Houston DWI Lawyers
- Schiffer, Paul:
Being charged with a DWI can feel overwhelming and confusing. The prosecution will not be looking out for your best interests, and you might be facing jail or prison time. You can feel like you have nowhere to turn, and no one to stand up for you.
- Joseph & Mabrito:
* Consumer Litigation
* Commercial Litigation
* Personal Injury
* Bankruptcy
* Tax
* DWI/DUI
* White Collar Crime
* Corporate Formation & Contract Negotiation
* Immigration
- Griffin, Brent:
After being arrested for a DWI or other drunk driving offense, it may seem as though you have little or no options and that you must accept whatever deal prosecutors are willing to give you. Fortunately, you do have options and hiring an experienced lawyer to provide criminal defense is the best way to protect your rights and give yourself a chance at reduced or dismissed charges.
- Guerra & Farah:
If you have failed a sobriety test, breathalyzer test or blood-alcohol test, you still might have defenses against your charges. You also might have options such as obtaining a hardship license to drive to and from work, child care, medical treatment, etc.
You owe it to yourself to discuss your situation with an aggressive DWI defense attorney who can provide you with information and options as well as experienced advice.
- Mueller, Sarah:
Q: My license was suspended because I did not take a breath test. I have been riding the bus since this happened. Someone told me I could get an Occupational. What is this and how do I get one?
A: They are referring to an Òoccupational license.Ó Depending on why your license was suspended and whether or not it has been suspended before, you may be eligible if you have an essential need to drive to work. Assuming your license was suspended due to a criminal act, you can file what is called a Petition with the criminal court and request that judge grant you an occupational license.
- DeToto & Van Buren:
Breathalyzer Tests
The reliability of breathalyzer tests is a hotly contested topic in courts throughout the country. There are many factors that can affect breathalyzer test results:
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The thermometer in the breath test machine contains a liquid that must be kept at 34 degrees Celsius. Test results can be skewed if the liquid is above or below this temperature.
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The breathalyzer test assumes that the body temperature of the tester is 98.6 degrees Fahrenheit. Higher or lower body temperature can affect blood alcohol content (BAC) test results.
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The breathalyzer test assumes an individual's blood breath partition ratio to be 2001:1. However, this ratio is often as low as 1001:1 and as high as 3200:1.
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Not all police officers are properly trained on how to use breathalyzer test equipment.
When a legal problem could have a serious impact on your life, work with a lawyer who will aggressively protect your rights and fight to secure a positive resolution for you.
- R. Todd Bennett:
Driving While Intoxicated and Other Alcohol Related Offenses
Today, the stakes are much higher in alcohol related cases than they were in the past. Now, in addition to punishment that the defendant will receive from the court if he or she is convicted, the Texas Department of Public Safety will attempt to suspend his drivers license and they will impose an annual administrative financial penalty for three years on the defendant in order to renew his drivers license.
Range of Punishment:
- DWI - 1st offense: up to 180 days in jail
- DWI - 2nd offense: up to one year in jail
- DWI - 3rd offense: 2 years - 10 years in state prison
- Intoxication Assault: 2 years - 10 years in state prison
- Intoxication Manslaughter: 2 years - 20 years in state prison
Drivers License Suspension:
- DWI with Breath Test Failure: 90 days
- DWI with Breath Test Refusal: 180 days
- Suspensions may be longer if the defendant has prior alcohol related arrests during the 10 year period preceding the date of the defendantâs arrest for DWI
DPS Administrative Penalty:
- $1,000.00 per year for 3 years if convicted of 1st DWI
- $1,500.00 per year for 3 years if convicted of 2nd or subsequent DWI
- $2,000.00 per year for three years in breath or blood alcohol concentration was shown to be .16 or above
If you have been charged with DWI or some other alcohol related offense, think long and hard before you give up the fight. As you can see from the above summary, the collateral consequences to a DWI conviction are significant. All persons are presumed innocent and the prosecutor has the burden of proving the accused guilty beyond a reasonable doubt. In order to convict a person accused of DWI, the prosecutor must show that the person operated a motor vehicle in a public place while intoxicated. Setting aside the legal issues for a moment, often the factual issue in dispute is whether the accused was actually intoxicated, as defined by the law, at the time he or she was operating the motor vehicle. Intoxicated means that the person has lost the normal use of his mental or physical faculties by reason of the introduction of alcohol or a drug into his body; or he has an alcohol concentration (from a breath or blood test) of .08 or more. To sustain a conviction for driving while intoxicated, the prosecutor has the burden of proving this beyond a reasonable doubt. What is normal for any one individual changes with who that individual is. Just because an accused can not stand on one leg does not make him intoxicated. Just because a police officer has the opinion that a person is intoxicated does not necessarily make it so. DWI cases are often very good cases to try. Know your rights, protect your rights.
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