Texas Drunk Driving Defense AttorneysTexas G-Z
RETURN TO DRUNK DRIVING DEFENSE
- Scoggins, Gary: Traffic citations can have serious negative consequences for both your driver's license and insurance rates. Speaking to an experienced attorney can help you minimize, and often eliminate, the adverse effects of a traffic citation. * Careless and reckless driving * Driving after consuming alcohol if the driver is under 21 * Driving while license or registration suspended or revoked * Driving While Intoxicated - DWI * Driving with a blood alcohol level of .08% or greater * Driving with expired registration * Felony death by vehicle * Hit and run * Manslaughter or negligent homicide involving a motor vehicle * Speeding tickets * Speeding to avoid arrest * Speeding in a construction zone * Speeding in a school zone * Racing * Failure to yield to emergency vehicle * Failure to yield right-of-way * Failure to have liability insurance * Failure to stop for a siren * Passing a stopped school bus * Running a red light * Running a stop sign * Illegal passing * Following too closely
- William Copenhaver: bad things happen to good people
- Trichter & Murphy:
The truth is that a great number of innocent people are arrested for suspicion
of DWI. Of course, the majority of those arrested are guilty of DWI. However,
this "majority" fact provides absolutely no solace for those arrested for DWI
who are not guilty - especially if one of those persons is you!
- Simmons, Gregory: personal injury, commercial litigation, criminal defense and family law
- Dillon, Matt:
Examine all angles of the case, such as:
Did the police have a legal basis to stop you?
Did the police have a legal basis to have you perform tests?
Did the police have a legal basis to arrest you?
Did the police properly inform you of your constitutional rights?
Were the breath or field tests properly administered?
Did you voluntarily and knowingly provide a breath, blood, or urine sample?
- Bailey, Larry:
many more areas
- Smith, Don
DWI/Driving While Intoxicated
DUI/Driving Under the Influence
Drivers License Suspensions
Cyber Crime/Internet Crimes
Drug – Simple Possession to Narcotics Trafficking
MIP/Minor In Possession
- Terry Yates: Experience and skill. In many cases, especially ones that go to trial, a good lawyer can mean the difference between freedom and jail. In addition, a well-known, experienced defense lawyer can often persuade a prosecutor to drop an investigation or indictment altogether. A prosecutor facing a weak attorney may be encouraged to pursue a case that may have otherwise been dismissed.
- Helson, Ronald: Criminal Law Felonies Misdemeanors Juvenile
- Strauss, Lisa: # You have 15 days from the date of your arrest to save your driver's license - so you must act now! # DWI is a very expensive situation - if convicted of a DWI, you will have a $3000 surcharge on your driver's license at the end of the case, even if you accept probation as a punishment. Additionally, you will have to pay fees, court costs, program costs, increasing insurance costs, occupational license fees and more... You deserve to know everything UP FRONT. # You may qualify for a Pre-Trial Diversion if you this is your first offense, but you must act on this special program quickly. I can explain the process to you and let you know whether or not the program would be good for your situation. If you are admitted in the program, the final result may be a dismissal.
- Big Spring
- White, David:
Wondering What Happens Next?
An arrest for drunk driving leaves many questions to be answered, such as:
* Will I go to jail?
* Will I lose my driver's license?
* What kind of fines am I going to have to pay?
* Is this going to effect my current or future employment?
* How much will my insurance increase?
The answers to these questions depend on how you are charged and the outcome of your case. It is important to seek legal advice to get the best result based on your circumstances. If this is not your first DUI/DWI offense, don't wait to contact a lawyer because you stand to lose much more than a first-time offender.
If you are convicted of two or more DWIs, you face mandatory jail time. And there is no time limit on when the second DWI may occur - so even if your first drunk driving conviction was when you were young and in college, you could still be facing felony charges and jail time if you make a mistake 30 years later.
If you are being charged with your first DWI, it is important that you do not plead guilty and accept the prosecution's first deal. You could be facing the loss of your license and extensive licensing fines in the years to come. Contact an attorney who can help you plead down your first DWI charge or assist you in getting an occupational license so you can still get to work after your license has been suspended.
- Donald Richard: You should consult an attorney for individual advice regarding your own situation.
- Falkenberg, Robert:
Child Protective Services Cases
Custody & Parental Right Matters
Business Formation & Filings
Limited Liability Companies
Professional Limited Liability Companies
General Contract Drafting & Review
Real Estate Documents
WILLS & ESTATES
Powers of Attorney
Medical Powers of Attorney
- Ferguson & Hix:
Family & Divorce Law
- Hostetler, Michael: Employment Law Criminal Law DWI Family Law Wills and Estates Auto Accidents
- Greene, Reed: * Violent crimes, including homicide/murder, assault, aggravated assault * Sex crimes, including sexual assault, aggravated sexual assault, indecent exposure and failure to register as a sex offender * Crimes against property, including robbery, aggravated robbery, burglary and theft * Crimes against children, including sex crimes, aggravated kidnapping, abducting a child, abandoning or endangering a child and interference with child custody * Injury to a child, elderly individual or disabled individual * Drug crimes, including drug possession, possession for sale, drug manufacturing, drug trafficking/distribution and prescription fraud * White-collar crimes, including fraud, insurance or welfare fraud, internet crimes, bribery and forgery * DUI/DWI, including first-time offense DUI/DWI, multiple offense DUI/DWI and felony DUI/DWI * Traffic violations, such as reckless driving, driving without a license, speeding and running a stop sign
- Brancheau, Curtis:
Wills / Trusts / Probate
- Holmes, David:
Wills and probate
Occupational drivers licenses
Civil Trial Practice
- Manoushagian, Dana:
Areas of practice:
Adoption law / guardian law
DUI, DWI, OUI, OWI / traffic violation
Probate law / trusts law / estate planning / will planning
Areas of family and marital law:
Child custody trial
Divorce master hearing
Power of attorney
Property settlement agreements
Protection From Abuse (PFA)
Areas of criminal law:
Drug related offenses
DUI, DWI, OUI, OWI offenses
No license / invalid license / suspended license
Theft cases and robbery
- Chastain Johnson:
With each legislative session, the laws on driving while intoxicated – DWI - continue to get tougher and having the right attorney to represent you is more important now than ever.
With DWI's there is one thing to always keep in mind. YOU ARE BEING RECORDED. Many times even before the officer has stopped you and approached your vehicle, the dash camera in his vehicle has been recording your driving. Everything you say and do during the stop is recorded and will later be used to determine how your case is resolved.
If you are charged with DWI you will face 2 separate cases with both having significant consequences.
Criminal Prosecution for Driving While Intoxicated.
Administrative Driver's License Suspension (ALR)
The first portion, being the criminal prosecution, requires the State to prove beyond a reasonable doubt the elements of the offense of Driving While Intoxicated as specified in the Texas Penal Code. Texas Penal Code Section 49.04 states “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.” Intoxication can be proven in one of two ways (1) a person not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance in the body; or (2) having an alcohol concentration of 0.08 or more.
Police use the breathalyzer to measure your blood alcohol concentration. Alcohol concentration in a person can depend on a number of factors including your weight, amount of alcohol consumed, length of time over which you consumed the alcohol, the type of drink consumed, what you have had to eat, how much sleep you have had and what medications you may be taking.
While no blood alcohol calculator is 100% accurate, the following charts provide an estimate of Blood Alcohol Concentration (BAC) based on known factors.
BAC Chart for Men
BAC Chart for Women
With one of the ways to prove intoxication being having an alcohol concentration of 0.08 or more, taking the breathalyzer test and blowing in excess of 0.08 can quickly put you and your attorney in a difficult position. This is why if you have ever spoken to an experienced DWI lawyer you will have likely been told to never blow. While a breath test in excess of 0.08 can make defending your case more difficult, it does not mean you are guilty of the offense of Driving While Intoxicated. An experienced DWI defense knows and understands how to successfully attack the intoxilyzer results.
If you have been arrested and have given a breath sample in excess of 0.08 you must hire an experienced and qualified attorney to represent you.
If you refused to give a breath sample, the State will attempt to prove intoxication by showing you have lost the normal use of your mental or physical faculties. This is done based on your performance of standardized field sobriety tests (SFST), including the horizontal gaze nystagmus (HGN), walk and turn and the one leg stand.
You do have the right to refuse these standard field sobriety tests. According to a study published by the National Highway Traffic Safety Administration (NHTSA), when all 3 standard field sobriety tests are administered perfectly they are only accurate in predicting intoxication 91% of the time. This means that roughly 1 out of 10 people arrested based solely on field sobriety testing may not actually be intoxicated. When you also consider that police officers very rarely administer the tests perfectly, you can see the danger in doing field sobriety tests.
CONSEQUENCES OF A DWI CONVICTION:
A first offense DWI is a class B misdemeanor punishable by no less than 3 days in jail and no more than 180 days and a fine not to exceed $2,000. If at the time of your arrest you have an open container in the vehicle, the minimum term of confinement in jail is raised from 3 days to 6 days. The jail term can be probated for up to 2 years.
If you receive probation, there are a number of things that will likely be required:
Payment of a Fine
Community Service Hours
DWI Education Course
Alcohol/Drug Evaluation of deemed necessary by the Court
Driver's License Suspension
Monthly Reporting to a Probation Officer and payment of Monthly Probation Fees
Installation of a Deep-Lung Breath Analysis Mechanism (Ignition Interlock) installed on your vehicle
Additionally, all DWI convictions are reported to the Department of Public Safety in Austin. A first offense DWI conviction will result in a surcharge of $1,000 paid annually for a period of 3 years to keep your driver's license. A second offense DWI requires the payment of $1,500 annually for 3 years.
All of the above consequences do not take into consideration the effect a DWI conviction can also have on your auto insurance coverage. Auto insurers can and will cancel you or rate you up significantly when they discover the conviction.
When you consider all the fines, fees, surcharges and effect on your insurance rates, a first offense DWI can easily cost you $10,000 or more.
ADMINISTRATIVE DRIVER'S LICENSE SUSPENSION (ALR):
Most everyone is familiar with the criminal prosecution you face following an arrest for DWI but very few are aware of the Administrative License Suspension (ALR) portion. An ALR is a civil proceeding where DPS seeks to suspend your driver's license.
When you are arrested for DWI the arresting officer will confiscate your license and provide you with a temporary license and serve you with a “Notice of Suspension.” Once the officer has served you with the Notice of Suspension, you have 15 DAYS to request an ALR hearing. If you do not request a hearing within 15 days, your right to a hearing is waived and your driver's license will be suspended on the 40th day after your arrest. The length your license is suspended will range from 90 days if you provided a specimen of your breath or blood and 180 days if you refused.
The time to request a hearing is short and you should contact me immediately following your arrest to avoid waiving your right to a hearing. While requesting a hearing does not guarantee your license will not be suspended, it does give you a chance to keep your license.
Once you or your attorney have requested a hearing, you can drive normally with your temporary permit until your hearing has taken place or until your suspension is in effect.
If you win your hearing, your license will not be suspended and you should receive your license back through the mail within a matter of weeks. However, if you lose your hearing the suspension on your license will take effect immediately from the time that the order is served. Once your license has been suspended you will be required to pay a $125.00 reinstatement fee after your suspension period has expired before your license can be reinstated.
- Landon Northcutt:
Don't let a DWI ruin the rest of your life when you can contact an experienced DWI attorney ...
Understanding a DWI
When you have been charged with driving while intoxicated (DWI) in Texas, there are many different consequences that can have a severe impact on your life. To keep these consequences from ruining your life, it is important to contact an experienced DWI attorney as soon as possible following your arrest.
- Williams, Kevin: DWI/DUI Because Texas convictions for DWI (driving while intoxicated) or DUI (driving under the influence) carry heavy penalties, even for the first offense, it is essential to have a criminal attorney defend you. State law sets the limit for intoxication at .08 blood alcohol concentration (BAC). However, regardless of BAC, a police officer can issue a DWI charge for impaired driving due to alcohol or other drugs, legal or illegal. The Texas zero tolerance law makes it illegal for anyone under 21 to drive with any detectable amount of alcohol. When you are arrested and charged with drunk driving, you will be dealing with two separate cases—an administrative hearing dealing with license suspension and a DUI/DWI criminal proceeding. Generally you must appear in court where a judge or jury renders a decision. However, once you are convicted, Texas law sets mandatory punishments, that leave the judge no discretion.
- Henson, Cody:
15% Wills / Living Wills
15% Criminal Defense
15% Real Estate
15% DUI / DWI
15% Estate Planning
10% Personal Injury
- Skocpol-Saleh, Kristine: * DUI * Misdemeanor * Felonies * Burglary * Robbery * Assault
- >Russell, Andee: Family Law Divorce - Child Custody - Modifications Protective Orders - Adoption Grandparents Rights - Visitation Criminal Law DWI Felonies Misdemeanors Drug & Weapons Charges Theft - Prostitution Assault - Family Violence Personal Injury Traffic Accidents - Injuries at Work Serious Injury or Death Cases Nursing Home Negligence
- Cedar Park
- Nicole Thibault: Have You Been Charged with A Crime? If you have been charged with a crime, or are about to be charged with a crime. It is very important that you obtain the advice of counsel as soon as possible. 1. You Have a Constitutional Right to Have an Attorney Present When Questioned by Police; 2. Anything You Say Can and Will Be Used Against You in a Court of Law; 3. According to the Fifth Amendment of the United States Constitution, you cannot be compelled to incriminate yourself. However, many people who are charged with a crime make statements that are self-incriminating because they do not seek the advice of counsel. Don't make that mistake! Anything you say to the police during an investigation can and will be used against you in a court of law. Criminal Liability Historically in our criminal-justice system, two things must have been present for criminal liability to attach to an action. One - A person must have the intent to take the criminal action and Two - There must be a guilty act. Both of the above pre-requisites must take place in combination with each-other in order for the commission of a crime to take place. Classifications of Crimes: Felonies The most serious crimes are felonies, which are typically either particularly heinous, involve dangerous weapons or threaten relatively high amounts of financial damage or harm to property. Traditionally, felonies are punishable by either confinement for a year or longer, usually in a penitentiary or similarly secure facility, or by the death penalty. Š Felony of the First Degree Š Felony of the Second Degree Š Felony of the Third Degree Š State Jail Felony Misdemeanors Misdemeanors are crimes that are usually less violent or involve lower levels of harm than felonies do. The legal procedure is usually simpler than for felonies, the penalties less severe and the long-term consequences less harsh. Penalties typically include fines, property forfeitures or jail time of less than one year in a facility less secure than a penitentiary. Š Misdemeanor A Š Misdemeanor B Minor Charges The least severe infractions are minor traffic offenses and the like. The terminology varies by state, but common terms for these offenses include petty offenses, infractions or violations of local law. Often the only penalty is a fine and sometimes the infraction may not even be considered a crime. Š Misdemeanor C Probation Probation is intended both to rehabilitate and to punish offenders who have never been in trouble before and who have been charged with less serious offenses, in a normal and less expensive environment than jail, in an effort to make them contributing members of society again. Probation allows the offender to keep working to provide for his or her family, to pay taxes, and sometimes to provide restitution, or compensation, to his or her victim(s). Š Conditions of Probation Usually, a person who is on probation must report regularly to a probation officer or court employee for monitoring of his or her behavior. Reporting could range anywhere from unsupervised to intensive, weekly reporting. Probationary sentences often require the payment of fees, fines, and court costs which can be paid through-out the probationary period. Some of the most common conditions of probation are listed below: • Drug treatment * Alcohol and Drug education • Community service * Restitution • Counseling * No further arrests • Confinement or monitoring * Driving restriction • No alcohol or drug use If a person who is on probation fails to meet the conditions of his or her probation, the court after a hearing can modify or revoke the probation, require incarceration, impose additional penalties, or any combination thereof. Sometimes the period of incarceration imposed after a failed probation can be longer than would have been originally imposed when probation was ordered instead. Š Variations on Probation Some of the following options allow a defendant to serve-out his or her conditions of probation, allowing them to go to and from work while otherwise leading a restricted life. Other types of options in probationary sentences allow the offender to work during the day and report to the jail in the evenings, called work release. Another option is weekends, allowing the offender to work during the week and fulfill his sentence on the weekends, thereby reporting to the jail on Friday night. About a third of drunk-driving probationers serve split sentences, where a period of incarceration is combined with the period of probation. Sometimes the judge sentences the defendant first to a short jail term intended to shock him or her by exposure to the severity of incarceration, followed by probation. This type of sentence is known as "shock probation" and is gaining popularity. "House arrest" is probation served mostly at home while wearing an electronic tracking device. Conclusion It is important to keep in mind that crime classifications vary by jurisdiction and that this page provides only general information. To understand the details of a criminal charge in your jurisdiction, an attorney can explain the potential punishment and ramifications.
- Butler, Ron: In Texas, DWI cases can be tough to defend against, and that is why you want an aggressive defense to attack the evidence and explore every possible option to weaken the prosecution's case against you. I will also take the time to explore the potential for plea bargaining with the prosecution to reach a fair deal that protects your rights. Whether you face criminal charges for the first time or you have been convicted of a DWI in the past, my focus is to keep you out of jail. I will also help you take action to protect your license and minimize any potential fines you may face. In Texas, your third DWI is considered a felony. This is not just the case for drunk driving convictions over a period of a few years, but applies to convictions over the course of your lifetime. We will look at the circumstance surrounding your particular case in order to come up with a defense tailored to your needs. Drivers License Suspension If you have been arrested for a DWI, you have 15 days to challenge the mandatory suspension of your license, and 40 days to get an alternate license in its place. These administrative concerns are especially important for people who make a living with an occupational or commercial driver's license, or ODL.
- Shanks, Matthew: Most Texans drive at least once every day. You probably take your car to work or to school. Maybe you also drive other places throughout the day. Drunk driving charges automatically jeopardize this lifestyle. Even if you are not convicted of the crime, your driver's license may still be suspended or revoked.
- Murray, Joshua: * Drunk driving (DWI) * Possession of a controlled substance and other drug charges * Assault * Family violence * Theft * Juvenile crimes
- Chris Samuelson: The State has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you go too low, your attorney will not be able to put in the time necessary to protect you. Look for a reasonable, predictable fee, not the lowest.
- Clerburne, College Station, Conroe, Corpus Christi
- Pemberton, William: # Criminal Law # General Civil and Criminal Trial and Appellate Practice Commercial Litigation # Personal Injury
- Dallas Dallas Dallas Dallas Dallas Dallas Dallas Dallas Dallas Dallas Dallas
- Duane Corley: If you have been arrested or accused of a crime or traffic offense, you need an experienced trial attorney who is able to honestly answer your questions and zealously defend your individual and constitutional rights.
- Deer Park
- R.J. Hagood: ... goal is to provide the highest quality legal services to you in a timely fashion.
- Denton Denton Denton
- Fred McDanieL: You should consult an attorney for individual advice regarding your own situation.
- El Campo
- Manske & Manske: An arrest for driving while intoxicated (DWI) can be intimidating and can have lifelong ramifications. If you've been pulled over and charged with DWI (known in some other states as driving under the influence or DUI), you need an advocate who will remain on your side throughout the process.
- Gintella, Mario: If you have been arrested, you need someone to guide you through the process, to help you to understand what is happening in your case, to engage the prosecutors on your behalf and to fight for you. This is a frightening time for you. You can be facing jail time, high fines, driver's license suspensions and high surcharges to get your driver's license back. You need someone who will keep you well informed, include you in on the planning for your defense and give you good, honest advice even if it is not the advice you want to hear. Mario will go to bat for you. Mario will strive to get the best results for your case. DWI is a highly technical area of law. If you are facing a DWI, you need someone who understands DWI law and science and keeps up to date on all of the latest case law and strategies. IMPORTANT TIPS IF YOU ARE DETAINED FOR DWI: You have a constitutional right to remain silent. You do not have to give any more information than your name and address (and show all proper identification and proof of insurance) You have the right to refuse to take any roadside tests such as the eye tests, the Walk and Turn or the Balancing Test. Mistakes in administering these test or some health issues can lead to mistaken arrest for DWI. Refusal to take the tests WILL lead to arrest, but it is better to be arrested out of hand than to have potentially inaccurate evidence or officer error lead to a conviction. You should not agree to give any breath or blood sample. How do you know if the sampling is done properly, if the equipment is working properly, if testing of blood is done properly? You DO NOT KNOW. Refusing to give Blood or Breath will lead to at least a 180 day Driver's License Suspension, but we will help you fight any suspension and can assist you in getting an Occupational Driver's License if your license is suspended. It is very important to remember to request an Administrative License Revocation hearing within 15 days of your arrest or your license will be suspended without any consideration of the evidence against you. If you do not hire an attorney before the 15th day, please be sure to request a hearing. You can find the information on the bottom of the Temporary Driver's Permit/ Notice of Suspension that you receive upon your release from jail.
- El Paso
- Fair Oaks Ranch
- James Mitchell: DWI and DUI charges are an increasingly common social problem in today's world. Throughout Texas and in all other U. S. jurisdictions, it is considered a serious offense and can lead to severe criminal penalties, including heavy fines, loss of driving privileges, and incarceration. The authorities in many states are currently cracking down on DUI offenses by reducing the blood alcohol content level at which a person can legally operate a motor vehicle. However, knowledgeable legal counsel can help you avoid hefty fines, license suspensions, or large insurance increases.
- Andres Cedillos: The Double Jeopardy Clause of the Fifth Amendment, which generally prohibits the government from putting any person "in jeopardy of life or limb" for the same offense twice, does not bar successive trials for the same offense by "separate sovereigns."
- Flower Mound
- LEAKE & BLAIR: Criminal * Divorce * Child Custody 1. How are crimes classified in Texas? Texas law classifies criminal offenses into two broad categories: felonies and misdemeanors. Felony offenses are the more serious and involve possible commitment to the Institutional or State Jail Division of the Texas Department of Criminal Justice. Misdemeanor cases involve possible fine and/or imprisonment in the county jail. 2. What is a Complaint? A complaint is a legal document charging a person with violating a criminal law. It must be sworn to by someone who knows the facts of the crime charged, either by direct knowledge or through investigation. A complaint is generally necessary before an officer can obtain an arrest warrant authorizing him to apprehend a person accused of a crime. 3. What are the steps to a criminal procedure? * Booking * Arraignment * Bail * Preliminary Hearing * Trial * Sentencing * Fine, Probation, Jail * Appeal 4. Do the police need a warrant to arrest me? No, in most cases. It all comes down to probable cause. If the police have probable cause to believe you have committed a crime, then they do not need a warrant to arrest you. 5. What is probable cause? Probable cause exists when law enforcement has more than a “bare suspicion” that a crime has been committed, and that the person they want to arrest has committed the crime. The police don't actually have to witness the crime; they just have to honestly believe it is more likely than not that the suspect was involved. 6. What is the legal definition of intoxication in Texas? * not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substances into the body; OR * having an alcohol concentration of 0.08 or more.
- Fort Bend
- Anthony Segura: A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. Intoxicated means: a) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or b) having an alcohol concentration of 0.08 or more. Alcohol concentration means the number of grams of alcohol per: a) 210 liters of breath; b) 100 milliliters of blood; or c) 67 milliliters of urine. Breath Alcohol Testing Under Texas law an individual is legally intoxicated if his/her alcohol concentration is .08 or greater. A person's alcohol concentration can be determined by testing the blood, urine or breath. “Alcohol concentration” means the number of grams of alcohol per: * 2 * 10 liters of breath; 100 milliliters of blood; or * 67 milliliters of urine. Blood testing is generally considered to be the most reliable and accurate, while urine tests are regarded as the least precise. If you are arrested for DWI in Fort Bend County you will most likely be asked to give a sample of your breath. Breath testing is the most commonly utilized method because it is the least expensive to administer. The scientific community is sharply divided over the accuracy and reliability of breath testing procedures. The police do not save the sample of breath tested. Thus, it is not available for re-testing by an independent laboratory. Time of Driving v. Time of Test An essential element of the crime of DWI is that the person is intoxicated at the time of driving. However, chemical tests only reflect a person's alcohol concentration at the time of testing. A person's alcohol concentration at the time of driving may have been higher, lower or the same. In order to link the test result to alcohol concentration at the time of driving the prosecution may attempt to present expert testimony concerning alcohol concentration at the time of driving. The process the expert uses to relate the test result back to the time of driving is known as retrograde extrapolation. However, in order for the expert to offer an opinion which will be admissible at trial, the court must find that the expert's opinion will be reliable. Factors effecting reliability include: 1. the length of time between the offense and the test(s) administered; 2. the number of tests given and the length of time between each test; and 3. whether, and if so, to what extent, any individual characteristics of the defendant were known to the expert. These characteristics and behaviors might include, but are not limited to: * weight and gender * typical drinking pattern * tolerance for alcohol * how much the person had to drink on the day or night in question * what the person drank * the duration of the drinking spree * time of the last drink * how much and what the person had to eat either before, during or after the drinking Intoxilyzer 5000 - The Breath Machine The State of Texas uses the Intoxilyzer 5000 to determine a person's breath-alcohol concentration. The Intoxilyzer's manufacturer claims the device works on the principle of Infrared Spectrometry. A sample of the subject's breath is collected in the device's sample chamber. At one end of the chamber is a light bulb. At the other end is a light detector. The machine measures the amount of light that passes through the chamber when no alcohol is present. This is this compared with the amount of light passing through the chamber after a sample of the subject's breath is introduced. In theory, the alcohol in a breath sample will absorb some of the light, thus the less light that passes through a breath sample the higher the concentration of alcohol. The Intoxilyzer has a computer chip which processes the results of the test to arrive at a specific alcohol concentration. The calculations the device performs are unknown as the manufacturer refuses to release the computer code. You may be interested to learn that the Intoxilyzer's manufacturer does not warrant that it is fit to accurately determine the alcohol concentration in human breath. In addition, there is no way to check the accuracy of results obtained by using this device because the State refuses to preserve breath specimens for future testing. Police Decide Between Breath, Blood and Urine Test Under Texas law the officer has the right to determine which type of sample to request. For example, if the officer requests a breath sample and you will consent only to a blood test, your license is subject to suspension as a refusal. However, if you submit to a chemical test you have the right to have a physician, qualified technician, chemist, or registered professional nurse take an additional sample of your blood for analysis. Your request must be made within two hours of your arrest and the police are not required to transport you for testing.
- Fort Worth
- Fort Worth Fort Worth Fort Worth Fort Worth Fort Worth Fort Worth
- Barnett Howard & Williams:
On Texas highways, there are signs that read: "DWI – You Can't Afford It." True: if convicted, a first offender will face up to $2,000 in fines, up to six months in county jail, driver's license suspension, and other consequences. The penalties increase dramatically for repeat offenders. With the help of an experienced attorney, you may be able to avoid or minimize penalties.
- Chapman, James: DUI / DWI ALR defense Traffic violations Felonies Misdemeanors
- Barnett, Chris: When you are arrested for DWI in Texas, the police officer must have had reasonable belief that you were driving under the influence of alcohol or drugs. If you have more than .08% blood alcohol content in your system, you can be arrested for DWI. But just because you were stopped and charged does not mean you can't fight the charges and win a case against the police. Many officers fail to take the exact and necessary precautions they are supposed to when pulling you over and then testing you for possible DWI. It is just those mistakes that can get your charges overturned!
- Texas G-Z