Houston DWI Lawyers
- Fickman, Robert:
The three key defense issues in a DWI arrest are:
* Whether the police had a reasonable suspicion to stop you?
* Whether after stopping you the police had probably cause to arrest you?
* Whether the state can prove beyond a reasonable doubt that you were driving while intoxicated.
- Hill, Gregg:
In Texas the consequences of a DWI/DUI conviction are steep. For example, if you drive a company car you could lose your car insurance or if you are a government employee, you may lose both your job and your driver's license. Typically, those charged with drunk driving face lengthy jail or prison sentences, steep fines, license suspension, higher insurance rates, and potential deportation.
- DOWNING LAW FIRM:
If you have been arrested in Texas for a DWI, there are a few things you should know. In Texas, if you are arrested for drunk driving, you must request an administrative license revocation (ALR) hearing within 15 days to avoid an automatic suspension of your driver's license. If you failed an alcohol test or refused to take the test, you must take action within the 15-day period, or you waive your right to this hearing.
If you have been arrested for driving while intoxicated (DWI), you are facing significant criminal and civil penalties that may include jail time, long periods of probation, mandatory education or treatment requirements, monetary fines, court-ordered interlock device installment in your car and other substantial limitations to your rights.
If you are stopped by the police, you must show identification. Do not talk more than necessary. You are not required by law to take a field sobriety test. You are required to take a breath test if requested by a law enforcement officer.
To learn more about your rights and options, you are encouraged to contact a DWI defense attorney familiar with Texas criminal laws.
- Manuel Gozales:
If the issue of a defendant's competency to stand trial is raised either before or during a trial, a trial court is required to order a separate hearing on the defendant's competence. The hearing is conducted outside the presence of a jury, unless either the prosecution or the defense requests a hearing before a jury. If either the prosecution or the defense requests a hearing before a jury, a jury, other than the jury that has been empanelled to determine the defendant's guilt or innocence, must be selected.
- Gerald Fry:
Hire An Attorney:
Ê
If you are the possible subject of a criminal investigation, the subject of a criminal investigation, or have been arrested or charged with a crime please hire an attorney before you do any of the following:
Ê
1. DonÕt talk to the police;
2. DonÕt voluntarily go with the police to the police station
(unless you are arrested);
3. DonÕt give the police permission to search your property;
4. DonÕt give the police a written statement.
- Laticia Fuhr:
Whether you have been charged or are being
investigated for a crime, from the lowest level misdemeanor to the most serious felony,
your case is important.
- Rick DeToto:
DWI is a criminal offense accusing a citizen of driving a motor vehicle while intoxicated. Legally, intoxication means that a person has lost the normal use of their mental or physical faculties or has a breath alcohol concentration of .08 or higher. But you must keep in mind that whether someone is intoxicated is based on the opinion of another person who probably has never met you before.ÊFurther, it is legal to drink and drive in Texas as long as you are not intoxicated. So, if you have had a couple drinks but are not intoxicated, it is possible for an officer to form an incorrect opinion and arrest you.
- Easterling and Easterling:
ELEMENTS
THAT THE STATE MUST PROVIDE BEFORE YOU CAN BE FOUND GUILTY OF
DWI 1. Your identification; 2. That you were a
driver; 3. Of a “motor vehicle;” 4. That you
operated in a “public place;” 5. In the State of
Texas; 6. In the county where you are
prosecuted; 7. While “intoxicated;” A. By not
having the “normal use of your mental or physical faculties”
or;
B. By having a blood or breath alcohol content of over
0.08 grams per liter of blood or per 210 liters of breath;
C. At the time you were operating the motor vehicle;
D. By the introduction of alcohol, a drug or combination of both
into your body. YOUR VALUABLE RIGHT TO A JURY TRIAL The right to a
trial by jury is a valuable Constitutional right which allows citizens
to decide your case in open court. In a misdemeanor case, all six
citizens must unanimously agree on your guilt beyond any reasonable
doubt. In a felony case, you are entitled to twelve citizens to serve on
the jury.
PENALTIES FOR DWI IN TEXAS
Generally speaking, the penalties for DWI are as follows:
First Offense (Class B Misdemeanor): A first-offense conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 30 days to 180 days, and a driverÕs license suspension of 90 to 365 days.
Second Offense (Class A Misdemeanor): A conviction includes a fine not to exceed $4,000.00 and /or the possibility of serving jail time from 30 days to 365 days of imprisonment and a driverÕs license suspension of 180 days to 2 years.
Third Offense (3rd Degree Felony): A conviction includes a fine not to exceed $10,000.00 and/or 2-10 years of imprisonment, and a driverÕs license suspension of 180 days to 2 years.
DWI with an open alcohol container (first offense) (Class B Misdemeanor); In addition to the penalty referenced above, you face a minimum of 6 days in jail and a fine not to exceed $2,000.00.
DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication (Intoxication Assault): (3rd Degree Felony). Upon conviction, you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined not to exceed $10,000.
DWI where a death has occurred as a proximate cause of the intoxication (Intoxication Manslaughter): (2nd Degree Felony). Upon conviction, a fine not to exceed $10,000.00 and/or imprisonment from 2 to 20 years.
In the above cases, you may be eligible for probation, but eligibility does not guarantee that you will receive a probated jail sentence or fine. If you are convicted of Intoxication Assault and receive probation, a minimum of 30 days in jail must be served as a condition of probation. If you receive probation for Intoxication Manslaughter, you must serve a minimum of 120 days in jail. However, if you are convicted of Intoxication Assault or Intoxication Manslaughter and the court or jury finds that your automobile was a Òdeadly weaponÓ you may be ineligible to receive probation at all.
- Logan Dietz:
If you have been charged with a crime, you need an attorney. How do you know which criminal defense attorney to choose? How can you tell that they have the experience necessary to protect your rights? How do you know that they are keeping up with the constant changes to the law?
- Christopher L. Carslon:
The potential ramifacations for a DWI conviction are truly frightening.
It is not just the legal penalties but also the social and possilbe
work-related penalties that can be the most frightening. If convicted,
you could loose your job or be unable to find future employment, your
insurance rates will go up or be cancelled, and you could even go to
jail. The fines, fees, costs, and surcharges are such that the State
truly means it when they say. " DWI, you can't afford it."
- Carroll & Becker:
DWI and DUI Article
You thought it would never happen, but you abruptly find yourself in an unwanted situation.
- Essmyer & Tritico:
Since 1992, the likelihood of an arrest leading to a conviction has
generally risen. Although some defendants think that they can "beat the
system" on their own, having an experienced criminal defense attorney
on your side is the best way to prevent becoming another statistic.
Whether you are facing a misdemeanor or a felony criminal charge, in
State or Federal court, a conviction will result in a criminal record,
and could result in large fines, jail or prison sentences, and the loss
of important civil rights. No criminal charge should be taken lightly.
Police and prosecutors will work hard to convict you.
- Patrick Davis:
The United States Constitution guarantees "... the accused shall
enjoy the right to a speedy and public trial, by an impartial jury ...
and to have the assistance of counsel for his defense. "
If you've been arrested, your future is at stake. Isn't it worth
your freedom to hire a lawyer with the knowledge and experience to
fight your criminal charge?
Drunk Driving DUI/DWI
Texas police, prosecutors, and judges take drunk driving seriously. Essmyer, Tritico & Rainey, LLP takes rights seriously. DUI / DWI is not a simple traffic ticket. DUI / DWI is considered a serious criminal offense. You need a serious and experienced DUI / DWI attorney to represent you and protect your rights.
Conviction for drunk driving DUI / DWI in Texas can result in a wide range of serious penalties, which can include:
* A Minimum Of 72 Hours In Jail On Your First Offense
* Loss Of Your Driver's License
* Fines In Excess of $2000
* Community Service
* $1000 Per Year For Three Years to Retain Your Driver's License
If you are charged with a third or subsequent DUI / DWI, or you are accused of drunk driving with a child under the age of 15 in the car, you could be convicted of a felony. Felony DUI / DWI penalties include 2-10 years in prison.
In addition to your criminal case, you must request an ALR (Administrative License Review) hearing to challenge the revocation of your driver's license.
You should not face the criminal or administrative proceedings without an experienced Texas DWI attorney to defend you. Our DUI lawyers know how to challenge traffic stops, sobriety tests, and Breathalyzer evidence. We will do everything we can to protect you from a drunk driving conviction.
- Fred Dahr:
Q: What is the punishment for a DWI conviction?
A: The punishment range for a first DWI offense is from 3 to 180 days
in jail and a fine not to exceed to $2000. Up to two years probation is
an alternative.
You must also pay a penalty fee to keep your drivers license. The
penalty is $1000 a year for three years. If your blood alcohol level
was .16 or greater, the penalty is $2000 a year for three years.
Q: Will I lose my drivers license if I am arrested for DWI?
A: You may lose your drivers license if you refuse to submit to a
breath or blood test, or if you agree to take one of the tests and fail
it.
If you refuse to take a blood or breath test and you are older than 21,
your license may be suspended from 180 days to 2 years. If you take the
blood or breath test and fail, you license may be suspended from 90
days to one year.
The suspension can be challenged in a hearing. However, you must
quickly request the hearing (usually within 15 days of getting
arrested).
Q: What is an occupational license?
A: If you lose your drivers license, you can petition for a restricted
license that allows you to drive to essential destinations like school
or work.
Q: Can I get my DWI conviction expunged from my record?
A: No, if you are convicted of DWI, you cannot get the conviction
erased from your record. This is true even if you received probation
instead of jail time. If you are worried about having a criminal record
for employment or credit purposes, consult an attorney about fighting
the charge.
Q: Will my insurance rates go up if I am convicted of DWI?
A: Yes. At the very least, they will probably double. Consult an insurance agent for details.
Q: What is probation? A: Probation is an alternative punishment
to prison. If convicted, you will not have to go to prison; instead,
you will complete requirements imposed by the judge. For example,
probation can include paying fines, random drug testing and community
service.
After you complete the probationary period, you will have a conviction
on your record.
Q: Am I eligible for probation?
A: All persons convicted of misdemeanors are eligible for probation.
For felonies, if you elect to have a jury sentence you, you are
eligible for probation if your sentence is less than ten years and you
have never been previously convicted of a felony.
If you elect to have the judge sentence you, you are eligible for
probation if your sentence is less than ten years and you are not
convicted of certain crimes.
Q: What is deferred adjudication?
A: Deferred adjudication is a special type of probation available to
defendants who plead guilty or no contest. Basically, you are placed on
deferred adjudication for a certain amount of time. If you complete the
time period without getting in trouble, the charges are dismissed and
you will not have a conviction on your record. However, if you commit
another crime or violate the conditions of the deferred adjudication,
you are found guilty and the judge can assess any punishment in the
statutory range of the crime.
Deferred adjudication is not allowed for DWI and other intoxication
offenses.
Q: Is deferred adjudication better than probation?
A: Basically, yes. If you complete the deferred adjudication period
without getting in trouble, you will not have a conviction on your
record. With probation, the conviction stays on your record.
However, the consequences for getting in trouble while on deferred
adjudication are worse than for probation. If you violate your deferred
adjudication, the judge can assess any punishment in the statutory
range of the crime.
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