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Neal Calfas-San Antonio

If You Don't Get The Right Lawyer Now, You'll Hate Yourself Later

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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San Antonio DWI Lawyers

• George Sharmen:

  What about the breath test?

  DON’T TAKE THEM.

  There are two kinds of breath tests: the road-side, hand-held test and the Intoxilyzer 5000 machine down at the station.

  The road-side test is inaccurate and not admissible in court, but the officer uses it to arrest you. He may even coax you to take it stating that it’s not admissible in court, but he will hold the results up to his video camera in the car for everyone to see. Some officers or troopers try to intimidate you into taking the test by insisting that you have no choice. Be polite, and stand your ground.

  The Intoxilyzer machine is kept at the station. The results of this test are admissible in court. It is a very sensitive machine. If you have had anything to drink you will probably fail it. The legal limit of .08 is very low for most adults. Additionally, your body varies wildly in alcohol concentration in the lungs over time based upon weight, the time of drinking, eating, the type of alcoholic beverage, the time of the last drink, the patter of drinking and many other factors. “Spiking” of alcohol concentration may occur for a few minutes and place you over the limit even when overall you are not at the limit.

  REMEMBER:

  Even though you are on trial for driving while intoxicated, a jury will convict you for TESTING while intoxicated.

  What must I do on the side of the road?

  If you have been drinking, DO NOT take ANY breath tests, either downtown or the hand-held test on the side of the road. These tests are highly sensitive. The hand-held test has not been found to be reliable enough to use in court, but the officer will use it to arrest you. Depending upon your weight, how much you drank, what you drank, when you drank and what you ate, the results of the breath test at the station vary widely. Your alcohol concentration can “spike” at a particular time for a period of just a few minutes and put you over the legal limit, even though overall you are below the limit. Too many things can go wrong with this test if you have been drinking. Don’t take it if you have been drinking.

  Do not take any field sobriety tests, including the “eye test.” Be respectful and polite to the policeman, but do not allow him to force you to take any tests. Most arrests occur late at night or early in the morning. If you have the odor of alcohol on your breath, the officer will not allow you to drive away. You are stopped and you are busted! Cooperation with his tests will not help you even if he says that you can help yourself by taking his tests. Even if you pass his tests, and people rarely do, he will arrest you and take you to jail for a breath test just to “be sure” that you are not drunk.

  Do not make ANY statements to the policeman about drinking BEFORE you have been arrested. These statements are automatically admissible in court. You do not have to lie. Simple remain silent. Your silence cannot be used against you.

  What must I do at the station ?

  -DO NOT TAKE ANY BREATH TESTS

  -ASK FOR A LAWYER IN THE VIDEO ROOM IMMEDIATELY AND REFUSE TO MAKE ANY STATEMENTS

  -STAND IN ONE PLACE AND POLITELY REFUSE TO MOVE AROUND

  -KEEP ASKING FOR A LAWYER, AND WHEN THE OFFICER TRIES TO GET YOU TO WALK AROUND, DON’T. IF HE SAYS THAT THERE IS A PHONE ON THE WALL TO CALL THE LAWYER, SAY ONLY “I WILL CALL HIM LATER.”

  -DO NOT WAIVE YOUR RIGHTS

  -DO NOT ANSWER ANY QUESTIONS

  -BE POLITE – KEEP YOUR MOUTH SHUT

  EVERYTHING that you say or do on the video is going to be used against you. Make sure that you behave in a polite and sensible manner. Remember that you are on video, they can’t do anything to hurt you. The officers are generally very professional, and they would not do anything to hurt you.

  What about my drivers license?

   The officer is going to confiscate your license. However, he cannot suspend it. If you request an administrative hearing within 15 days you license will not be suspended for several months, if at all. Even if your license is later suspended by a judge, you can obtain an occupation license. This license allows you to drive six days out of the week and during any 12 hours out of the 24 hours of those days. The schedule is mostly up to you.

  
  KNOW YOUR RIGHTS!

  1. You have a right to remain silent. That is, you do not have to answer any questions which a police officer asks you during a DWI encounter. Remember: everything you say (even things which you may think are helpful to you) will be used against you.
     
     
  2. You are not required to perform field sobriety tasks. If you believe that you may be intoxicated, a polite refusal to perform these tasks will benefit you greatly in the inevitable proceedings which will follow. Politely refuse and look down or away when the officer attempts to perform the "pen test" on your eyes. Remember: if it is after dark and you have the odor of an alcoholic beverage on your breath, the officer is going to arrest you whether or not you think you have passed the tests.
     
     
  3. You have a right to refuse a breath or blood test. You are not required to blow into the hand-held machine at the scene of the traffic stop. There is no penalty for this refusal. The results of this machine are not admissible in court. If you are asked to perform a breath test after you are arrested and while you are at the police station, you are not required to submit to this test. There is currently no criminal sanction for this refusal. However, there is a potential drivers license suspension sanction for a refusal.
     
     
  4. You have a right to a hearing before your license is suspended. Whether you fail a breath test or you refuse a breath test, the Department of Public Safety will attempt to suspend your drivers license. However, they are not always successful. You or your lawyer MUST request that hearing WITHIN 15 DAYS OF YOUR ARREST DATE or the hearing is WAIVED AND YOUR LICENSE WILL BE AUTOMATICALLY SUSPENDED.
     
     
  5. You have a right to a lawyer and a jury trial. Most people believe that they have hopeless cases, that a defense is too expensive, that most people lose their cases, and that a guilty plea is their best and cheapest option. All of these concerns are inaccurate assumptions, or just plain wrong! You are not in a position to judge your case, you need a lawyer.
     • Many lawyers now take credit cards or other means of payment.
     • Modern jurors are aware of the problems associated with police officers in traffic stops, and they find people not guilty in DWI cases every day.
     • There is very rarely a "hopeless" case. This is an evaluation which only can be made with the advice of counsel.
     • Probation means a criminal conviction which remains on your record for the rest of your life. You must pay a fine, pay court costs, do dozens of hours of community service, take psychological evaluations, report monthly to a probation officer who has the power to put you in jail for failures of your probation conditions, take urine tests, refrain from the use of alcohol and going to places where alcohol is served, and in some counties in Texas the judges will require you to serve a jail sentence as a condition of probation.
     • If it is your second DWI, the jury is ordinarily not allowed to know of your prior conviction. Since a prior offense is a punishment issue, going to the court for punishment effectively prevents the jury from knowing about your prior case when they determine your guilt or innocence.

  There are many other reasons why a guilty plea may not be the first and best option for a first or second DWI offender.

• Jorge G. Aristotelidis: When a defendant is convicted of a criminal offense, the defendant is usually required to pay fines and costs as part of his or her sentence. If the defendant has only been ordered to pay fines and costs, the defendant will be discharged from a judgment requiring fines and costs upon full payment of the fines and costs to the proper authorities.
• Orr & Tiller: Although the civil side is often given less prominence than the criminal side, the penalties are equally severe. For first-time offenders, that fail the breath test the administrative license revocation is ninety days. For first-time offenders who refuse the breath test, the administrative license revocation is one hundred and eighty days. The suspension is automatic, unless the defendant requests an administrative license revocation (ALR) hearing within fifteen days of arrest.
• Carroll & Hinojosa: It is legal in all 50 United States to drive a car after drinking alcoholic beverages if you are over the age of 21 years. Despite this fact, drunk driving is one of the most politically controversial crimes, subject to constant lobbying by powerful groups such as Mothers Against driving while intoxicated (MADD). As a result, drunk driving is one of the most aggressively enforced crimes on the Texas books. What is drunk driving, driving under the influence (DUI) or driving while intoxicated (DWI)? Contrary to the term driving while intoxicated, one does not actually have to be drunk to be arrested and convicted of drunk driving. Texas law states that a driver only has to have lost the normal use of his mental or physical faculties by the introduction of alcohol, drugs, or a combination of both to be guilty of driving while intoxicated. This terminology creates a very ambiguous standard of measure that is subject to the subjective opinions of various jurors, judges and police officers. In Texas, as it is in most other states in this country, a driver is presumed to be intoxicated by alcohol if he has a .08 percent blood alcohol content (BAC). While DWI is not the most serious crimes prosecuted in Texas, it is one of the most aggressively prosecuted offenses and carries mandatory minimum punishments for convictions or pleas. It is important you understand all the various penalties and ramifications imposed against you in disposing of your DWI case. Despite the grim picture painted above, with proper representation, your likelihood of avoiding conviction for a DWI charge is quite good. Juries currently acquit DWI defendants in slightly over 50 percent of cases presented to juries. The most important step you can take to avoid a conviction in your DWI case is to consult with a qualified criminal defense lawyer immediately. As with any criminal case, early intervention helps to preserve evidence that may be favorable on your behalf and can lessen some of the prosecutoršs efforts to secure evidence to convict you .
• Alan Warrick: An appellate court has authority to render several types of decision with regard to an appeal. The appellate court may affirm a judgment of a trial court, may reverse the decision of the trial court, or it may reform the decision of the trial court. The appellate court may also dismiss an appeal, may abate an appeal, or it may grant or deny a rehearing of its decision.
• Laura Heard:

  There are many tools available to an experienced attorney, for example:

  • Demonstrating the charges are false
  • Plea bargaining the charges to a lesser level
  • Requesting deferred adjudication
  • Requesting a non-disclosure order (sealed records)
  • Requesting expungement of your record
  Sam Lock:

  Texas law treats those accused of Driving While Intoxicated harshly. A first time DWI offender faces a possible license suspension by the Texas Department of Public Safety, a maximum fine of $2,000 and up to 180 days in jail. Those individuals with prior convictions for D.W.I. face even stiffer penalties. Even bonding subsequent offenders out of jail before the initial court date becomes a dicey proposition in some cases. A third D.W.I. offense may be charged as a third degree felony, carrying a penalty of up to ten years in prison and a $10,000 fine.

  Know Your Rights

  1. Right to Remain Silent - You have a right to remain silent. You do not have to answer any questions that a police officer asks you during a DWI encounter. You are being videotaped. Everything you say and do could potentially be seen by a jury deciding your fate.
  
  
  
  2. Breath and Blood Tests - You have a right to refuse blood and breath tests offered to you by law enforcement. You are not required to blow into the hand-held device that some officers now carry. This hand-held device has not met the criteria required to be admissible in court. There is no criminal penalty for refusing a blood or breath test. There is a potential driver's license suspension for refusal to provide a "breath specimen." If you elect to refuse, do so politely. Remember, you are being filmed.
  
  
  
  3. Possible Suspension of Driver's License - These days, an arresting officer is legally authorized to literally take your license away from you at the station because he suspects you are Driving While Intoxicated. He is required to issue you a Temporary Driving Permit. In the slew of papers you receive upon release from jail, there is a form that attempts to explain that you have a right to a hearing regarding the suspension of your driver's license. YOU OR YOUR LAWYER MUST REQUEST THIS HEARING WITHIN 15 DAYS OF YOUR ARREST DATE or the hearing is waived and your license will be suspended automatically. This hearing can be invaluable in the litigation of your case.
  
  
  
  4. The Right to a Jury Trial - You have a right to a lawyer, a jury trial and a presumption of innocence. You are innocent UNLESS proven guilty. For many individuals accused of D.W.I., this experience is the first with the legal system. There is no guarantee of probation after a jury trial, but most misdemeanor D.W.I. cases result in probation, even after jury trial. You and your lawyer should approach your case as one that needs to be tried. Each case must be assessed individually, of course. But, the D.W.I. defendant is uniquely situated in the world of criminal law. D.W.I. is an opinion crime and many times a jury of one's peers is required to sort out fact and fiction.

  Marina Douenot: Every state makes it a crime for a driver to operate a vehicle (car, motorcycle or commercial vehicle) while under the influence of alcohol or drugs. Commonly called driving under the influence (DUI), this offense may also be called driving while intoxicated (DWI), operating under the influence (OUI) or operating a motor vehicle intoxicated (OMVI).

  Tylden Shaefer: Driving while intoxicated is a very serious offense that can greatly affect your life and your livelihood. Due to tragic alcohol-related accidents and fatalities, the DWI laws continue is get tougher and tougher every year. The stigma of having such an offense on your record can follow you throughout your life. If you are charged with a DWI, you will need an experienced and dedicated attorney at your side. First, a conviction for DWI is a final conviction. This is true whether it is your first offense or your third offense. The conviction will always be on your record. You cannot erase or expunge it from your record once you are found guilty. Second, beyond paying a fine and most likely serving time on probation, you will face mandatory classes and victim rights panels, community service and, in some cases, possible jail time as a condition of your probation. Third, Texas law now allows DPS to place a surcharge starting at a $1000 a year for three years on your drivers license. And fourth, a DWI conviction can cause job lose in some cases. Each case is different and each case requires careful attention to the clients needs and rights. You are urged to take great care in choosing an attorney who understands all of these things. Most people with a first DWI offense will not serve any jail time. However, a second offense carries jail time as a condition of any probation. Moreover, a third or subsequent DWI offense is a felony offense with a range of punishment between 2 to 10 years in the state penitentiary. Finally, if someone is seriously injured as a result of a DWI, the range of punishment is to 2 to 10 years in prison. If someone dies, the range of punishment increases to 2 to 20 years. This is true even if either of these last two cases is your first offense.

  Mario Gamez: The Fourth Amendment's exclusionary rule allows courts to prohibit the government from using, in jury trials, evidence recovered from illegal searches or seizures. The exclusionary rule is not automatically applied in every Fourth Amendment violation. Rather, the Supreme Court has stated that the rule should only take effect where "the remedial objectives of the rule are thought most efficaciously served." More specifically, the rule is usually applicable when its application results in a "deterrent effect" against unlawful searches and seizures.

  Ross Rodriguez: A DWI charge can result from being stopped by police and registering .08 or more on a Brethalyzer, or refusing to submit to the breath test.In either instance, your drivers license will be suspended, and you can be criminally charged with DWI. If you are charged with DWI, working with an experienced DWI defense lawyer is your best chance for a favorable resolution of your case.In some cases, there are legal grounds upon which to challenge the stop of your vehicle and/or the administration of the sobriety test. In some cases the accuracy of the test results is subject to challenge.

  William Davidson: The criminal penalties for a DUI conviction are discretionary, but may include fines, jail time, probation and community service. The severity of the penalty depends on many aggravating factors, such as: The driver's history of DUI violations Whether there was a child in the vehicle Whether the DUI violation involved a car accident that resulted in property damage or injury/death to another person DUI arrest or conviction also affects driving privileges, including suspension of one's driver's license (usually by DMV), confiscation or impoundment of the driver's car, administrative costs and mandatory alcohol education and treatment programs. Many states require offending drivers to pay a reissue fee to get a suspended license back. In addition, some states require drivers convicted of DUI to install an "ignition interlock" device on their vehicles, which measures the driver's BAC (based on breath) and prevents operation of the car if more than a minimum amount of alcohol is detected.

  Shawn Brown: Being charged with DWI can have serious consequences for your future and your familys future. Texas Law carries mandatory fines and jail time that can extend to 10 years in prison. At the minimum, you are looking at 72 hours to 6 months in jail, as well as a fine up to $2000and having your drivers license revoked for first time offenders. Whether its your first arrest or not, being convicted of DWI will affect your ability to support yourself and your family. You will have a criminal record that may affect your employment from now on. If you are in jail and not supporting your family, you may lose your home and your possessions. Dont let this serious situation be handled by just anyone. You need caring and aggressive representation to ensure that your rights are protected.

  Roland Esparza: If I'm arrested, do the police have to "read me my rights?" No. However, if they don't read you your rights, they can't use anything you say as evidence against you at trial. What are these rights? Popularly known as the Miranda warning (ordered by the U.S. Supreme Court in Miranda v. Arizona), your rights consist of the familiar litany invoked by T.V. police immediately upon arresting a suspect: You have the right to remain silent. If you do say anything, what you say can be used against you in a court of law. You have the right to consult with a lawyer and have that lawyer present during any questioning. If you cannot afford a lawyer, one will be appointed for you if you so desire. If you choose to talk to the police officer, you have the right to stop the interview at any time. (This part of the warning is usually omitted from the screenplay.) It doesn't matter whether an interrogation occurs in a jail or at the scene of a crime, on a busy downtown street or in the middle of an open field: If you are in custody (deprived of your freedom of action in any significant way), the police must give a Miranda warning if they want to question you and use your answers as evidence at trial. If you are not in police custody, however, no Miranda warning is required. This exception most often comes up when the police stop someone on the street to question them about a recent crime and the person blurts out a confession before the police have an opportunity to deliver the warning.

  Paul Goeke: DRIVING WHILE INTOXICATED (DWI) - Also known as driving under the influence of alcohol (DUI), this is becoming a more common problem in our society and an increasing number of people are being affected by it. As a consequence, the authorities are cracking down and imposing stiffer penalties on offenders. Although most people are already aware of the seriousness of allegations such as murder, many are still unaware of the seriousness with which the offense of DWI is now being treated by the courts. While the first two convictions are technically considered misdemeanor-grade offenses, the reality is that even the first DWI conviction can cost you more in licensing fees, insurance premiums, and lost employment.

  Ernesto Acevedo: 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.

  Nicholas & Barrera: While there are legal consequences in the refusal to take the test, (loss of drivers license) the breath test only measures your alcohol level at the time of the TEST, not at the time of DRIVING. Since no one can accurately predict the alcohol concentration at the time of driving the test only serves to confuse the jury.

  Bill Baskette: Probationers commonly believe that being granted probation (community supervision or deferred adjudication) means that they are home free. Because they did not go to jail for the offense charged, they leave the courthouse and go on about their business as if there was no penalty. What the Probationers often times fail to appreciate is that when they leave the courtroom, they are still subject to jail at any time for violations. One way to look at it is that Probationers are under a form of house arrest, and any violation will return them to jail to serve out their sentence. They are still under the jurisdiction of the Court and the supervision of the Probation Officer (PO). There are rules, and these rules are very unnatural rules for people used to going wherever they please and doing whatever they want to do. Many trust the PO to tell them when they do wrong and warn them of violations. However, the Probationer has to be his or her own probation officer, make sure that they themselves do not break any rules, and keep careful records to show compliance.

  Barrett McKinney: Driving While Intoxicated can be either a misdemeanor or felony, dependent on the number of prior convictions for DWI and if there was a passenger under the age of 15 in the vehicle. If you have been charged with DWI it is imperative that you obtain the services of an attorney as quickly as possible. There are important deadlines dealing with your driving privliges which may ultimately affect the ability of an attorney to try your case.

  >Sam Lock: Texas law treats those accused of Driving While Intoxicated harshly. A first time DWI offender faces a possible license suspension by the Texas Department of Public Safety, a maximum fine of $2,000 and up to 180 days in jail. Those individuals with prior convictions for D.W.I. face even stiffer penalties. Even bonding subsequent offenders out of jail before the initial court date becomes a dicey proposition in some cases. A third D.W.I. offense may be charged as a third degree felony, carrying a penalty of up to ten years in prison and a $10,000 fine.

  Anthony Cantrell: If you are charged with D.W.I./B.W.I., you only have 15 days from the day you receive a Notice of Suspension of your driver's license to notify the Department of Public Safety of your request for a hearing. If you have received such a notice and do not timely notify the Department of Public Safety, YOUR LICENSE WILL BE SUSPENDED . WE RECOMMEND THAT OUR CLIENTS REQUEST A HEARING.

  Kevin Collins: There also exist numerous collateral consequences that flow from any criminal conviction. These can include loss of drivers' license privileges, the right to vote, immigration status, the right to bear arms, professional licenses, employment, school suspension, and lifetime registration as a sex offender. These are only some of the many issues that can arise, and are apart from standard conviction consequences such as community service, jail time, restitution and fines. It is important that all of these matters be carefully considered to determine how they will affect your life when evaluating your options in a criminal matter.

  Edward Garrison: Texas law deems that all persons who drive with Texas licenses have already conditionally agreed, after their arrest, to take a breath and/or blood test upon being properly requested to do so by a police officer. This deemed consent arises only where the person has driven in a public place. Examples of public places are public roads, highways, beaches, parking garages and other places where the public or a substantial part of the public may gain access. However, there is no such deemed consent, or as it is sometimes called "implied consent" for a urine test.

  James Carter: As a result of special interest lobby groups, the Texas state legislature has tightened DWI laws more than ever before. On September 1, 1999, new laws went into effect that lowered the maximum allowable blood alcohol content to 0.08. Depending upon how much food you have eaten and how much you weigh, this means that you can be considered too drunk to drive after just one drink!

  Rush & Gransee: After an arrest for DWI you have 15 days in which you, or your attorney, need to request a hearing with DPS. If this is not done, your drivers license will be suspended 40 days after your arrest. An added benefit of requesting a hearing from DPS is that we will be able to obtain copies of the police reports and breath test results if applicable.

  George Scharmen: State laws prohibiting drinking and driving have become increasingly complex in the last five years. In our state, the legal limit for blood or breath alcohol while operating a vehicle is .08. A first offender faces suspension of driver’s license and monetary penalties of up to $3000.00 or more, and in some cases mandatory jail.