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Denton DWI Lawyers

• Derek Adame: Drunk driving (DUI / DWI) charges are serious, and require serious representation.  A conviction for drunk driving can result in incarceration, high fines, probation, loss of your driveršs license, high insurance premiums, difficulty finding employment, and other serious consequences that can impact your life for years to come.
• Christine Ventura:

  Driving While Intoxicated ("DWI") is considered a serious crime in every state. DWI and Driving Under the Influence ("DUI") refer to the same crime. Drinking alcohol or taking drugs may affect your ability to operate cars, boats or industrial equipment in a safe manner. It is against the law in every state to drive under the influence of alcohol or drugs if you cannot safely operate your vehicle.

  If the police observe you driving erratically or violating traffic laws, they are permitted to stop and question you for a DWI violation. If they suspect that you are intoxicated, they can ask you to submit to various tests, including a blood alcohol test.

  Blood Alcohol Content

  When you consume alcoholic drinks, alcohol is absorbed into your blood stream. The level of alcohol in your blood, called the Blood Alcohol Content (BAC), can be measured by different tests. In most states, you are presumed to be drunk and unable to operate a vehicle safely if your BAC is .10 or greater. This measurement means that your blood contains ten/one-hundredths percent of alcohol. In some states, legislatures have lowered the BAC level defining intoxication to .08.

  If the police suspect that you are drunk, they can require you to take a breathalyzer or other test to measure your blood alcohol content. Refusal to take a test may result in an automatic suspension of your license for a long period of time, as much as six months or a year, depending upon the state.

  You also can be convicted of drunk driving without the results of a blood alcohol test or if your blood alcohol test result is lower than the statutory amount. A jury may convict you based on evidence that your breath, conduct, language, and motor movements showed that you were drunk and unable to drive safely.

  Punishment

  The penalties for drunk driving are serious.

  • Punishment for first time offenders includes suspension of driving privileges, points on your driver's license, and fines.
     
  • Punishment for second and subsequent offenses increases significantly and usually means jail time.

  A drunk driving conviction also generally causes your automobile insurance premiums to increase dramatically.

  Many people charged with drunk driving request a trial to fight the charge. Legal defenses may be raised to defeat the drunk driving charge or reduce the penalties. You will need a lawyer to adequately defend yourself at trial.

• Molly Rodgers: In order to determine if the good faith exception will protect an otherwise improper search from the consequences of the exclusionary rule, the following question must be asked: could a "reasonably well trained police officer...have believed that there existed probable cause" to conduct the search? If the answer is "yes," the good faith exception will usually permit the admission of recovered evidence despite a Fourth Amendment violation. In states that apply the good faith exception, illegal searches that arise out of the following circumstances maintain their illegal character, i.e., are not deemed appropriate by the good faith exception: The affidavit in support of the warrant contained intentional misrepresentations The warrant was issued in disregard for judicial obligations The warrant was so lacking in probable cause that no official could find it reasonable The warrant was deficient on its face The warrant was improperly executed
• Tackett & Peugh:

  People often use the terms "DWI" and "DUI" interchangeably. However, each term has a separate and distinct meaning. Driving under the influence or "DUI" is an offense involving a minor driving with any detectable amount of alcohol in his or her system. DUI is a Class C misdemeanor.

  Driving While Intoxicated is an offense committed when a person operates a motor vehicle in a public place while intoxicated. Intoxication does not necessarily mean "drunk". Intoxication, as it applies to DWI means not having the normal use of physical or mental faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, or any combination of those substances. Intoxication also means having and alcohol concentration of 0.08 or more which may be detected by a breath, blood or urine test.

  Driving while intoxicated cases are punishable as follows:
  Offense	Confinement	Fine
  1st offense DWI	72 hours to 180 days	$2,000 maximum
  2nd offense DWI	30 to 365 days	$4,000 maximum
  3rd or more	2 to 10 years	$10,000 maximum
  DWI with child	180 days to 2 years	$10,000 maximum
  passenger
  Intoxication assault	2 to 10 years	$10,000 maximum
  Intoxication manslaughter	1 to 20 years	$10,000 maximum

  FAQs

  Q:	Am I guilty of DWI if I've only had a couple of drinks?
  A:	It is not against the law to drive after having one or more drinks. It is against the to driving after having lost the normal use of physical or mental faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, or any combination of those substances.
  Q:	When stopped for DWI, should I do the field sobriety tests?
  A:	No. Believe it or not, the field sobriety tests (FST) will show evidence of intoxication even if you've had nothing to drink. The FSTs are activities that regular citizens do not normally perform. Inevitably, mistakes will be made. If the police officer is asking you to do FSTs, he suspects you are intoxicated. Any mistakes made, no matter how minor, will be considered evidence of intoxication and confirm what the officer already believes.
  Q:	But, if I cooperate with the police, won't they go easy on me?
  A:	Do not perform any field sobriety tests (FST) or answer any questions. If the police officer says he smells alcohol on your breath, more than likely you will be arrested no matter how well you do on the FSTs. In most cases, the traffic stop, arrest, and offer of a breath test will be videotaped. It is, therefore, important that you act on your best behavior. Do not curse at the officer and be polite. However, when the officer asks you to perform FSTs or to answer questions, tell him that you are unsure of your rights and you would like to consult an attorney prior to performing any physical tests or answering any questions. He may tell you that "at this point" you don't have the right to an attorney. Politely but firmly reiterate that you would like to speak with an attorney. Remember, you cannot be forced to answer any questions or perform any tasks. But, be polite.
  Q:	Should I take a breath or blood test if arrested for DWI?
  A:	Generally the answer is "no", unless you've had absolutely nothing to drink. The Intoxylizer 5000 uses antiquated technology which has been known to fail. It may also be tampered with so as to affect the results. In fact, one well known law enforcement official refused a breath test because he feared the operator had a political agenda. You should also refuse a blood test, unless you've ingested neither alcohol nor drugs, even prescription medication. The blood test is designed to detect levels of both alcohol and drugs which may affect your physical or mental faculties.
  Q:	How do prescription medications affect my case?
  A:	You can be intoxicated as a result of ingesting alcohol, drugs, or any combination. Telling the police officer that all you've taken is prescription medication will not help your DWI case. If you tell the officer you've taken medication (assuming it is a type that affects physical or mental faculties), you are providing another piece of evidence to be used against you.
  Q:	If I refuse a breath or blood test, won't my license be suspended?
  A:	If you are 21 year of age or older and a breath or blood test shows an alcohol concentration of 0.08 or greater, the State will suspend your license for 90 days. If you refuse a breath or blood test, your license will be suspended for 180 days. The State imposes a longer suspension for a refusal in an attempt to encourage you to submit to a breath or blood test. Do not let that sway you. In either case, you are likely entitled to an occupational driver's license (ODL) to allow you to drive to and from work and in the performance of essential household duties. So why unnecessarily provide evidence against yourself?
  Q:	How do I get an occupational driver's license (ODL)?
  A:	We can help you get an ODL to allow you to drive during the period of you license suspension. We will take care of every step in the process of obtaining an ODL. We will draft the petition, file the petition, and educate and prepare you for the ODL hearing.
  Q:	What is an ALR, and is it important?
  A:	An ALR is an administrative license revocation hearing, which must be requested within 15 days from the date of your arrest. It is an opportunity to challenge the suspension of your driver's license. It is also important for two other reasons. First, it allows your attorney to obtain a copy of the police report and question the arresting officer under oath. This is extremely important for evaluating the case for trial. Second, requesting an ALR hearing delays the starting date of your suspension, which will allow you to hire an attorney and obtain an occupational driver's license. If the ALR hearing is not requested within 15 days, the suspension will begin 40 days following the arrest (or notice of suspension).
  Q:	If convicted of DWI, am I going to jail?
  A:	Whether jail time is an appropriate punishment for DWI depends on the facts of the case and the criminal history of the person charged. For a first time DWI with no aggravating factors (e.g. extensive criminal history, accident, belligerent defendant), most defendants can expect probation. However, the range of punishment does include jail time as a possibility.

  
  
• Denver McCarty: Is it possible to defend a blood test case? Yes. Although blood test cases are particularly demanding of a lawyers skill, these can be defended in a variety of ways. Such cases are unique and demand a complete investigation by a skilled lawyer.
• Keith Orsburn: In order to prove the case of DWI, the State of Texas is not required to prove one is "drunk." The law only requires a loss of normal usage of physical or mental facility or a blood alcohol level of .08.      Many times this level may slip up on one after only a few drinks and with out any desire to be intoxicated. Often, even a slight "buzz" may be sufficient for the State to prove intoxication. Many fine citizens have been pulled over after a few drinks and unbeknown to them be legally intoxicated.
• Dryburgh Moraine Borah Crosbie & Scofield: A properly tried DWI trial is one of the most technically complex trials encountered in criminal defense litigation. From developing a knowledge base for effective cross examination of the State's "expert" witnesses, to motions excluding irrelevant and improperly obtained evidence, diligent representation of a citizen accused is paramount. At Dryburgh Moraine Borah Crosbie & Scofield, we fully investigate the factual and legal nuances of each case, and put together an effective trial strategy based upon our training, experience, and our client's desires.
• Hays, Coffey & Berry: DWI/Driver's Licence Suspensions/ALR Hearings - Driving While Intoxicated is a very complex and confusing part of criminal law. It is important to contact an attorney immediately because the first important step occurs within the 15 days after the arrest. A written request for the ALR hearing must be made in writing and it is best if an attorney assists you in this request. The hearing is the second most imporatant step in a DWI defense.
• Tim Powers: If a defendant pleads guilty or no contest to a DWI case - there will always be a conviction on a criminal record (no such thing as a deferred adjudication on DWI cases).