Houston DWI Lawyers
- Mallet Saper:
t's DWI (Driving While Intoxicated) in Texas and DUI (Driving Under the Influence) in most other states. This is "bread and butter work" for defense attorneys because everyone who has a beer or other beverage that gives an "odor" of alcohol to a police officer, can be "sentenced" to jail overnight or until bailed, solely based on the officer's suspicion. If a driver "blows sober" then he is often charged with driving under the influence of drugs or medicine, an equally serious charge. There are special, harsh rules that apply when there is an accident, or bodily injury, or an open alcoholic beverage container is found inside a vehicle.
Anti-drunk driving organizations lobby locally and at Congress and the State Legislature. Every year, it seems the consequences of DWI increase. The consequences of a DWI conviction are far more serious and complicated than most people realize. For additional information please view our summary of Texas DWI law.
What follows a DWI arrest can significantly affect your life. Criminal proceedings and administrative hearings and other license retention efforts must receive equal attention if you want to stay on the road.
Many clients who come to us following a DWI arrest had never before been in trouble with the law. They didn't enjoy their many hours in jail waiting for pretrial release or bail. They fear that they will lose their driverÕs license and will lose their job. They dread the next insurance bill. They dread the "surcharge," up to $2,000 per year for three years, to keep a Texas driver's license. They want to know the impact that their first criminal charge will have on their lives.
Our job in a DWI case includes helping you keep your driving privileges. This includes representation at Administrative License Revocation Proceedings (ALR) and applications for restricted license necessary for employment and family necessities.
Many DWI cases can be successfully defended: The police are not infallible. The testing equipment is not without defects or poor maintenance. The breathalyzer and its operators often make mistakes. One published statistic is that 90% of all DWI's result in a guilty plea, but 50% of the cases that are set for trial result in a dismissal or a not guilty.
- Murray, Mekisha:
What should a person do if they discover a warrant has been issued for their arrest?
If a person learns a warrant has been issued for their arrest, they should contact their attorney immediately. Hiding or anyway obstructing the execution of the warrant will most likely result in additional criminal offenses being filed. In many cases, a Òwalk-throughÓ can be arranged with the police agency attempting to execute the warrant to allow the person to be booked in and post bond. Whether a Òwalk-throughÓ can be arranged will depend mostly on the nature of the offense and the appropriateness of the client for a bond.
When should I call a lawyer?
As soon as you become aware that the police (or some other investigating agency) are looking for or investigating you, or if you believe that you may have committed a crime. A lawyer can intervene with the police and either prevent an arrest or, if you are going to be arrested, arrange for your surrender at a time and in a manner that minimizes embarrassment to you or your family. Hiring a lawyer can also protect you from being questioned by the police.
What should I do if I am arrested?
First, be polite and cooperative. Arguing or struggling or fighting will never make the situation better. Rarely, if ever, will a person be able to convince an officer to stop an arrest. Second, say nothing to the police other than your name and other identifying information (e.g., address, date of birth). DO NOT discuss the situation with them. You should tell the police that you want to speak to a lawyer, and that you do not want to speak to them until you have spoken to a lawyer. Finally, call a lawyer -- as soon as possible.
Can my attorney file a motion to dismiss because the StateÕs Case is weak and enough evidence?
No, this is a common misconception. A Judge does not have the authority to dismiss a criminal case before trial even if the Judge believes the StateÕs evidence against the defendant is weak. However, a Judge may acquit a defendant who has been convicted, if that Judge believes that the conviction was based on insufficient evidence.
Can I have my criminal record expunged?
A misdemeanor case that results in a dismissal or in an acquittal or a felony case that results in dismissal prior to an indictment or an acquittal, then the record of your arrest and prosecution can be removed from your record, subject to some exceptions. Contrary to popular belief, you cannot have a successfully completed deferred adjudication probation expunged, but you very well may be eligible for an Order of Nondisclosure of Criminal Records, depending on the type of offense and prior criminal history.
The police officer who arrested me failed to read me the Miranda rights.What effect does that have on my case?
An officerÕs failure to read Miranda rights is not necessarily fatal to the prosecutorÕs case. Generally, the failure to read the rights will prevent the officer from being able to repeat in court any oral statement you might have made after being arrested. If the officer was questioning you at that time, verses you making spontaneous statements. Miranda is required 1) when a suspect is in custody and 2) when that suspect is being questioned.
If I am stopped for a traffic violation and an officer asks to have a look inside my vehicle, do I have to agree?
No! Usually, if the officer has probable cause, they wonÕt be asking you for permission to look inside your vehicle. The officer is asking you to give up your fourth amendment constitutional right to be free of an unlawful search and seizure. If you have contraband in the vehicle and consent to the search, you have just forfeited your right to contest the lawfulness of the search in court.
How much will it cost to hire a lawyer?
It depends. The cost of defending against criminal charges will vary depending upon the charges, the facts of the case, and whether the case proceeds to trial. Some lawyers charge an hourly rate while others charge a single fee for the entire case or a separate fee for different stages of the case. For example, there may be one fee for all pretrial matters and an additional fee for the trial itself. A good lawyer will provide a free initial consultation so that he or she can assess your case and establish a reasonable fee and so that you can decide whether you feel comfortable with that attorney. Do not hesitate to ask specific questions of the lawyer. The lawyer works for you, the client, and should be open to any reasonable inquiries that you may have. I do not charge for initial consultations. So, please call me at 713.228.2611 to set up an appointment so we can sit down and talk about your case. Or you may either email me or fill out the information sheet and I will contact you as soon as possible.
What is the range of punishment for my offense?
The punishment range depends on the offense and following list explains punishment ranges the class of offense:
Class C misdemeanor (tickets): fine only and amounts will differ depending on the offense
Class B misdemeanor: up to 180 days in jail and/or up to $2,000 fine
Class A misdemeanor: up to one year in jail and/or up to $4,000 fine
State Jail felony: minimum 6 months in jail and a maximum 2 years in state jail, and up to $5,000 fine
3rd degree felony: minimum 2 years and a maximum 10 years in prison and up to $10,000 fine
2nd degree felony: minimum 2 years and a maximum 20 years in prison and up to $10,000 fine
1st degree felony: minimum 5 years and a maximum 99 years or life in prison and up to $10,000 fine
Some clients will qualify for probation or deferred adjudication instead of jail or prison time. The above sentences do not consider any priory criminal history or aggravating circumstances.
Can I get an Occupational DriverÕs License?
An individual whose driver's license has been suspended generally is eligible for an occupational, or restricted, license. This requires the filing of a legal action in county or district court and the issuance of a court order authorizing the Department of Public Safety to issue the license. An occupational license may allow the individual to drive not just to maintain employment, but also to attend an educational institution and to perform essential household duties. The court order must specify the purposes for which driving is allowed, as well as permissible driving times and areas of travel.
What is an Administrative License Revocation (ALR) Hearing?
If your license is suspended because of a DWI arrest, the suspension can be contested in an administrative license revocation hearing, which is held before an administrative judge in the State Office of Administrative Hearings. The hearing must be requested within 15 days of the arrest. At the hearing, the Department of Public Safety must prove by a preponderance of the evidence that the officer had reasonable suspicion to detain the person, as well as probable cause to arrest the person for DWI. The Department also must prove that the person, after being properly warned by the officer, either refused the test or took the test, and the test showed that the person had an alcohol concentration of 0.08 or more while driving a motor vehicle. If the DPS Judge finds a failure to prove any of these issues, your license will not be suspended at the hearing.
- Zamir, Shahin:
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 District Attorneys are being pressured by organizations such as Mothers Against Drunk Driving (MADD) to prosecute these crimes to the full extent of the law. It is very easy to be wrongly accused. At the same time, the penalties for DWI cases have become increasingly more 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 not allowed in DWI cases in Texas. 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.
- Chapital, Aldrinette:
It is your life and liberty that is on the line. Whether you are charged with an offense related to drugs, DWI, DUI, murder or any other felony or misdemeanor, you should seek proven, competent representation.
Please note that while no attorney can guarantee a particular result or outcome of any legal matter, the Law Office of Aldrinette M. Chapital will always exert our best efforts to see that our clients are satisfied with the outcome of their particular legal problem.
Types of Cases Include:
# Armed Robbery
# Arson
# Assault
# Assault & Battery
# Burglary
# Car Jacking
# Child Abuse
# Child Endangerment
# Child Molestation
# Indecency with a Child
# Controlled Substance Violations
# Drug Offenses
# Domestic Violence
# Driving Under the Influence
# Drug Offenses
-Trafficking
-Manufacturing
-Possession
-Possession for Sale
-Possession with Intent to Distribute
-Possession of Paraphernalia
-Transportation
-Cultivation
-Cultivation of Marijuana
# Embezzlement
# Expunction
# Fraud
# Forgery
# Gaming and Gambling Offenses
# Guns and Weapons Violations
-Ex-Felon in Possession
-Gun-Use Enhancements
-Possession of Illegal Weapons
# Juvenile Delinquency Matters
-Including All Types of Juvenile Crimes
# Kidnapping
# Larceny
# Manslaughter
# Murder
# Pornography
# Resisting Arrest
# Sex Crimes
-Sexual Assault
-Rape
-Date Rape
-Statutory Rape
-Failure to Register as a Sex Offender
-Indecent Exposure
-Lewd Conduct
-Molestation
# Stalking
# Terroristic Threats
# Vehicular Manslaughter
# Vehicle Code Offenses
# And All Other Types of Crimes
- Gilbreath, Stavis :
Criminal Defense
* White collar crimes
* DWI
* Drug charges
* Property seizure and forfeiture defense
* Assault and family violence
* Sexual assault
* Property crimes
* Juvenile offenses
* Domestic violence
- Hochglaube, Mark:
When you have been charged with a crime, you want a lawyer who will take the time to listen, who will help you understand your rights, and who will ensure that the right people hear the right parts of your side of the story. Whether in jury trial, motions before a judge, or negotiations with the prosecution, my advocacy is about getting the right information to the right ears so that my clients are neither wrongfully punished, nor wrongfully convicted.
- Carpenter, JL:
If you have been arrested or charged with DUI/DWI, take an immediate step toward protecting your rights, freedoms and driving privileges.
- Houston DUI & DWI Defense:
Drinking and driving charges in Texas are unique in that there are two, simultaneous proceedings that must take place in civil and criminal courts. The punishments for each are independent of one another.
1. CIVIL COURTS: For first-time offenders the Department of Public Safety will attempt to suspend your license for 90 days to a year. Defendants with prior alcohol or drug related charges will face suspensions of one year or more.
2. CRIMINAL COURTS: A DWI is considered a Class ÒBÓ misdemeanor. If convicted, you may face penalties including no less than three days in jail, a $2,000 fine, alcohol education courses, probation, community service and court costs.
In addition, the DPS is now required by recent Texas laws to collect a surcharge from convicted DWI/DUI parties. The surcharge is $1,000 a year for three years for those individuals who either did not provide a sample or provided one of 0.15 BAC or less. For those who provided a sample of 0.16 or higher the surcharge is $2,000 dollars a year for three years.
DUI LAWS IN TEXAS:
Only minors Ð individuals under 21 years of age Ð can receive a DUI. TexasÕ Òzero toleranceÓ policy prohibits minors from driving with any trace of alcohol in their system. If a police officer charges you with a DUI penalties can include:
1. A 60-day license suspension
2. 20-40 hours of community service
3. Up to a $500 fine
4. Attendance at alcohol awareness classes
5. Additional penalties for an underage drinking conviction
We have years of first-hand experience in the rapidly changing Texas DWI/DUI laws and the requirements of the DPS. It is of the utmost importance to realize that your defense team should specialize in DWI/DUI cases. The nature of these offenses and the many special interest groups behind the severity of the punishments make drinking and driving charges a serious issue. Nevertheless, one small piece of forgotten information on the part of the arresting officer can lead to an immediate dismissal of your case. You deserve an attorney who is experienced in this particular field and will educate you on every aspect of your case.
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