Houston DWI Lawyers
- Mintzer, Rand:
The consequences of a drunk driving offense affect many areas of your life. You could lose your driver's license. You could go to jail. You may have to pay heavy fines. And if convicted, the offense will stay on your record, enhancing the penalties for any subsequent offenses.
- Brashier Law Firm:
Arrest
An arrest occurs when the police take custody of a person upon suspicion of having committed a crime. A person can be arrested before or after a grand jury indictment. At the time of arrest, a person has to be informed of certain basic rights.
Your Right to Remain Silent
Before the police ask any questions regarding the alleged crime, the police must tell the suspect that he or she has the right to remain silent, that anything said can be used against the person in a court of law, and that the person has a right to an attorney and that one will be provided if the person cannot afford one.
The Arraignment
Usually within 48 hours after an arrest a person must be brought before a judge. Usually, this appearance is called an arraignment. At the arraignment, the person is informed of the charges and the judge determines whether there is an adequate reason to charge the person with having committed a crime. The judge also usually will set bail. Bail is the amount of money that a person must give to the court to be released before trial. The basic purpose of bail is to give the criminal defendant a strong incentive to show up for trial; if the person flees or does not appear at the trial, the bail is forfeited.
The Eighth Amendment to the United States Constitution prohibits excessive bail. The amount of bail depends on the nature of the offense, the defendant's prior criminal record, and the court's assessment of the likelihood that the defendant will flee or pose a continuing threat to the community.
In cases of excessive bail, our attorneys can assist you in efforts to reduce the bail. Hearings can be held in the local court or appealed to a higher court.
The Plea
At the arraignment, or at a subsequent hearing, the defendant is asked for an initial plea of "guilty" or "not guilty." If a defendant pleads guilty, there is no trial and the defendant will have a sentencing hearing where the judge will determine the appropriate punishment. In most criminal cases, trials are avoided through a process called "plea bargaining." The prosecutor offers the defendant a compromise where the defendant pleads guilty in exchange for a reduction of the charges or a lessened sentence.
Over 90% of all criminal cases are resolved through guilty pleas. Plea bargaining can occur anytime before the trial begins, and occasionally even during the trial itself. An accused should never accept a plea before contacting a licensed attorney to review all of the ramifications the plea agreement entails.
Discovery
At both the federal and state levels, prosecutors must disclose to the defendant any evidence that would help the defendant to establish his or her innocence.
For example, if a prosecutor learns of a witness who can verify a criminal defendant's alibi, the prosecutor must disclose this to the defense.
- Eliades, Rosa:
ALCOHOL AND TOBACCO
Alcohol Beverage Code Violations
Assembling or Operating an Amusement Ride While Intoxicated
Boating While Intoxicated
Driving While Intoxicated
Flying While Intoxicated
Intoxication
Assault Intoxication
Manslaughter
Possession of Alcoholic Beverage in Motor Vehicle
Prohibition of the Purchase and Sale of Human Organs
Public Intoxication Smoking Tobacco
- Banker, Charles:
After you have been arrested for a DWI or DUI in the state of Texas, you only have 15 days to request an administrative license revocation (ALR) hearing to prevent your driver's license from being suspended or revoked. Many people take their right to drive for granted and a license suspension or revocation can seriously impact your ability to drive to work, to drop off your kids at school and to do many of the other day-to-day activities that are important in your life.
Know Your Rights in DWI and DUI Cases
From the time that you are stopped by a police officer until your trial is completed, law enforcement officials and prosecutors must follow certain procedures in building and presenting a case against you to ensure that your rights are not violated.
* Did the police have a reason to stop you?
* Were field sobriety tests and breathalyzer tests administered properly and was any machinery calibrated correctly?
* Did the police read you your rights after arresting you?
While it is important to always cooperate with law enforcement, it is crucial that you do not talk to the police and voluntarily divulge information that may be used against you in your case. As soon as it is made available to you, exercise your Constitutional rights by contacting an experienced DWI attorney...
- Adamo, Sam:
"Where rights secured by the Federal Constitution are involved,
there can be no rule-making or legislation
which would abrogate them"
- Spann, Stacy:
Whether you face a misdemeanor or a serious felony you will find yourself facing the criminal justice system, which can be a nerve-racking experience. The government has a large staff of lawyers, police and agents, sophisticated crime labs and experts with huge budgets provided by taxpayers which give them a huge advantage. If you cannot challenge the government's case, then you will be forced to accept whatever the prosecutor demands. That might be a plea bargain, fines, or loss of your rights and freedom. In order to challenge the governmentŐs case against you, your attorney must match the prosecutor's case point for point. This requires meticulous preparation, detailed investigation and top notch motion practice.
- White, Arthur:
Every client and every case is different and each requires special attention and preparation.
- McDaniel & DeSai:
Do I need a Lawyer?
Absolutely. Whether it is a case in Municipal Court like a bad check or traffic ticket or a case in County or District Court, lawyers will not only protect your constitutional rights, they will also advise you of your options and the consequences of your actions.
For instance, many people do not realize that paying a fine for a traffic ticket or bad check will result in a conviction. A lawyer may be able to help you avoid receiving a conviction.
- Madrid, Martinez & Associates:
Anyone who has been arrested for a DWI needs more than an ordinary
lawyer. You need one skilled in represting persons charged with DWI. You
should consider the task of finding a good lawyer to be a very seriously
decision because it really will adversely affect your life and your
future if you make the wrong choice.
Driving while intoxicated, or DWI, can be a very serious charge in Texas. Houston law enforcement agencies are very strict on suspected drunk drivers because they want to eliminate the possible danger of an impaired driver on the road. If you are pulled over by a police officer or other law enforcement officer and you are found by breath or blood test to have a blood alcohol concentration (BAC) of .08% or over, you will be charged with DWI. However, you need to also be aware of the fact that if any officer suspects that you are impaired while driving, you can be pulled over and cited for DWI if you have any amount of blood alcohol concentration at all.
Facing a DWI charge can be very upsetting. With the help of a Houston DWI attorney at our law firm, you can start working toward a solid defense. Because we are an intimate law firm, we can give you and your case the attention that you need. Without the assistance of a lawyer, you reduce your chances of a positive outcome in your case.
Charged with DWI in Texas?
If you are a first-time offender, you could face the following penalties if convicted of DWI:
* 72 hours to 180 days in jail
* Up to $2,000 in fines
* Suspended driverŐs license for 90 days to 1 year
* Minimum 24 hours community service
* Class B misdemeanor on your record
* DWI education class
* Probation
This doesnŐt include the economic and social impact on your life if you have to spend time in jail away from your job, home and family. The penalties could be much more severe if you have already been convicted of DWI within a specific time period.
- Johnson & Johnson:
Driving While Intoxicated (DWI) and Driving Under the Influence (DUI)
are different in the State of Texas. Only citizens under the age of 21
can receive a DUI, while anyone can be charged with a DWI. The laws for
someone under 21 years of age are much more restrictive and severe than
the laws for adults. Texas has a zero-tolerance policy regarding
drinking and driving by minors. In fact, the law states that any minor
that has “any detectable amount of alcohol in his/her system” while
operating a motor vehicle is Driving While Under the Influence. Driving
Under the Influence is considered a Class C offense, punishable by a
fine not to exceed $500. However, because a DUI is considered an
alcohol related offense, there are often costly other expenses
associated with a conviction (i.e. increased insurance rates,
cancellation by your insurance carrier, driver’s license suspensions,
etc.). Additionally, if there is a subsequent charge for DUI and a
subsequent conviction, you may be subjected to a lengthy jail sentence
and/or additionally fines and court costs.
Just like with a DWI, the Texas Department of Public Safety can and
will attempt to suspend your driver’s license if you are charged with a
DUI. You have only 15 days from the date of your DUI charge to request
a hearing to save your driver’s license. If you do not request this
hearing, the Department of Public Safety will suspend your Texas
Driver’s License for not less than 60 days. Contact the lawyers at
Johnson and Johnson Law Firm, P.C. immediately to save your license and
fight your DUI charge.
It is important that your DUI case be handled by a competent and
experienced lawyer familiar with the laws related to DWI and DUI. If
your case is not handled appropriately, there can be serious and
lasting consequences. However, if the case is handled by an experienced
DUI lawyer, it is very possible that your DUI case can ultimately be
expunged (removed) from your permanent record.
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