San Marcos, Sea Brook, Sherman, Snyder, South Padre Island, Spring, Stafford, Stephensville, Sugar Land, Sulphur Springs, Temple, Texarkana DWI Lawyers
San Marcos
- Lance Turnbow:
A first-time DWI offender faces a license suspension
for 6 months, a maximum fine up to $2,000 and up to 180 days in
jail. Anyone charged with a second DWI faces even tougher
penalties, and a third DWI conviction in Texas is treated as a third
degree felony, carrying a penalty of up to 10 years in prison and a
$10,000 fine. The State of Texas is doing
everything in its power to convict defendants of Driving While
Intoxicated. You need someone fighting just as hard for
you. DWI in Texas is an opinion crime. This means that
if a police officer believes the defendant has lost the use of his or
her normal physical or mental capacities," an arrest will be
made. A blood or breath test result is not required for a DWI
conviction in Texas. To convict a person of DWI in Texas the
prosecution must prove to the jury beyond a reasonable doubt that
either: 1) The driver had a blood alcohol
concentration (BAC) of .08 or higher while driving, OR 2) The driver had
lost the use of any of his normal physical or mental faculties as a
result of the consumption of alcohol. Either of
these scenarios is enough for a conviction in Texas. Do not
assume you should simply plead guilty.
FIGHT BACK!
DWI VIDEO
Most
local police cars and almost all DPS or Trooper vehicles are now
equipped with video cameras. Officers turn these cameras on when
they begin pursuing a DWI suspect and they do not turn them off until
you arrive at the police station. Once at the police station,
some agencies will continue to monitor you with a camera in the
Intoxilyzer Room, which is a room where breath tests are given to DWI
suspects. YOU ARE BEING FILMED THE ENTIRE TIME! Every
physical action and every word you say will most likely be played for
the jury at trial. At trial, the prosecution will attempt to use every
minor detail in the video to prove you were intoxicated. Do
not give the state extra ammunition! You do not have to perform
any field sobriety tests, you do not have to give a breath or blood
sample and you do not have to answer any questions.
ADMINISTRATIVE LICENSE
REVOCATION
Unfortunately, an arresting officer is legally
authorized to take your license away from you at the station because he
suspects you are Driving While Intoxicated. He will then issue
you a Temporary Driving Permit. When you are released from jail,
one of the numerous papers you will receive will explain that you have
a right to a hearing regarding the suspension of your license.
YOU OR YOUR ATTORNEY MUST REQUEST THIS HEARING WITHIN 15 DAYS OF THE
ARREST. If it is not requested in the 15-day period, it is waived
and your license is suspended automatically. These Administrative
License Revocation (ALR) hearings are a good opportunity for your
attorney to examine the officer and find out what his testimony will be
if the case goes to trial.
- Colin Wise:
There are two parts to a DUI, the possible suspension of your license at a DMV hearing and the criminal charges that can result in jail, probation, alcohol classes, fines, and further license suspension.
DMV Hearings - If there is a evidence that you were driving an automobile and you had a blood alcohol level at or above .10, then you driving privileges will be suspended. You can request a hearing on the matter to challenge the evidence. These hearings can be won. The most important things to know are to request the hearing within 7 days of receiving the notice of suspension and that you should not request the presence of the officer. On a breath test case, the officer will serve the notice on you immediately. You can request a hearing immediately by filling out the form and returning it to the officer, but you do not have to. On a blood or urine case, you will get the notice in the mail at the address that DMV has for you. It is not a defense that you did not get notice because you moved and never corrected your address.
Some officers will suggest that you request they be present and that they will not show up and that you will win. In my experience, this is a lie. They will show up. They do this so that your hearing is set at the same time and place as several other hearings that he has to attend, thereby making it easier for him to be at all the hearings.
Criminal Case - If you are arrested, then you will have to appear in front a judge soon thereafter. If you do not, a warrant will be issued and you may go to jail. Additional charges can be filed if you fail to appear at a court date. The types of plea offers will vary with each case and jurisdiction. Generally, there is nothing that you need to do before your first appearance other than hire a lawyer.
Sea Brook
- Michael O'Donnell:
Police officers conduct "field sobriety" tests on drivers when they make vehicle stops and suspect that a driver may be intoxicated. Designed to help officers determine whether a driver is intoxicated based on the officer's assessment of the driver's physical or cognitive ability, these on-site tests typically include the following physical agility exercises:
Horizontal Gaze Nystagmus (HGN) driver must follow officer's penlight with his eyes
Walk and Turn requires driver to walk a certain distance and turn around heel-to-toe
Standing on One Leg requires driver to raise one leg while counting aloud
Finger to Nose driver must bring the index finger to the nose with eyes closed
Rhomberg Balance Test driver must stand still with his head tilted back
Sherman
- Talmadge Nix:
Being charged with a crime can be one of the most frightening, embarrassing, and confusing situations that a person can face in one's entire life. Decisions you make from the beginning can have dramatic effects on your ability to defend yourself. It is best to seek experienced and knowledgeable legal counsel as soon as possible.
Snyder
- Michael Brown:
One of the worse things that can happen to parents or grandparents is to get news that a child or grandchild has been arrested for a serious crime. You have to be thinking that a young adult whom you care for very much may have to put aside any potential career plans and spend long years in a prison. You know this could ruin this young person's life.
Being considerably older and more experienced than the person arrested, you probably realize that your child or grandchild desparately needs the very best defense lawyer available. You realize that a superb effort by a bright, intelligent, experienced lawyer can make a huge difference in the life of the young person arrested.
South Padre Island:
- Mike McNamara:
If you are stopped for any traffic violation and you have had a few beers (no
one ever has more) you will be asked to give a roadside demonstration of your
gymnastic prowess. You will be asked to stand on one leg, close your eyes and
tilt your head back while touching your nose with alternating forefingers. A
further mandory requirement is the old reliable walking a str aight line test.
You do these for the delight and amusement of the arresting officer and I
promise you YOU WILL FAIL.
Spring
- Gerald Bourque:
Simply hiring a lawyer does not promise competent, effective, reliable and aggressive representation.
Stafford
Larry McDougal:
In Texas the charge of DWI, Driving While Intoxicated, has become essentially
two separate and distinct issues, that are both criminal and civil in nature.
Upon your being charged with DWI, the Texas Department of Public Safety will
begin proceedings to revoke your drivers license as provided by law. This is in
addition to the criminal charge. You have a very limited window (fifteen days)
of opportunity to challenge these administrative revocation proceedings.
The criminal proceeding is the other prong of the issues arising from your
arrest.
Stephensville
Sugar Land
- Broussard, McLaughlin & Segura:
An arrest for Driving While Intoxicated (DWI/DUI) does not mean
that you are a criminal, a drunk or a bad person. More people are
falsely accused and convicted of DWI than any other crime. A
single police officers subjective opinion that you may be
intoxicated is all it takes for you to find yourself handcuffed in
the back of a police car. DWI carries severe consequences and
requires that you take immediate action to protect your rights.
In fact, if you failed or refused to take a breath or blood test,
the State has already begun the process to take away your drivers
license. You should retain a qualified DWI attorney as soon as
possible.
Sulphur Springs
- Eddie Northcutt:
Generally, people have even greater expectations of privacy in their homes under the Fourth Amendment than they might have in other property, such as automobiles. Accordingly, police cannot normally search someone's home without a warrant, absent exigent circumstances.
The "hot pursuit" exception allows police officers to follow a fleeing felon into a house without a warrant. In 1967, the Court held in Warden v. Hayden that police officers in hot pursuit of a fleeing felon may make a warrantless search and seizure to prevent the suspect from resisting or escaping. In that case, police were informed that the suspect had committed an armed robbery and had subsequently entered a house. The Court held that police officers were justified in entering the home and performing a search without a warrant, limiting the scope of the search to the suspect or his weapons.
Temple
- Young & Libersky:
Have you been arrested? Discuss your case with an experienced Criminal Defense Attorney prior to making decision that may affect your future.
Terrell
- John Harris:
A blood alcohol level of .08 is enough for the state to press charges of Driving While Intoxicated (DWI). Texas state law allows 40 days to challenge a license suspension in a DWI case.
Texarkana - Chaufty & Pearson:
A conviction on DUI/OWI charges will result in fines, driver's license
suspension or revocation, and possibly land you in jail. In addition, your
insurance company may increase your rates to an unmanageable level. In
defending against an impaired driving charge, you have many rights as a
criminal defendant, including the right to cross-examine the witnesses against
you, even if they are police officers. An experienced attorney can make all the
difference in such a difficult case.
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