Driving While Intoxicated | DWI
Driving While Intoxicated, or DWI, charges are among the most common in Texas. You can get a DWI for being intoxicated on almost anything, which means a blood-alcohol level over .08, or the loss or your normal physical or mental faculties. If you are charged with DWI over .08, you are facing a Class B Misdemeanor. If you are charged with a DWI over .15, you are facing a Class A Misdemeanor. In either case, you face the loss of your license, fees, expenses, surcharges, classes, probation, and jail time. Your third DWI is going to be charged as a felony. Thanks to public pressure from organizations like MADD, there is no deferred adjudication for a DWI, and there is mandatory jail time for all DWI convictions. Don’t forget about the high fees you are going to have to pay for your Interlock steering wheel breathalyzer, your in-home breathalyzer, your probation fees, or your court costs, and your donations to MADD and Crime Stoppers. The good news is that the Fourth Amendment protects you from unreasonable searches and seizures, and Texas statutes mandate that the cops follow very specific procedures when conducting their DWI investigations. Other good news lies in the fact that clients frequently look great on video, cops don’t have probable cause to stop and/or investigate you for DWI, and that blood-alcohol levels sometimes don’t add up when compared to your field sobriety test performance. You need an aggressive DWI trial lawyer to investigate your case, defend you, and take your case to trial if you aren’t interested in the State’s offer. Contact me for a consultation.
Public intoxication isn’t a serious crime, but it can have serious consequences when it comes to looking for a job. A person is publically intoxicated when he appears intoxicated in a public place to a degree that he may be a danger to himself or others. Client are always upset that the cops didn’t perform a field sobriety test, and while I agree that police should perform a test, they are not required to. The good news is that members of our community expect that it should be done. Public intoxication cases are beatable and shouldn’t be pled out just because they carry no jail time. I frequently see public intoxication charges as the reason for resisting arrest charges.
What Happens If I Refused To Take A Breathalyzer When I Was Arrested For A DWI In Houston?
If you refuse to take a Breathalyzer or consent to a blood test in Houston or the Harris County area, the officers will generally apply for a warrant. I have many clients who come in to speak with me and have no idea why their blood or their breath was taken. Well, the answer is that a magistrate (another term for a judge) determined, based on an affidavit written by the officer, that there was probable cause to believe that evidence of a crime (namely alcohol or some other intoxicating substance) would be found in your blood. Read More
What Exactly Is Considered DWI Under Texas State Law?
Under Texas law, DWI stands for Driving While Intoxicated, but the actual language of the statute is a bit misleading, because the charge of DWI can be levied against any adult whom officer believes has been operating a motor vehicle while intoxicated in a public place. The catch here is that in order to be convicted of driving while intoxicated, the government prosecutor needs to prove beyond all reasonable doubt that you were operating a vehicle while intoxicated, which does not necessarily mean “driving” the vehicle, in a public place. Read More
What Factors Could Enhance Or Aggravate A DWI Charge In Texas?
There are several factors that could enhance, or aggravate, a DWI charge in Texas. If you’re charged with DWI and the allegation is that you’ve been drinking alcohol, it is illegal to have a BAC of .08% or higher. That’s a Class B misdemeanor, punishable by up to six months in county jail and up to a $2,000 fine. You could be put on probation for two years for that. Read More
Do I Really Need To Hire A DWI Attorney In Texas If I’m Going To Plead Guilty Anyway?
You absolutely need to hire a DWI attorney here in Texas, even if you plan on pleading guilty, because an attorney is going to evaluate your case. There are plenty of cases where a person might have been driving while intoxicated but there’s a reasonable doubt about that. Why? Because reasonable doubt is based on what evidence the state can provide. My job as your attorney is to see if there’s a way to beat this case, even if some of the evidence shows that you were driving while intoxicated. There’s an old saying that it’s better to have ten guilty people acquitted than one innocent person convicted—it’s my job to remind people that’s how our justice system is supposed to work. Read More
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