdemeanor charge is entitled to basic rights, including the right to an attorney and a speedy trial. The job of the criminal defense lawyer is to preserve the rights of the criminal defendant.
- Linnenbank Law:
Criminal Defense: DWI
Authorities continue to crack down on DWI offenders. Don't wait until
your license is revoked to call a lawyer. Be aware of your rights.
- Hughes & Lyon:
To face such charges, you need to hire a thorough and knowledgeable DWI / DUI defense attorney with an excellent track record.
- Broussard, McLaughlin & Segura:
An arrest for Driving While Intoxicated (DWI/DUI) does not mean
that you are a criminal, a drunk or a bad person. More people are
falsely accused and convicted of DWI than any other crime. A
single police officers subjective opinion that you may be
intoxicated is all it takes for you to find yourself handcuffed in
the back of a police car. DWI carries severe consequences and
requires that you take immediate action to protect your rights.
In fact, if you failed or refused to take a breath or blood test,
the State has already begun the process to take away your drivers
license. You should retain a qualified DWI attorney as soon as
possible.
Sulphur Springs
- Eddie Northcutt:
Generally, people have even greater expectations of privacy in their
homes under the Fourth Amendment than they might have in other
property, such as automobiles. Accordingly, police cannot normally
search someone's home without a warrant, absent exigent circumstances.
The "hot pursuit" exception allows police officers to follow a fleeing
felon into a house without a warrant. In 1967, the Court held in Warden
v. Hayden that police officers in hot pursuit of a fleeing felon may
make a warrantless search and seizure to prevent the suspect from
resisting or escaping. In that case, police were informed that the
suspect had committed an armed robbery and had subsequently entered a
house. The Court held that police officers were justified in entering
the home and performing a search without a warrant, limiting the scope
of the search to the suspect or his weapons.
Temple
- Young & Libersky:
Have you been arrested? Discuss your case with an experienced Criminal
Defense Attorney prior to making decision that may affect your future.
Terrell
- John Harris:
A blood alcohol level of .08 is enough for the state to press charges
of Driving While Intoxicated (DWI). Texas state law allows 40 days to
challenge a license suspension in a DWI case.
Texarkana
- Mowery Law Firm:
understands how important it is for a criminal defense lawyer to
interview witnesses and examine police procedures. Before you plead
guilty to a crime such as DUI/DWI, assault, burglary, drug crime or
other offense, contact... ...for an evaluation of your case.
- Friedman Law Office:
Felony and misdemeanor criminal charges may have serious consequences
in Texas and Arkansas. A conviction could lead to jail time, costly
fines, probation and the suspension of your driving and other
privileges.
- Chaufty & Pearson:
A conviction on DUI/OWI charges will result in fines, driver's license
suspension or revocation, and possibly land you in jail. In addition, your
insurance company may increase your rates to an unmanageable level. In
defending against an impaired driving charge, you have many rights as a
criminal defendant, including the right to cross-examine the witnesses against
you, even if they are police officers. An experienced attorney can make all the
difference in such a difficult case.
- Anderson Law Firm: Criminal law is the body of law that relates to
so-called "public wrongs." Criminal law does not concern itself with
disputes between individuals, but relates to offenses against the
public order. The federal government, along with cities and states,
define and prosecute people who commit crimes that range from minor
traffic violations, to serious, violent offenses, like rape or murder.
People who are charged with a crime are called defendants, and they are
represented by criminal defense attorneys. The governmental body that
pursues the charges against the defendant is represented by a lawyer
called a prosecutor. If you find yourself charged with a crime, you
need the legal counsel of an experienced criminal defense attorney, to
protect your rights now, and in the future. The United States
Constitution prohibits taking a person's life, liberty, or property
without the due process of law. In order to meet this standard, a
criminal statute must clearly set out the conduct that will be
considered criminal. The statute must be more than a vague description
that leaves a person without notice of exactly what conduct is
prohibited. A criminal statute must set out the state of mind of a
guilty person, called the mens rea, as well as the unlawful action, or
actus reus. If you accidentally step on someone's toes when you enter a
crowded elevator, that is not a crime because there was no guilty mind.
Fantasizing about stomping on your boss's toes is not a crime because
there is no guilty act. Crimes of attempt, like attempted murder, are
not an exception to this rule. Attempt crimes require doing something
toward the commission of the crime. A criminal defense attorney will be
able to explain these terms to you, and to take away some of the
mystery of an unfamiliar situation.
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