Dallas DWI Lawyers
- Leon, David: What happens if I refuse to submit to a blood or breath test at a traffic stop? The penalties vary depending on the age of the driver, and the number of prior DWI/DUI offenses. If the driver is younger than 21, then the refusal will result in a one-year suspension. If the driver is 21 or older, then the minimum suspension is 90 days. The suspensions increase depending on the driver’s prior DWI history. Sphere: Related Content
- Bauguss, James: If you’ve been arrested for a DWI, it’s important to understand all of your rights and fight back. If you’ve been arrested for a DWI and are already telling people you “got a DWI,“ STOP!!! STOP!!! STOP!!! Unless you’ve already been convicted by a jury, stop telling people you “got a DWI.” You may have been charged with a DWI, but have yet to be convicted of anything — the state must prove its case beyond a reasonable doubt. Too many people just don’t get this. They feel that they are guilty just because a biased police officer told them so. DWI convictions, even for first offenses, carry VERY SERIOUS consequences. In Texas, deferred adjudication (meaning you plead guilty and the charge can later be dismissed) is usually not an option for DWI cases. That means a conviction stays on your record FOREVER. Most convictions result in 1-2 years probation if not actual jail time, suspension of your driver’s license, hundreds of dollars in fees, thousands of dollars in surcharges, and a substantial increase in your insurance premiums with the possibility that you’ll be dropped altogether by your insurance carrier. For the rest of your life, you may have to tell prospective employers and others about your conviction. This is all possible even if you never got in trouble with the law before — even if you’ve never gotten so much as a single traffic ticket. Conviction should be avoided at all costs.
- Williamson, John: In drunk driving cases, ... conduct a thorough examination of all the facts and circumstances surrounding the stop and arrest. In Texas, the police can only pull you over if there has been a traffic violation. ... review all of the evidence to determine whether there was probable cause to pull you over. ... verify whether you were properly advised of your rights before the police took any statements and whether field sobriety and blood alcohol tests were properly administered. If there are any irregularities, ... file a motion to suppress the evidence and to dismiss the charges, if appropriate.
- Abrams, Warren: When you are facing a DWI charge, you need a Criminal DWI Defense Lawyer who has the experience, skills, and confidence to take your DWI case to trial, fight for your rights, and win your DWI case.
- Blacknall, Sharita: Most of us know somebody who, at one time or another, has been accused of Driving While Intoxicated. Whether it is you, a friend, co-worker, or family member, DWI is probably the one criminal offense that will undoubtedly affect at least one person we know well and care about. If that someone turns out to be you, it is critical that you have a trusted legal advisor who will answer your questions, knows the law, and is capable of zealously defending you in court. "Drink. Drive. Go to Jail." We’ve all seen the commercials and billboards. But, is it that simple? The answer is no! Actually, there is nothing simple about DWI. What the billboards don’t tell you is that it is not illegal to drink then drive if you are at least 21 years of age. The fact of the matter is that it's only illegal to operate a motor vehicle if you are legally intoxicated. And, it's the State's burden to prove, beyond all reasonable doubt, that you were physically or mentally impaired, because of alcohol or drugs, at the time you were driving. Or, the State has to prove that your BAC was .08 or greater at the time you were operating your vehicle. Make sure that you hire a lawyer who knows the law and will hold the State to its burden of proof. The push to prosecute and convict people accused of DWI is as strong as ever. You need an experienced trial lawyer on your side who can get the job done.
- Loya Law: Anyone can make a mistake. If you face drunk driving charges in Texas, you probably have a lot of questions about the charges you face: what are the potential consequences?
- Cox, Thomas: DUI/DWI The penalties for drunk driving are increasingly severe. In fact, the laws have become so harsh that even refusing a blood alcohol test can result in a mandatory driver's license suspension.
- Merrill, Roy: The State of Texas has three different degrees of misdemeanors. Class A misdemeanors can be punished by up to one year in the county jail and/or a fine of up to $4,000.00. A Class B misdemeanor conviction can be punished by up to 180 days in the county jail and/or a fine not to exceed $2,000.00. A Class C misdemeanor conviction can be punished by a fine not to exceed $500.00.
- Elliston, Mark: If you have been charged with drunk driving, you may be experiencing a flood of emotions. You may be alternately angry and embarrassed, frustrated and nervous. Regardless of how you are feeling though, you need to act quickly. There is no time to dwell on your feelings.
- Bright, James: If the State of Texas charges you with Driving While Intoxicated (DWI) it is extremely important that you get in touch with an experienced criminal defense attorney as soon as possible. The unique nature of these allegations requires that you be represented by someone with significant experience and expertise in the field of Criminal law. There are several important things that must be taken care of in an expedited fashion to preserve your rights. First, in the State of Texas you should always request within 15 days a hearing from the Texas Department of Public Safety to challenge the revocation of your Drivers License. If you refused an Officer's request for a sample of Breath or Blood after being arrested, your license will be suspended for 6 months starting 40 days from the date of arrest. If you voluntarily submitted to the Officer's request and your Blood Alcohol Concentration (BAC) was over 0.08, your license will only be suspended for 90 days. To keep this from happening it is extremely important to challenge the State's revocation of your license. Whether this is your first, second or third DWI, the same rights apply to your case. The consequences of having a DWI conviction in the State of Texas have changed dramatically in recent years and it is important to hire an attorney to fight your case and be willing to take it to a Jury Trial. Just because you refused to take or failed a breathalyzer test does not mean you are guilty. There are ways to challenge the validity of the initial traffic stop and the procedures used by the police officer during a field sobriety test that will diminish the legal effects of your refusal. Even more important to know is the fact that a breathalyzer test is not foolproof. Many things can go wrong that will affect a test’s accuracy.
- Robert Thornton: Have you been charged with DUI or DWI?
- Frank Ehman: A drunk-driving conviction carries with it serious and long-lasting consequences which can include jail time, heavy fines, and suspension or revocation of a driver's license. A person who is facing a drunk-driving charge should not hesitate to seek immediate legal counsel from an experienced drunk driving defense attorney. In Texas, the first offense of DWI & DUI is a Class B misdemeanor that carries a range of punishment of up to 180 days in the county jail and/or a fine of up to $2,000.00. In addition, a refusal to submit to a “breath-test” will result in a driver’s license suspension for 90-days if the person's driving record shows no alcohol or drug related enforcement contact in the previous 10 years. However, with the right representation the consequences do not have to be as severe. If you have no prior alcohol-related license suspensions, you are eligible for an occupational driver's license. In addition, the jail sentence, driver’s license suspension, and a significant portion of the fine may be probated for one year.
- Moore, Barrett & Grant: Ways to resolve your case: New cases: If you have been arrested or charged with a crime you may resolve your case in the following ways. Dismissal:Your case may be dismissed by the district attorney for various reasons. The DA may determine that the evidence is too weak to support a conviction or your attorney may be able to have the evidence suppressed. Jury Trial: Both you and the State have the absolute right to a jury trial. In a jury trial a jury is selected to determine whether or not the evidence proves your guilt beyond a reasonable doubt. You must decide, before jury selection begins, whether you want the jury or the judge to decide your punishment in the event of a guilty verdict. Trial Before the Court: If you and the State both agree to waive the jury you may plead not guilty to the judge. The State is then required to prove your guilt beyond a reasonable doubt to the judge. In this case the judge decides your sentence if you are found guilty. Open Plea: If you and the State both agree to waive the jury you may plead guilty to the judge and have the judge decide your sentence. Slow Plea: In a slow plea you plead guilty and a jury is selected to determine the appropriate sentence. Plea Bargain: Often your lawyer can negotiate a fair plea bargain with the district attorney. In this situation you plead guilty, with a plea bargain to the judge. Judges almost always follow the plea bargain. In rare cases where a judge cannot follow the plea bargain, you are permitted to withdraw the plea and start all over.
- Fitzpatrick Hagood Smith & Uhl: A criminal charge, much less a conviction, can ruin a reputation.
- John McShane: You should consult an attorney for individual advice regarding your own situation.
DWI, the stakes are high
Driving While Intoxicated (sometimes called DWI or DUI) is one of the most common charges the average person might face. Police officers are being pressed to enforce the DWI laws very strictly and it is very easy to be wrongly accused. At the same time, the penalties for DWI cases have become increasingly severe over the last few years. In addition to the embarrassment and damage to reputation, a person charged with a second DWI faces penalties including jail for up to a year and a $4000 fine. Deferred Adjudication is specifically disallowed in DWI cases. Further, if your license is suspended as a result of a DWI, it now costs you $1000 a year for three years to be able to drive. The laws regarding DWI cases are very complex and the prosecutors are experts in this field. You need a criminal defense lawyer that has the knowledge, experience, and aggressiveness to level the playing field and hold the state to its burden.
What about my license?
In addition to defending your criminal case, Matthew Arnold will fight for you right to drive at the administrative license revocation hearing following your arrest. If you are arrested for a DWI, call a lawyer immediately. You have a limited time to contest the revocation of your license and such a hearing can be very useful in defending the criminal case later on.
Generally speaking, the penalties for DWI are becoming increasingly severe. The specific range of punishment depends on a number of different circumstances. For example:
a) first offense: a first-offense conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 3 days to 180 days, and a driver's license suspension of 90 to 365 days. (Class B Misdemeanor).
b) second offense: the maximum fine increases to no more than $4,000.00 and/or jail from 30 days to one year, and a possible driver's license suspension ranging from 180 days to 2 years. (Class A Misdemeanor).
c) third offense: here, you may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment, and suspension of your driver's license ranging from 180 days up to 2 years. (3 rd Degree Felony).
d) DWI with an open alcohol container (first offense): In addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00. (Class B Misdemeanor).
e) DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication: this crime is called intoxication assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000.00. (3 rd Degree Felony).
f) DWI where a death has occurred as a proximate cause of the intoxication: here, the crime is intoxication manslaughter. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2 nd Degree Felonies).
- Barry Reno: Texas DUI laws can be tough. Driving under the influence is an issue that prosecutors take very seriously. While drunken driving might have led to a stern warning 20 years ago, prosecution and possible incarceration are at stake today. With the stakes so high, the consequences when police and prosecutors make a mistake can be severe. You cannot afford to make a mistake in defending against charges of drinking and driving. A driver’s license is often necessary to earning a living. If the police do make a mistake, it is important to have a knowledgeable defense lawyer to find that mistake and protect your rights.
- David Pire: The crime of drunk driving is also known as "driving under the influence," or DUI, and "driving while intoxicated," or DWI. In some states, the crime may be known as "operating while intoxicated, or OWI, or "operating under the influence," or OUI. The names vary according to how state law refers to or defines the crime. Whatever the name, the state laws all have a common aim of punishing those who drink and drive, or those who drive while under the influence of illegal drugs. A drunk driving conviction carries with it serious and long-lasting consequences: jail or prison time, a heavy fine, and suspension or revocation of a driver's license. A person who is facing a drunk driving charge should not hesitate to seek immediate legal counsel from an experienced drunk driving defense attorney.
- Zisman Law Firm: The United States Constitution, and its Bill of Rights, as ultimately interpreted by the United States Supreme Court (above) provides the bulwark of the rights of those accused of crimes. We do not equate accusation with guilt, and attempt to make available to all our criminal defense clients all the rights and remedies the law provides.
- Michael Kelly: You should consult an attorney for individual advice regarding your own situation.
- Ed Mason: A conviction for DWI can affect your life in many ways. You will lose your driver's license. Your insurance rates will increase substantially. You will have a criminal record and may go to jail. It is possible to defend a DWI charge however. Mistakes made by the police, inadmissible test results and other facts can lead to a dismissal of the charge, reduction to a non-alcohol related driving charge or a not guilty verdict. * Did the police have a legal basis to stop you? * Did the police have a legal basis to 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 submit to a blood alcohol test? * Are there biological factors which could have led to the test result? * And many others
- Rasansky Law Firm: DWI Lawyer in Texas Texas DWI lawyers are specialized in the complexities of drunk driving cases and understand the far-reaching impact a DWI conviction can have on a person’s life. DWI Penalties Think about the many daily activities that rely on the ability to drive, such as taking your family to school or medical appointments, getting to work or even buying groceries. If convicted of a DWI, DUI or drunk driving, your driver’s license may be revoked and you will not be able to perform these everyday tasks. You need an Experienced DWI Lawyer The selection of your DWI lawyer makes all the difference in restoring your quality of life.
- Mark Perez Se Habla EspaĖol: If you have been charged with a DWI / DUI, a sex crime, a white collar crime , or a violent crime, you need ... aggressive and reputable Dallas Texas criminal defense lawyers ... DUI/DWI DUI in Dallas is a serious charge and you need to take it seriously. Don’t take any chances, contact criminal lawyer immediately. Any DUI conviction in Texas carries a mandatory driver’s license suspension. A first time conviction for DUI is a “Class B Misdemeanor” can carry severe consequences. It carries a penalty of up to 6 months in the county jail along with a find up to $2,000 fine. A second offense is a “Class A Misdemeanor” carries jail time up to one year and up to $4,000 fine. A third offense is a “Third Degree Felony”. This carries up to 10 years in penitentiary time along with up to $10,000 fine. If you are stopped for a DUI, the police officer will take your driver’s license and serve you a Notice of Suspension/Temporary Driving Permit. You then have 15 days to request a hearing that would be a mandatory suspension between 90 to 180 days. If this is not the first offense suspension time increases. If you find yourself with a DUI charge immediately contact a Dallas Criminal Lawyer.
- Fuller, Dennis : Criminal cases are like darts. If external forces affect the trajectory by as little as one degree, the dart will miss it's mark.
- Stephen Muncey: Due to recent changes in Texas law, it is now more important than ever to keep your driving record as clear as possible.
"Drink. Drive. Go to Jail."
We’ve all seen the government sponsored commercials and billboards. But, is it that simple? The answer is no! Actually, there is nothing simple about DWI. What the government does not tell you is that it is not illegal to drink then drive if you are at least 21 years of age and not under the influence of alcohol and / or drugs. The fact of the matter is that it's only illegal to operate a motor vehicle if you are legally intoxicated. And, it's the State's burden to prove, beyond all reasonable doubt, that you have lost the normal use of your physical or mental faculties, because of alcohol or drugs, at the time you were driving. Or, the State has to prove that your Blood Alcohol Concentration was .08 or greater at the time you were operating your vehicle.
- Michael Grossman: A criminal conviction can be a frightening experience. It is important to educate yourself about your rights. Grossman Law Offices can help you understand your rights and develop a strategy for defending your case. When you are charged with a criminal offense you need quick and clear answers to your legal questions. You need to understand your legal rights and act accordingly to protect them. For this reason, it is important to seek the help of a qualified criminal defense lawyer, as quickly as possible.
- Charles Malloy: A DWI / Intoxication related Conviction carries a LIFE Sentence! (A DWI or Intoxication oriented conviction stays on your criminal history record, FOREVER, FOR LIFE, even after your death.) Everyone who might care about it, can easily find out. Prospective Employers will know about it, prospective Schools will know, prospective Spouses and in-laws will know, and prospective Insurance Companies, investors, banks, lenders and business partners will all know about the criminal conviction for a substance abuse related offense. You may be suspected of having a potential substance abuse problem, and therefore excluded from consideration. A conviction will change your life, your future.
- >Bill Stovall: DWI is probably the one criminal offense that will undoubtedly affect at least one person we know and care about. In fact, many of us know somebody who, at one time or another, has been accused of Driving While Intoxicated. If you are arrested for DWI, it is critical that you have a knowledgeable attorney who knows the law, will answer your questions, and is capable of zealously defending you in court. "Drink. Drive. Go to Jail." We’ve all seen the government sponsored commercials and billboards. But, is it that simple? The answer is no! Actually, there is nothing simple about DWI. What the government does not tell you is that it is not illegal to drink then drive if you are at least 21 years of age and not under the influence of alcohol and / or drugs. The fact of the matter is that it's only illegal to operate a motor vehicle if you are legally intoxicated. And, it's the State's burden to prove, beyond all reasonable doubt, that you have lost the normal use of your physical or mental faculties, because of alcohol or drugs, at the time you were driving. Or, the State has to prove that your Blood Alcohol Concentration was .08 or greater at the time you were operating your vehicle.
- Paul Essenburg: There are important issues anytime you are arrested for a DWI that can effect your driving privileges, the ability to fight the case, the possible punishment if you plead guilty.
- Patrick McLain: An arrest occurs when a person has been placed under restraint or has been taken into custody by a police officer. A person is placed under restraint when his or her freedom of movement is restricted by physical force or by a show of authority. The use of physical force occurs with the slightest touching or the application of physical force. A show of authority occurs when a police officer's words and actions operate as a command. An arrest does not occur when a person is free to leave or when the person feels that he or she is free to leave.
- Frank Jackson: You should consult an attorney for individual advice regarding your own situation.
- Stephen Karns: If you have been arrested for the offense of DWI, the value of representation by an aggressive, experienced trial attorney cannot be underestimated. Whether disposing your case prior to a trial, or trying your case in front of a jury, an aggressive, experienced trial attorney gives you the best chance for success. Administrative License Revocation First, your driver license may be suspended both by the court that handles your criminal case and also by the Texas Department of Public Safety prior to the disposition of your criminal case. If your driver license was confiscated after your arrest, you have fifteen days from the date of the incident to request an administrative hearing to fight the suspension of your license. If you do not request this hearing, your license will be suspended on the fortieth day after the date of the incident
- Lassiter, Mark: What are the penalties for DWI? If you decide to plead guilty to a DWI or do not receive a favorable verdict at trial there is a range of penalties that can occur. Depending on the number of prior convictions a person has and when those convictions occurred, a DWI can be either a misdemeanor or a felony offense. Generally speaking, the penalties for DWI are as follows: a) first offense: a first-offense conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 3 days to 180 days, and a driver's license suspension of 90 to 365 days. (Class B Misdemeanor). b) second offense: the maximum fine increases to no more than $4,000.00 and/or jail from 30 days to one year, and a possible driver's license suspension ranging from 180 days to 2 years. (Class A Misdemeanor). c) third offense: here, you may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment, and suspension of your driver's license ranging from 180 days up to 2 years. (3rd Degree Felony). d) DWI with an open alcohol container (first offense): In addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00. (Class B Misdemeanor). e) DWI with an accident where serious bodily injury because of the intoxication: this crime is called intoxication assault, if convicted you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000.00. (3rd Degree Felony). f) DWI where a death has occurred because of the intoxication: this crime is extremely serious and is intoxication manslaughter. If convicted you may pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies). e) DWI with a child passenger: A person commits a state jail felony if they drive while intoxicated and there is another person in the vehicle who is under 15 years of age. 'Punishment for a non-enhanced state jail felony is by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00. In some of the above minor classifications you may be eligible for probation, but there is no guarantee that you will receive a probated jail sentence or fine. Standard Misdemeanor DWI Conditions of Probation include: • Report once a month to a probation officer • Not to commit any further crimes during the term of probation • To pay a monthly supervisory fee to the probation office (approximately $40.00) • To perform a specified number of community service hours during the term of your probation (between 24 and 80 hours) (community service is volunteer work to benefit the community) • To attend DWI awareness classes dealing with the effects of alcohol or listening to victims of DWI related tragedies, • To disdain from consuming alcohol for the term of your probation • To pay your non-probated fines and court costs • Any other requirements the court sets for you.
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