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Houston DWI Lawyers

1. Wymyczak-White, Penny: Drunk Driving FAQ's Q: What is "blood-alcohol concentration" or "blood-alcohol level"? A: Blood-alcohol concentration (BAC) is the level of alcohol in the bloodstream from drinking alcoholic beverages. BAC readings are used in court as evidence in drunk-driving cases. The most common method of measure is a breath test, although blood and/or urine testing is sometimes done. A result of .08 or higher may establish a presumption of intoxication. Q: Can I refuse a Breathalyzer¨ test? A: YES YOU CAN REFUSE A BREATH TEST. Texas has its own version of an implied consent law providing that a driver impliedly consents to alcohol testing just by the act of driving. In Texas, a refusal to take a breath test is itself a civil violation subject to penalties. For example, refusing a breath test might result in automatic drivers-license suspension or revocation. Your test refusal may also be used as evidence against you in a drunk-driving case. In Texas if you refuse the breath test your license is suspended. In Texas if you fail the breath test you license is suspended. Q: Are breath-test results always accurate? A: Texas allows challenges based on the particular circumstances of a test, such as improperly calibrated equipment or inadequately trained officers. If the test results are inadmissible or can be challenged, the case will probably have to be proven based on other evidence, such as eyewitness testimony and field-sobriety test results. Experts are expensive. Q: What if I lose my license but continue to drive? A: If a person whose license has been revoked or suspended due to drunk driving chooses to drive without a valid license and is pulled over, he or she stands to suffer more serious consequences, including possible fines, jail time and probation revocation. In Texas you may be eligible for an occupational license. Q: How can I get automobile insurance after a drunk-driving conviction? A: Although your rates will likely be higher, your insurer may continue to insure you even after a conviction. A subsequent clean-driving record may result in lower rates in the future. If your insurer drops you as a result of the conviction, another insurance company may be willing to accept the risk. In fact, some companies specialize in offering nonstandard insurance to drivers who have been convicted of drunk driving, but the rates are much higher. Another possible source of insurance for high-risk drivers may be state insurance programs created for just these types of drivers.
2. Roe, Carmen: * Motions to Suppress * Drug Possession/Paraphanelia * Aggravated Assault/Assault * Burglary/Theft * Murder * Aggravated Sexual Assault * Fraud * Appeals and Post Conviction * Drug Dog Cases * Motion to Revoke Probation (MRP) * Motion to Adjudicate Guilt (MAJ)
3. Bailey, Galyen & Gold: Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence.  A conviction on DUI or DWI charges will result in fines, the revocation or suspension of your driverŐs license, and possible jail time.  A conviction on even minor moving violations may cause your insurance company to increase your rates to an unmanageable level.  In defending against an impaired driving charge, you have many rights, including the right to cross-examine the witnesses against you, even if they are police officers.  An experienced defense attorney can make all the difference in such a difficult case.
4. John Armstrong: You have fifteen (15) days after a police officer, in Texas, arrests you for Driving While Intoxicated in which to request an Administrative License Revocation Hearing (ALR) from the Texas Department of Public Safety in order to try to save your driving privileges. If you do not request a hearing within the fifteen (15) day time period your driver's license will be suspended on the fortieth (40th) day following your arrest.
5. Steve Baxley: Want to be convicted of DWI even though you may not be intoxicated? If so, take the police officer's tests. Want to know the real truth about these tests? Want to protect yourself? Read on. "Field sobriety testing" (or FSTs) as practiced by police in Texas is not an effective way to tell if someone is intoxicated. It may surprise you to learn there are no conclusive studies linking the results of any field test to legal intoxication. And there are many reasons someone may not perform these tests well even when sober. The National Highway Traffic Safety Administration (NHTSA), police, and prosecutors claim three tests available to officers are scientifically legitimate. These tests are: * The Horizontal Gaze Nystagmus Test * The Walk and Turn Test * The One Leg Stand Test The truth is these tests are questionable and are often inaccurate indicators of intoxication. Make sure you get an experienced criminal trial attorney that can show the true weaknesses of these tests. Often, however, Texas police officers will use other tests. Without exception, all other tests are not validated in any official way. Some of the more common tests officers may use include the Finger-to-Nose Test, the Rhomberg Balance Test, counting or saying the ABCs backwards, counting fingers, or playing "patty cake" often will have no correlation to whether someone is legally intoxicated. You have the absolute right to refuse to perform any field sobriety test. If you take the tests, the officer opinion of your performance will be used when the prosecutor tries to convict you. Some times people feel that if you go along with the officer he may not arrest you. But remember the officer already suspects you are intoxicated and, in all likelihood, will arrest you even if you take the tests. Contrary to common misunderstanding, refusing perform the field tests will not cause your drivers license to be suspended (unless you are on probation and/or have another case pending in which a Judge has ordered you not to refuse to take the tests). One major drawback if you refuse the tests is that at trial the prosecutor will try to make the Jury believe that you didn't take the tests because you knew you were intoxicated and would fail them. Also, if you refuse the officer will probably arrest you right away. But usually, this just speeds up the inevitable.
6. David Breston: If you take the breath test and the machine registers over .08 breath alcohol concentration, DPS will attempt to suspend your license for 90 days for a first DWI arrest. If you refuse to take the breath test after having been arrested for a DWI, then the DPS will attempt to suspend your license for 180 days. Of course, you have the right to request an administrative hearing and try to challenge the Driver license suspension. You must request that hearing within 15 days of your request or you have waived your right to that hearing. If you do not request the hearing within 15 days then your license will automatically be suspended 40 days after you were arrested.
7. Charles Brown: All persons are presumed innocent and may not be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact he/she has been arrested, confined, or indicted, or otherwise charged with the offense gives rise to no inference of guilt at trial.