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Coppel DWI Lawyers

1. Burrows, Dale: Criminal Defense FAQ Driving While Intoxicated (DWI) Question: "What is the difference between 'DWI' and 'DUI'?" Answer: "DWI" stands for "Driving While Intoxicated" and "DUI" stands for "Driving Under the Influence." In Texas, "intoxicated" can be proven in a criminal court in 3 different ways: 1) proving that the driver had a blood alcohol concentration of 0.08 or above, 2) the driver had lost normal use of his/her mental faculties OR 3) the driver had lost the normal use of his/her physical faculties. DWI can be a misdemeanor or a felony depending upon the facts of the case and/or whether or not the accused has been convicted of DWI before. In Texas, DUI only pertains to minors (anyone under the age of 21). This offense does NOT require that the accused be intoxicated, but only that the driver has ANY detectable amount of alcohol in his/her system. Although classified as a Class C Misdemeanor (as is a speeding ticket), if a minor has prior convictions, he/she can also receive jail time for this offense. Question: "If I am charged with DWI or DUI, when should I hire a criminal defense attorney?" Answer: As soon as possible. Both offenses can result in suspension of your driver's license before you are ever required to appear in court. Also, there may be evidence that would be helpful to your defense that could be time-sensitive. In order to receive the best defense possible when charged with such a crime, the sooner you hire an attorney, the better. Question: "I was arrested for DWI and I did not provide a specimen of my breath or blood. Can I still be convicted of this offense?" Answer: Yes. There are 3 different ways to prove intoxication in Texas. If the State can prove that you did not have the normal use of your mental or physical faculties, you can still be convicted of this crime. Question: "I was stopped by an officer and he asked me to perform some tests on the side of the road. What are those tests?" Answer: Those tasks are called Field Sobriety Tests. There are currently three standardized tests that are nationally recognized and acknowledged: the Horizontal Gaze Nystagmus, the Walk and Turn, and the One Leg Stand.