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Mesquite, Mount Pleasant, Nacogdoches, New Braunfels, Odessa, Pearland DWI Lawyers

  • Mesquite
    • Paul Colton: A deferred prosecution is treatment for alcoholism instead of prosecution. In some cases it can also save your license. However, it is full of dangers and pitfalls.
  • Midland
    • Morales Law Office:
      • According to Texas law, a person is considered to be intoxicated with an alcohol concentration of .08 before January 1, 2000, and .08 after January 1, 2000, in his/her blood, breath, or urine, or if the person has lost any of his normal use of mental or physical faculties because of using any amount of drugs or alcoholic beverages.
      • Administrative License Revocation:
        A person arrested for DWI must request a hearing within 15 days from the date of their arrest to contest the suspension of their license.
        If suspension is successful first offenders will lose their license for 90 days for failing the test and 180 days for refusing the test.
        Repeat offenders may lose their license for up to 2 years.
        All offenders must pay $125.00 to have their license reinstated after the suspension period.
        ALR is a Civil remedy, seperate from any criminal charges a driver may face.
      • Driving While Intoxicated is a crime which effects all Texans. The information in this Web site is designed to make drivers more aware of the penalties and costs of Texas DWI laws and is only a summary of Texas DWI laws.
        Always consult with an attorney when seeking legal advise.
  • Mount Pleasant
    • Richard Townsend: "Custody" is a limitation on an individual's freedom of action by virtue of a lawful process or authority. With regard to criminal procedure, whether a person has officially been placed in police custody is determined on an objective test basis. The test generally measures whether a "reasonable person" would believe that officer in some way suggested that they were not free to leave and custody is therefore not limited to formal arrests. The determination of what does and does not constitute custody can be subtle.
       
      It is more likely that an individual is in custody where:
      • There is a traditional arrest and constraint (handcuffs, closed room, etc.)
      • Detention is long and involuntary
      • An individual is placed in hostile and unfamiliar surroundings
      It is less likely that an individual is in custody where:
      • There is a routine traffic stop
      • Detention is brief and voluntary (as in a brief field interview)
      • The police call an individual on the telephone (since the individual is free to hang up)
  • Nacogdoches
    • John Heath: DWI is a serious offense, and DWI arrests can result in significant penalties. You could lose your driver's license, even if your case is dismissed. If convicted, you face fines, court costs, insurance premium increases, loss of job opportunities, and jail. On top of that, Texas DPS will impose an extra fee of at least $3,000 to keep a Driver's License. Often the outcome of a DWI case depends on your prompt action. For example, you have only 15 days to request a contested hearing on the suspension of your driver's license after you recieve a notice of suspension.
    • Tim James: In Texas you have an absolute right to refuse to take a breath test or the Field Sobriety Tests. The three standard Field Sobriety "Tests" consist of the Officer looking into your eyes, having you follow a pen light or other stimulus and deciding whether or not your eyes "jerk" (a test only Officers can see); standing on one foot and counting; walking nine steps, heel to toe, turning around and walking back. All these tests are probably recorded on a video tape and if the terrain is uneven or if you are uncoordinated or overly nervous, your chances of passing these tests may be pretty low. The Officer gives you no points for doing any part of the test correctly but only scores negative points when he decides that you have not performed them properly. If you refuse to perform the tests, the officer may decide to arrest you. If you take them and the officer decides you didn't meet his standards, he will arrest you anyway. It is up to you to decide whether you should "take" the Officer's tests but, if he felt you were not intoxicated he would probably not ask you to take the tests.
  • New Braunfels
    • Glen Peterson: Immediately after your arrest for suspicion of DWI, and while still at the jail, the police handed you form DIC-25 titled "NOTICE OF SUSPENSION". The first sentence of this form states, "Your license, permit, or privilege to operate a motor vehicle will be suspended or denied, effective 40 days after the date you receive this notice." If you do not request a hearing to contest the suspension, (most cases do not have grounds to do so) you must surrender your license to DPS within 40 days after your receipt of the Notice of Suspension at the jail ³or face further charges." Your driver license is suspended beginning the 40th day after arrest, regardless of whether you failed the breathalyser or refused the test.
  • Odessa
    • Laura Carpenter: Nobody likes getting busted, especially for DWI. Texas is one of the toughest states for DWI, so make sure you've got an attorney who knows the right procedures to represent you.
    • Dusty Gallivan: Whether you are going to plead guilty or have a trial, you need the legal advice of an criminal law attorney in order to fully understand the consequences of your decision.
  • Pearland:
    • Gerald Yoakum: The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave.
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