When should I hire a criminal defense attorney for my DWI case?
Immediately. Texas law requires that a request for a hearing to keep your license must be made within 15 days from the date of your DWI arrest. If you fail to hire an attorney, and a hearing is not requested, you waive the opportunity to fight the license suspension. In short, the sooner you act the better chance I will have in providing the best criminal DWI defense you need.
If I am pulled over and I am asked by an officer, “Have you been drinking?” What should I say?
The only correct answer is, “I would like to speak to my attorney.” No matter what knowledgable attorney you hire this is the only correct answer. If you say, “No” and the officer smells alcohol on your breath you have proven yourself to be a liar and your lie will be used against you. If you say, “Yes” you have given the officer one more clue and have already started making damaging admissions. Don’t worry if the officer doesn’t “like” you. They arrest nice people all the time. If you make it obvious that you aren’t going to incriminate yourself they are likely to move on to a nicer (and easier) target.
How do I avoid being arrested for DWI?
Do not give a breath sample. The officer will most likely tell you that you will be arrested if you don't take the breathalyzer, and that your license will be suspended. What they don't tell you is that if you blow over .08 (the legal limit) you will be arrested and your license will be suspended anyway.
Do I automatically lose my license when I get arrested for DWI?
No. Only if you fail to request an Administrative License Revocation hearing in the first two weeks after your arrest. If you have been arrested for DWI act quickly and contact a qualified DWI attorney before your time runs out!
If you request a hearing, you may keep your license while you wait for the hearing. If you don’t request a hearing your license will be suspended.
How do I keep my license from being automatically suspended?
In order to keep your license from being automatically suspended, we will request an Administrative License Revocation (ALR) hearing to contest DPS's contention that there was probable cause for your arrest.
Is there any benefit in requesting an Administrative License Revocation (ALR) Hearing?
Absolutely. We have been able to keep a large number of our clients in Texas from ever having their license suspended. Also, it is the first and probably only opportunity that we will have to speak to the officer and get “his story” before the prosecutors have a chance to coach the officer.
Does the ALR hearing effect my criminal court case for DWI?
In short, No. DPS will try to suspend your license independent of anything that is happening with your case in court.
If my license is suspended for a DWI, can I get a license to drive to work?
In almost every case, yes. Depending on your criminal and driving record, we can almost always get you an Occupational Driver’s License that will allow you to drive to and from work. It will also allow you to drive between locations, if your job requires you to travel as part of your duties.
What are the major areas of concern
in a DWI case?
1. Whether the stop was constitutional,
2. Whether the administration of roadside tests was constitutional,
3. Whether there was Probable Cause for the arrest,
4. How Miranda will play a role in the case with statements and other evidence,
5. How the roadside tests were administered,
6. The administration of any Breath or Blood Samples given,
7. The constitutionality of the search and seizure.
What part of your practice is devoted to defending Texas DWI cases?
Nearly every one of my cases is a DWI case. Texas DWI laws and techniques in defending DWI are constantly changing. What worked yesterday may not be the best approach today. It is important to find a lawyer who stays on top of the current Texas DWI laws, trends, and what occurs in Courts everyday. Also, I concentrate my Continuing Legal Education on DWI specific seminars, rather than general criminal law issues.
Are you knowledgeable of the proper administration of Standardized Field Sobriety Tests?
Yes. This allows me to better evaluate how you did on the tests, and more importantly, evaluate how the police officer administered them. This is important because most DWI prosecutions involve results of "field sobriety tests," some of which have been the subject of scientific studies conducted by the NHTSA.
Are you familiar with the breath test machine, the Intoxilyzer 5000, used in the State Texas?
Yes. A failed breath test in no way means you are guilty, as any experienced Texas DWI defense attorney will tell you. I understand how the breath test machine works, what can cause you to submit an erroneously high reading, the philosophy behind breath testing, and how alcohol is absorbed and eliminated from the body. I also utilize, under the right DWI circumstances, experts in the field of Toxicology who are often instrumental in explaining to a jury through scientific evidence that a breath test may be erroneous.
What do police officers look for when they are looking for drunk drivers?
According to the DWI Detection training manual published by the National Highway Traffic Safety Administration in 2004, officers look for anything which may draw their attention to the vehicle (especially at night time) such as,
A moving traffic violation:
Weaving across a lane
Abruptly swerving
Turning with too wide a radius
Almost striking an object or other vehicle
Stopping incorrectly
Rapid acceleration or deceleration
Driving on the wrong side of the road
Slow response to traffic signals
Slow or failure to respond to officer’s signals
Stopping in a lane for no apparent reason
No headlights
Driving in an area other than a marked traffic lane
Throwing objects out of the car or other inappropriate behavior such as leaning out of the window or yelling out of the window.
An equipment violation (burned out tail light or burned out license plate light).
An expired registration or inspection sticker.
Any unusual driving actions, such as weaving within a lane or moving at slower than normal speed.
After the stop, evidence of drinking or drugs in the vehicle itself.
How long will it take to resolve my case?
If you hire a competent attorney, expect your case to last anywhere from a few months to a year. If the case is set for trial, then it will usually take longer for your case to be resolved. The circumstances surrounding the case will also dictate how long the case takes to be resolved.
What will happen to me if I am convicted of DWI?
First Offense (Class B Misdemeanor): Fine ranging from $0 to $2000.00, a jail sentence of not less than 3 days but not more than 180 days, and a license suspension ranging from 90 days to one year.
- With Open Container your minimum jail sentence jumps to 6 days.
Second Offense (Class A Misdemeanor): Fine ranging from $0 to $4000.00, a jail sentence of not less than 30 days but not more than 365 days, and a license suspension ranging from 180 days to 2 years.
Third Offense (3rd Degree Felony): Fine ranging from $0 to $10,000.00, a jail sentence of not less than 2 years but not more than 10 years, and a license suspension ranging from 180 days to 2 years.
Intoxication Assault (3rd Degree Felony) (if you are accused of DWI with an accident that caused serious bodily injury): Fine ranging from $0 to $10,000.00, a jail sentence of not less than 2 years but not more than 10 years.
Intoxication Manslaughter (3rd Degree Felony) (DWI and accident causing death): Fine ranging from $0 to $10,000.00, a jail sentence of not less than 2 years but not more than 20 years.
DWI with child passenger (3rd Degree Felony) (DWI and child in car who is less than 15 years of age): Fine ranging from $0 to $10,000.00, a jail sentence of not less than 180 days but not more than 2 years.
What does probation generally entail?
• Report at least once per month to a probation officer
• Do not commit any further offenses
• Pay a monthly probation fee (generally around $50)
• Perform community service (generally 24 to 80 hours)
• DWI classes dealing with the effects of DWI
• DWI Victim Impact Panel (victims of DWI tell you how DWI has destroyed their lives)
• No drinking
• No drug use
• Pay all fines and costs
• Random drug testing
• Installation of an interlock device on your car (makes you take a breath test before the car will start) |
