Facts & Questions Regarding DWI in The State Of Texas

Why are Texas DWI laws so vigorously enforced?

There are tremendous societal pressures to make DWI arrests. MADD puts a great deal of pressure on the County Attorney and Police Departments to get “tough” on people that drink and drive.

When should I hire a criminal defense attorney?

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.

I was arrested for DWI in Texas. Is my license automatically suspended?

No. However, if you refused to provide a sample of your breath or blood, or if you provided a sample and they say it had an alcohol concentration of .08 or greater, and a hearing is not requested to fight the DWI suspension, it will be suspended.

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 here 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.

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.

I got a Texas DWI and I have never been in trouble before. Am I going to jail?

Probably not. All cases are different, and I will have to look at your specific facts, but in most cases, I can successfully fight to keep you out of jail.

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 skilled in the proper administration of Standardized Field Sobriety Tests?

Yes. I have completed training for the National Highway Traffic Safety Administration (NHTSA) standardized field sobriety tests. This will allow 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 Texas?

To a true DWI defense attorney, a failed breath test in no way means you are guilty. 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. This is often the difference between a guilty and Not Guilty verdict. If you are serious about being found Not Guilty, it is a must that your lawyer be very knowledgeable about alcohol and the human body and its affect on breath testing.

Can you get my DWI case dismissed?

It would be unethical for me to promise that I will get your DWI case dismissed. That being said, my goal will be to get your case dismissed, keep your record clean, and prevent you from losing your freedom, dignity, and license to drive.

For more information contact us for a free consultation at 281 - 332 - 5600

DWI Facts & Information

Driving While Intxicated (DWI) / Driving Under The Influence (DUI)

The offense of Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) is a crime. DWI is committed when an individual is operating a motor vehicle on any highway, street, or building parking lot, flying, driving a motor boat or motorcycle while under the influence of an intoxicant. Texas law states that one is presumed to be intoxicated if they have a Blood Alcohol Content (BAC) of .08 or higher.

If you have been charged with a DWI offense in the State of Texas, you should consult with an attorney who is specifically knowledgeable and active in this area of the law. You need to know and understand your rights under the law.

When you have been investigated or arrested for any criminal offense such as Driving While Intoxicated (DWI), or any Felony Charge, you have an absolute right to be concerned. Facing criminal charges may be one of the most frightening things you have encountered. Some of the possible consequences that can result from a Driving While Intoxicated (DWI) conviction include the restriction or loss of a driver’s license, an increase in insurance costs, fines, court costs, a Driver’s License Surcharge of between $3,000.00 and $6,000.00, and even the possibility of jail. As you can see, Driving While Intoxicated (DWI) can be a very serious charge.

WARNING !! Your license may be at risk of suspension. The license suspension is AUTOMATIC...UNLESS you request a hearing on the issue, in writing, WITHIN FIFTEEN (15) DAYS after receiving notice of suspension from the arresting agency on a Department of Public Safety approved form (generally received on the day of arrest). If a hearing has not been timely requested in the state of Texas, the suspension will automatically begin on the fortieth (40th) day after notice was received. If a hearing is requested, no action will be taken regarding suspension until after the hearing and all appeals have occurred. (Call our office main office in Houston immediately for assistance if you think your license is at risk- 281-332-5600)