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Charles Kingsbury-Houston

Why Hundreds in Texas Are Unjustly Convicted of DUI

Even though you've been arrested for DWI, you don't have to let it ruin your life. You may not realize it yet, but if you are thinking about simply going to court and pleading guilty to your DWI charge you may be cheating yourself.

You see, a qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, obtain expert witnesses ­ all of which may help you to win your case at trial.

To find out what you need to know about your DWI arrest I've developed a website to give you a wealth of useful information . . . information which will show you how you may be able to save your license and your freedom . . . and possibly avoid fines, fees, and sharply increased car insurance costs of as much as $6,800.

For the most part, my easy-to-navigate site has information on it which you can't get anywhere else unless you are willing to do a great deal of legal research.

When you're on my site, you'll also learn how you can get a free, no-obligation consultation where I'll review your case and show you how I may be able to save your license and your freedom.

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Houston DWI Lawyers

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• Scardino, Courtney & Fazel: In general, the U.S. Constitution does not provide protection against nonconsensual taking of fingerprints, photographs, measurements, handwriting samples, voice recordings or other non-intrusive identification. However, in certain circumstances, there are statutory protections against strip and invasive body searches. Rules and procedures for such searches vary by state, but most jurisdictions require sufficient probable causethat the search will reveal evidence of a crime. In addition, states that have such rules generally provide definitions explaining the distinctions between strip searches and body cavity searches. Generally, the need for evidence must outweigh the danger and intrusiveness of the search. Moreover, most states allow invasive bodily intrusion searches under certain circumstances when conducted pursuant to a valid warrant or court order or, at times, incident to a lawful arrest. In some jurisdictions, refusal to submit to taking a sample can constitute a crime in itself; and sometimes, the officers have the right to take samples without permission for administrative purposes (i.e., jail strip-searches and body cavity searches). However, even strip and cavity searches conducted for administrative purposes are not routine and permitted only under certain circumstances.
• Seabaugh & Associates: You can be arrested for almost any traffic violation. Common police excuses for initial contact or arrest are public intoxication or disorderly conduct Police officers may lie to you in order to obtain information. Do not bargain with police or prosecutors without an attorney. The presumption of innocence only applies to the jury, not police or prosecutors. Police may seize property with less evidence than it takes to convict. The vast majority of cases plead out. Probation is hard and expensive! In fact, most people fail and finish their sentence in jail. Police do not have to tell you about your right to decline an officer?s request to search. Anytime you have contact with law enforcement you have the right to remain silent and to have an attorney You can be held in custody for up to 48 hours without being charged with a crime.
• Joseph Salhab: Many states do not permit a claim of self-defense where individuals were engaged in unlawful mutual combat or where the person claiming self defense provoked the use of unlawful deadly force by the other person. In addition, where an individual is the initial aggressor, there is generally no right to claim self-defense, unless the initial aggressor has first retreated.
• Carl Selesky: Criminal law - whether you are guilty or innocent - itıs serious and permanent. Felonies or misdemeanors, DWIıs, harassment, drugs, family violence, theft, fraud and other cases. Texas is the Lone Star State and they take their justice seriously. When you deal with State or Federal prosecutors, you need to have someone who is professional, courteous, has guts and fights. It wonıt go away and you have to deal with it.
• Grant Scheiner: Important 15-day Deadline: If you have been arrested in Texas for DWI or an intoxication offense, you generally have the right to request an administrative hearing to contest the suspension of your driverıs license. You or your lawyer definitely should request a hearing. In most cases, the deadline to request a hearing is the 15th day after your DWI arrest.
• Jed Silverman:

  Penalties for DUI / DWI

  Maximum Fine $10,000 and/or Imprisonment

  • First Offense: A first-offense conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 3 days to 180 days, and a driver's license suspension of 90 to 365 days. (Class B Misdemeanor).

  • Second Offense: The maximum fine increases to no more than $4,000.00 and/or jail from 30 days to one year, and a possible driver's license suspension ranging from 180 days to 2 years. (Class A Misdemeanor).

  • Third Offense: Here, you may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment, and suspension of your driver's license ranging from 180 days up to 2 years. (3rd Degree Felony).

  • DWI with an open alcohol container (first offense): In addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00. (Class B Misdemeanor).

  Penalties for Intoxication Assault or Intoxication Manslaughter

  • DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication: This crime is called intoxication assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000.00. (3rd Degree Felony).

  • DWI where a death has occurred as a proximate cause of the intoxication: Here, the crime is intoxication manslaughter. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies).

  In some of the above minor classifications you may be eligible for probation, but there is no guarantee that you will receive a probated jail sentence or fine. If you are convicted of intoxication assault and wish to receive probation, a minimum of 30 days in jail must be served as a condition of probation.

  Furthermore, to receive probation upon being convicted of 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 you committed the offense with a deadly weapon you may be ineligible to receive probation at all.

• Bashist Sharma: First, before a police officer stops your vehicle, he or she must have a reason or "probable cause". This could be any excuse, such as a malfunctioning light, an expired sticker, or a whole host of other reasons, real or imaginary. Once you are stopped, the officer can search your person and/or vehicle if he or she has reason to suspect that a crime has or will be committed. Usually, the officer will, if he or she suspects that you had consumed alcoholic beverages, conduct s variety of "field sobriety tests". This is where the police officer begins to establish the Stateıs burden of proving that you are guilty beyond a reasonable doubt in order to convict you for the offense of DWI or DUI.
• Stradley, Chernoff & Alford: It is our opinion after discussions with nationally recognized experts and horror stories from our clients that the Intoxilyzer machine used in Texas is not accurate enough to determine blood alcohol concentration.
• Schneider & McKinney: In order to be convicted of DWI in Texas, the State is required to prove that you operated a motor vehicle in a public place while intoxicated. A person is intoxicated if: (1) they have lost the normal use of their mental or physical faculties as the result of the introduction of alcohol, a drug, a dangerous drug, a controlled substance, or a combination of two or more substances; or (2) they have a breath, blood, or urine alcohol concentration of .08 or more. A first offense DWI is a class B misdemeanor punishable by up to 180 days in a county jail and a fine of up to $2,000. A second offense DWI is a class A misdemeanor punishable by up to one year in a county jail and a fine of up to $4,000. A third or subsequent offense DWI is a third degree felony punishable by from two to ten years in the State penitentiary and a fine of up to $10,000. Causing serious bodily injury as a result of driving while intoxicated (intoxication assault) is a third degree felony punishable by from two to ten years in the State penitentiary and a fine of up to $10,000. Causing death as a result of driving while intoxicated (intoxication manslaughter) is a second degree felony punishable by from two to twenty years in the State penitentiary and a fine of up to $10,000. There are various other potential enhancements depending on whether there was an open container and a person's criminal conviction record. Probation is available for most misdemeanor DWI offenses. In some instances jail time is mandatory as a condition of probation. Driver's license suspension can range from 90 days to two years.