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Search for Texas DWI
Attorneys by County.
Friendswood, Galveston, Georgetown, Gonzales, Grand Prairie, Heath DWI Lawyers
Friendswood - Richard Cope:
The "right to drive" is a privilege which is governed by the individual
states. Traffic violations are a mix of regulatory and penal (criminal)
offenses based on violations of state statutes and city ordinances
relating to the operation of vehicles, specifically driving under the
influence of alcohol or other substances that impair the ability to
drive.
Galveston:
- Bob Moore:
Nobody should drive any vehicle if they have had any alcohol to drink.
The new standard for blood-alcohol content to establish a "prima facie
case of intoxication" is .08. This level is reached by normal people
who have had "two beers" or "two drinks" which contain one ounce of
alcohol. The refusal to give a "breathalyzer test" when stopped will
automatically result in the loss of your Driver's License for sixty
(60) days, unless a good defense can be established at an
Administrative Hearing. If the calibration of the machine is off, or
if, in the Officer's opinion, the other actions of the Defendant are
evidence of intoxication, convictions can result even without the use
of a "breathalyzer test." It has been computed that a first-time
offense for Driving While Intoxicated will ultimately result in a cost
of approximately $15,000.00 to the individual, over the course of the
next five (5) years following that arrest. This is an astronomical
price to pay for taking any such risk.
- Tad Nelson:
You are not required to speak with the police. Remember who you are
dealing with, and always be polite. It is always best to ask to speak
with your attorney before you answer any questions. However, if the
officer indicates he smells alcohol, a reply that you had one drink or
two beers might not be such a bad answer.
Glen Rose
- Terry
Russell:
It is not illegal to consume alcoholic beverages and drive in Texas,
but be mindful that it is illegal to drink alcoholic beverages while
driving. As most are well aware, DWI is a crime, and is vigorously
enforced in Texas, so the question remains as to what point does it
become illegal to drive after having consumed alcoholic beverages.
Georgetown
- Robert Phillips:
It is important to contact an attorney immediately after being arrested
in order to preserve your rights as a defendant. In DWI cases, for
example, you have 15 days from the date of arrest to request a hearing
to review whether your driveršs license will be suspended. If you, or
your lawyer, do not make this request by the 15th day, your license
will automatically be suspended on the 40th day after arrest.
- Grimes &
Copenhaver:
In today's legal environment, matching your needs with the correct
firm is crucial to the successful outcome of your legal matters.
Like so many other areas, in law, the pace of change can be
overwhelming.
Gonzales
- Reese &
Williamson:
In 2004, the U.S. Supreme Court held in U.S. v. Dominguez Benitez
that a defendant seeking to obtain relief for an unpreserved Rule
11 failing must show a reasonable probability that he would not
have pleaded guilty if he had been appropriately warned.
In the Dominguez Benitez case, the defendant agreed to plead guilty on
a conspiracy count, according to a plea agreement that provided the
prosecutor would dismiss another charge for drug possession and
recommend that the sentencing court authorize a reduced minimum
sentence. Although the written plea agreement said that the defendant
could not withdraw his plea if the court did not accept the
prosecutor's recommendations, the district court failed to warn the
defendant as such in the plea colloquy, as Rule 11 instructs.
Subsequently, the district court determined the defendant ineligible
for a reduced sentence and sentenced him instead to the mandatory
minimum sentence for the conspiracy count.
Grand Prarie
- Steven Bush:
Driving while intoxicated (DWI) or driving under the influence (DUI) is
not simply a traffic violation. Depending on the number of prior
arrests and how carefully the prosecuting authorities check your record
it can be either a misdemeanor or felony, with all of the same
consequences of any misdemeanor or felony, plus some that are unique to
this type of offense. Prosecutors in Dallas and Tarrant counties
prosecute DWI/DUI vigorously. There is no deferred adjudication.
Generally there is no reduction of charge as that is usually understood
(the prosecutor may agree not to file enhancement counts to increase
punishment when they are available.)
Hallettsville
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(.08 & above)