What must be proved to find you guilty of DWI?

Answer:

1. Your identity,
2. You were operating,
3. A motor vehicle,
4. In a public place,
5. In Texas, while
6. Your Blood Alcohol Level was .08 or higher, by
7. The introduction of alcohol, a drug, or a combination thereof into the body.

What are your rights if you are arrested?

Answer: The police officer is required to take a person in front of a magistrate without unnecessary delay, but no later then 48 hours. The magistrate is required to inform the person accused of:

1. The charges against him,
2. They have the right to hire an attorney,
3. They have the right to remain silent,
4. They have the right to have an attorney present during questioning by law enforcement or a prosecuting attorney,
5. The have the right to terminate the questioning at any time,
6. They have the right to request a court appointed attorney, if the person arrested in indigent or cannot afford to hire an attorney,
7. The procedures for requesting a court appointed lawyer,
8. They have the right to an examining trial,
9. The person arrested is not required to make a statement and any statement may, can and will be used against the person arrested. The magistrate is also required to allow the accused reasonable time and opportunity to consult counsel and to be admitted to bail if allowed by law.

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.

How do I avoid being arrested for DWI?

Answer: 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.

How much can I expect in fines if I receive probation?

Answer: A DWI 1st carries a maximum fine of $2,000 which can be paid monthly as a part of probation. Additionally, as of Sept. 1st 2003, DPS will assess an additional penalty of a minimum of $1,000 per year for three years upon a final conviction for DWI.

What are the requirements for obtaining the restricted license in a DWI or ALR suspension case?

You must mail into the Texas Department of Public Safety (DPS), a certified copy of the court order granting the occupational license. Also enclose the following:

1. An original pink SR-22 certificate of insurance. This is the only proof of insurance acceptable.
2. A $10 license fee for a one-year license or less. The maximum length of issuance is a 2-year license for $20, provided that the court order grants this length of time.
3. A $125 statutory reinstatement fee for the Administrative License Revocation (ALR), if required; and
4. A completed SR-37 form to type the occupational license.

Caveat: The Texas Department of Public Safety (DPS) requires all reinstatement fee(s) be paid prior to the issuance of the occupational or restricted license.

Will I have to have an Ignition Interlock Device put in my car as a condition of bond?

For a first offense, conditions of bond are a matter of discretion with the Court. Generally, most judges will not make a an Ignition Interlock Device as a condition of bond for a first offense DWI. However, if you are charged with a subsequent DWI (no matter how long ago your first DWI was), with Intoxication Assault, or with Intoxication Manslaughter you are required by law to install an Ignition Interlock Device on you automobile. In fact, you will not be able to drive any vehicle that is not equipped with an Interlock Device. If the device determines a certain level of alcohol on your breath, it will temporarily disable your vehicle. When driving, you have to continuously blow into the device about every twenty (20) minutes. Please note, that the alcohol in some mouthwashes can even be enough to cause the Ignition Interlock Device to disable the vehicle if you do not wait a certain period of time after its use

Yes, if a person receives a final conviction that person’s license may be suspended. The license suspension period ranges from 90 days up to 2 years. A conviction for driving while intoxicated under the age of 21 will result in an automatic suspension for one year, unless the person is on probation and required to have an Ignition Interlock Device..

Note: Generally speaking, in Harris County, if you are a first offender, and you represent yourself and plead guilty to Driving While Intoxicated you will more than likely receive a final conviction and lose your license for one year. Remember, the Assistant District Attorney and the Judge do not represent you, one is there to prosecute you; the other is there to preside over the case. The Judge cannot and will not give you legal advice. Again, having an experienced DWI lawyer represent you is very important to your case!

How Is DUI.com Different From Other Drunk Driving Websites?
DUI.com is an offender-related website that is designed to help those that have been charged with a DUI or DWI to find DUI lawyers. This does not mean DUI.com advocates driving drunk. It means that we have been counseling those arrested for driving under the influence (DUI), driving while intoxicated (DWI) or drunk driving for over 20 years and understand the particular problems associated with drunk driving arrests and charges.
Drunk driving offenders need a criminal defense lawyer who's law practice is primarily in the field drunk driving defense and is a qualified DUI lawyer or DUI attorney. DUI and DWI offenders may need assistance in understanding Department of Motor Vehicles (DMV) administrative per se (APS) and administrative license suspension (ALS) / administrative license revocation (ALR) laws.
DUI.com collects and shares specialized information and provides products and services (program fact sheet PDF download) to help individuals who have been arrested for DUI, DWI or driving drunk navigate the consequences of their drunk driving arrest.
Since the Department of Motor Vehicles has asked police to take drivers' licenses upon drunk driving arrest (administrative license revocation), some persons are immediately interested in getting their drivers licenses back. This requires an individual to quickly obtain an SR-22 form (SR22) from their auto insurance company, agent or broker and file this "Proof of Financial Responsibility" form with the DMV or DPS. We offer direct insurance quotes for those seeking to lower their skyrocketing automobile car insurance rates due to a DUI, DWI or drunk driving charge.
Others are concerned about going to court and the possibility of going to jail. They, therefore, must seek the advice of local DUI attorneys or a DUI lawyer who's practice concentrates in drunk driving defense - someone who knows the DUI Laws and rights of those arrested for driving under then influence.
Meanwhile, the issue of a drinking problem or substance abuse is a subject that the DUI, DWI or drunk driving offender may be faced with. DUI.com provides information related to substance abuse, alcohol, drug and drinking problems. We also promote proven ways to prevent drunk driving in the form of alcohol breathalyzers (breath testers), alcohol analyzer systems and educational drunk driving videos for schools, programs, businesses, military and correctional facilities.
For individuals concerned with the long view, DUI.com offers information on drivers license and criminal records that will help those arrested for drunk driving understand the consequences for future employment, financial, medical and other background record investigations.
DUI.com provides useful, balanced, prevention - and education - based information for individuals trying to find help after a DUI, DWI or drunk driving arrest, and has been doing so for over 20 years.

Questions and Answers: DWI

What is the legal definition of intoxication?
The legal definition of intoxication in Texas is:
Having an alcohol concentration of 0.08 or more
Not having the normal use of physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substances into the body.
Not having the normal use of mental faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substances into the body
The State only needs to prove one of the three ways beyond a reasonable doubt in order to obtain a conviction.

What does ‘normal’ mean?
According to the law, the definition of the word normal is the average person. The problem is how do we determine the average person? The law is vague in this subject, which lends itself for good argument to a jury that everyone is different and each has his own normal.

Am I required to answer any questions, take Field Sobriety Tests, or take a breath test?
Under criminal law, you are not required to perform any type of test or answer any questions to the police officer. You have the right to refuse any tests and request an attorney. However, if you refuse to attempt these tests, the officer most likely is going to arrest you. Further, the civil law, which your driver’s license falls under, does not protect you. In fact, when you applied for your driver’s license you unknowingly consented to any future tests, if to which you refused you would lose your driver’s license for a period of six months. The decision is yours and there is a civil risk (your license), but you do have rights, and should not waive them. Always request your lawyer and don’t cooperate with anything if you wish to exercise your rights.

Does a person have a choice to refuse being videotaped?
No. However, although a person has no right to refuse being videotaped, he does have the right to refuse to perform any police field sobriety exercises and to refuse to answer any questions, the answers to which, might be incriminating. Unlike breath or blood test refusals, there are no penalties for refusing to perform field sobriety tests or refusing to answer questions while being videotaped.

Are Field Sobriety Tests very accurate?
If performed in a controlled environment in the exact proscribed standardized manner, the tests can be a likely indicator of intoxication. This is hardly done in the street.
The research conducted by the National Highway Traffic Safety Administration, the designers of the tests, concluded the Horizontal Gaze Nystagmus is 77% accurate, the Walk & Turn is 68% accurate, and the One Leg Stand is 65% accurate only when administered in the prescribed, standardized manner. Any change from the standardized manner will compromise the tests validity and make any result inaccurate. When not conducted properly it becomes an opinion test of the officer.
Therefore, these tests will inaccurately claim 23% - 35% of the people tested as intoxicated. Which when done incorrectly, which is the norm, can drop the accuracy to a frightening level.

What can affect my performance on Field Sobriety Tests?
Even SOBER persons can have difficulty with these tests, as stated by The National Highway Traffic Safety Administration. The reason is as the NHTSA has admitted, are several factors that affect every person, such as:
Age
Being ill
The distraction of traffic
The police car’s strobe lights
Fatigued
Footwear
Lack of coordination
Gusts of wind
Weight
Road or sidewalk conditions
Allergies
Scared
Head lights of traffic
Weather conditions
Being nervousness
Back problems
Leg or knee problems
Inner ear disorders

What is the State's burden of proof to prove me guilty?
The State of Texas must prove your guilt "beyond a reasonable doubt", which is the highest burden of proof in the justice system. It is not defined, by Texas law, but can be easily explained to a jury.
The lowest burden of proof is probable cause. That is how an officer can start an arrest.
The next highest burden of proof is preponderance of the evidence. This is the amount of proof needed in civil courtrooms involving civil suites. A preponderance of the evidence is proof amounting to 51% or who can move the scales of justice.
The next highest burden of proof is clear and convincing evidence. This is amount of proof that will cause a juror or judge to have a "firm belief" in the matter to be proved. This is used in custody cases. Most juries when they hear that the burden of proof is higher than that to take their kids away from them understand the high level of proof.
Beyond a Reasonable Doubt is the highest burden of proof. A jury must have more than that necessary to take your kids away in evidence that you were intoxicated before they could find you guilty. This is very simple, if a juror has a single doubt, based on reason, as to a person being intoxicated, they must follow the law and find them not guilty.

Do I have the right to an attorney before deciding whether to take a breath or blood test?
Texas law does not give you the right to speak with an attorney prior to making the decision of whether or not to take the field sobriety tests, the breath test or blood test. However, the law does not require you to perform any field sobriety tests or to take a breath or blood test so continue to ask for an attorney and refuse to cooperate and the likely chances of being found NOT GUILTY can increase!

How long will a DWI arrest stay on my record?
If you are convicted of the DWI, it will be on your record for life. Furthermore, a DWI conviction can be used for ten years to enhance your punishment of you are arrested for DWI again. If you are found Not Guilty, you can have the arrest and DWI charge "expunged" from your record.

Intoxication Assault

When facing the charge of intoxication assault you need to realize you cannot handle this problem on your own. The State of Texas is assembling a group of highly trained felony prosecutors to create a case against you, which may result in your incarceration in the Texas Department of Corrections. In response, you must find experienced legal counsel to defend you from this charge. A case like this need more than the run of the mill lawyer, you need a team of DWI Defense. You need McConathy law!
The Law Offices of Richard C. McConathy for over the past years have defended people with DWI charges in the State of Texas. Our office has the experience and the record of success to defend you on this serious charge. Remember, for the State of Texas to charge you with intoxication assault they must prove the following:
A person commits an offense if the person, by accident or mistake causes serious bodily injury to another while committing one of the above offenses. “Serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. An offense under this section is a felony of the third degree.
If you are currently facing this situation, do not lose hope, call us immediately for an appointment. The sooner that we are on the case the better the opportunity we have to properly defend your intoxication assault.

Administrative License

Administative License Revocation Hearings (ALR)
WARNING! YOU HAVE 15 DAYS FROM THE DATE OF ARREST TO REQUEST A HEARING TO SAVE YOUR LICENSE. IF YOU FAIL TO REQUEST A HEARING YOUR LICENSE WILL BE SUSPENDED AUTOMATICALLY.
What is an ALR? What most people don’t realize when they get a DWI in Texas is they actually have two cases against them. A criminal case and a civil case. This civil case deals exclusively with your drivers license and has no influence on your criminal case. The ALR is conducted in a separate court house under the rules of civil procedure, which means that the level of proof to suspend your license is much lower than that of criminal case. At this hearing the Department of Public Safety presents evidence of why your license should be suspended.
I thought I was innocent until proven guilty, How can the State do this to me?
Currently the State of Texas has a civil statue called the implied consent law. When you obtained a drivers license, you unknowingly entered into an agreement to be allowed to drive, since Texas considers driving a privilage and not a right, to consented to providing a specimen of breath or blood if request by a police officer for suspicion of DWI . If the you refuses to provide a breath or blood specimen or provide a specimen with a score of .08 Blood Alcohol Content (BAC) or higher, then the your drivers license is subject to automatic suspension. You or your lawyer may request a hearing to save your license. This request must be made within 15 calendar days of notice of such suspension. When making a request for hearing be sure that you or your lawyer request a live hearing. If a hearing is not timely requested, the suspension will automatically begin on the forty-first (41st) day after notice of suspension was received. If a hearing is requested, no action will be taken regarding suspension until after the hearing has taken place, even if the hearing takes place more than forty days after the arrest. (Call our office immediately for assistance if you think your license is at risk- toll feel at ( 1-888-283-9394 ).
What does the Department of Public Safety have to prove to suspend my license?
In all ALR cases the burden of proof is on the Department of Public Safety. The Department of Public Safety must prove the following elements by a preponderance of the evidence at the hearing:
That there was reasonable suspicion to stop or probable cause to arrest the you.
That probable cause existed that you were driving or in actual physical control of a motor vehicle in a public place while intoxicated.
That you were placed under arrest and was offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test, AND
That you refused to give a specimen on request of the officer, OR, that you failed a breath or blood test by registering an alcohol concentration of .08 or greater per 100ml of blood or 210 liters of breath.
Don’t let the Department’s set the tone of the case. By having trained legal council you may win you Driver license back.
What is the suspension range I may be facing if my license is suspended?
The periods of suspension are as follows:
Age of Driver
Breath or Blood Refusal
Breath or Blood Failure
21 or older
180 days
90 days
Prior alcohol or drug Contact w/in 10 years
2 years
1 year
NOTE: If the person who refuses is a resident without a license, an order will be issued denying the issuance of a license to the person for 180 days.NOTE: the term "prior alcohol or drug contact" as used to lengthen the period of suspensions stated above has been defined as "a driver's license suspension, disqualification, or prohibition order under the laws of this state or any other state resulting from a conviction for driving while intoxicated", "a refusal to provide a requested specimen", or "providing a specimen showing an alcohol concentration of a level specified in §49.01 Texas Penal Code" (an alcohol concentration of 0.08 or greater).
What happens after my ALR case?
If your license is not suspended at the hearing, DPS is obligated to return your drivers license. If a suspension is ordered either automatically or after the hearing, you must pay a reinstatement fee of $125.00 to Department of Public Safety before the license will be reinstated. There is a specific Department of Public Safety form that must be submitted to reinstate your driving privileges. Our office can provide you with this form. This form together with the reinstatement fee must be paid by money order, cashier's check or personal check and sent by certified mail, return receipt requested for proper documentation of payment and receipt to:
Driver Improvement and ControlTexas Department of Public SafetyP.O. Box 15999Austin, Texas 78761-5999
If your license has been suspended, you cannot drive without subject to arrest. To drive, you must obtain an Occupational Drivers License. (ODL) (Click here for more information on ODL.)
What will the McConathy law office do to save my license?
It is surprising how many lawyers so casually handled an ALR case. They fail to request a live hearing. They fail to subpoena the police officer. Imagine a lawyer trying to defend your driver license over the phone, or without even having the cop at the hearing. The is even more frustrating when a ALR case can be dismissed if the subpoena police officer fails to show. They are unfamiliar with a proper DWI defense, and do not realize the "discovery" potential in cross examining the police officer. In addition, many lawyer do not handle the ALR themselves, but give over the responsibility to associate lawyers. This is not the case with the McConathy law firm. Our top priority is protecting your driving privileges, so that we can defend you against the DWI charge a full force. In this regard, we challenge your ALR case in two ways. First, with the assistance of a knowledgeable and skilled defense attorney, many of our clients are able to avoid a suspension of their driving privileges. Second, by challenging your license suspension, we are creating an opportunity to learn all the facts and important details to better defend your DWI case. The ALR is invaluable to your defense, and if not properly pursued could hinder your defense.

Driving While License Suspended/Invalid(DWLS) (DWLI)

A person commits an offense if the person operates a motor vehicle on a highway after the person's driver's license has been suspended. A persons license can be suspended for many different reasons, including DWI suspensions, lack of valid insurance, to many tickets in a calender period. If your license is currently suspended you cannot drive without a occupational driver license (make a like to the ODL page). If you are caught driving with a suspended or invalid license you can be arrested and charged with a Class A misdmeanor. If you find yourself facing this situation do not hesitate to call, help is only a phone call away. We offer affordable fees and payout plans when defending you on your DWLS charge. Allow our offices to put all of our years of experience to work for you. When your license is on the line call the Law Offices of Richard C. McConathy.

DWI With a Child

Perhaps this is your first DWI , or maybe you obtained a DWI many years ago, but suddenly you find yourself charged with a DWI case that it is a state jail felony. How can this be legal? The State of Texas has stated that: "A person commits an offense (of driving while intoxicated with a child passenger) if the person is intoxicated while operating a motor vehicle in a public place, and a passenger who is younger than 15 years of age occupies the vehicle." An offense under this section is a state jail felony. If you are facing a DWI with a child passenger the punishment of this type of case can be staggering. The State can request you spend up to two years in the state jail and pay a fine. When facing a Felony charge, you need a DWI defense team that has the trial experience to help you through this situation. The Law Offices of Richard C. McConathy has been handling DWI cases for several years with a record of success. Do not hesitate to call, help is only a phone call away. Allow our offices to put all the years of successful trial experience to work for you. When everything is on the line call the DWI Defense. Call McConathy Law.

To set up an appointment today click on Contact Us, or you can reach our offices by phone. Our assistants are standing by to help you.
Criminal Law Questions
Important information to know after you have been arrested and what to do next.
This information is a general introduction to the criminal justice system in North Texas. It does not offer legal advice. Its purpose is to provide a basic explanation of court terms and describe how a criminal case progresses through the legal system.
What to do if you have been arrested:
If you can make a bond (money to secure your release), through a bond company, then you will be released from jail, but only if you have no other holds. (A hold is a detainer placed on you by another governmental agency, which requires you be held pending clearance of the hold. Example: Traffic tickets, or you may qualify for pre-trial release. If you are unfamiliar with a bonds man, our office can help you contact one.
If you are free on bond:
In many courts if you have been able to make a bond, then you will be expected to hire an attorney to represent you. This is an important decision to make and could determine how the rest of your case can go. Take the time to find an attorney that is right for you, but above all find someone who is experienced in handling your type of matter. One way to determine is to find out if your attorney is board certified in criminal law and how much criminal law do they handle. This is an important distinction between criminal lawyers and general practitioners. Find out if your lawyer goes to trial or if they just plea out their clients. A plea may be good in your case, but is not always the best option in the long run. That is why it is important to find an attorney with trial experience. Finally, ask to see their record. Remember you are the one paying them. So ask to see how successful they are at what they do. Only past accomplishment can show you how likely your attorney can succeed.
Different levels of offenses:
In Texas at the county level, offenses are prosecuted at the lowest level of Class B misdemeanor up to the highest level of First Degree felony. Examples of the level of each type of offense and the possible ranges of punishment are as follows:
Class B Misdemeanor - confinement for a term not to exceed 180 days in the county jail; and/or a fine not to exceed $2,000.00. Example: DWI, Criminal Trespass, Theft by check $50.00-$500.00, evading arrest or detention.
Class A Misdemeanor - confinement for a term not to exceed one year in the county jail; and/or a fine not to exceed $4,000.00. Example: a second DWI, Assault, Burglary of a vehicle, unlawfully carrying a weapon.
State Jail Felony - confinement for a term from 180 days to two years in the state jail; and an optional fine not to exceed $10,000.00. Example: Credit card abuse, unauthorized use of a motor vehicle, reckless injury to a child.
Third Degree Felony - confinement for a term from two to ten years in prison; and an optional fee not to exceed $10,000.00. Example: a third DWI, Indecency with a child, Kidnapping, Possession of a firearm by a felon.
Second Degree Felony - confinement for a term from two to twenty years in prison; and an optional fee not to exceed $10,000.00. Example: Aggravated assault or Kidnapping (if the victim is released unharmed), Arson, Robbery, Sexual assault.
First Degree Felony - confinement for life or a term of five to 99 years in prison; and an optional fee not to exceed $10,000.00. Example: Murder, Aggravated kidnapping, Robbery or Sexual assault.
Capital Felony - punishment in prison for life or death penalty. If the State does not seek the death penalty, upon conviction, an automatic life sentence is imposed. Where the State seeks the death penalty, upon conviction, the jury must answer questions, which may result in either a sentence of life imprisonment or the death sentence. Example: Murder during the commission of another felony such as kidnapping, rape or robbery.
How the Case is Filed and Processed
Misdemeanor Offenses:
Misdemeanor cases are filed by the police agency with the District Attorney’s Office.
If the District Attorney’s Office decides to prosecute the case, a document is created callled an information. (The information is a written statement filed and presented on behalf of the State of Texas by the district attorney, charging the defendant with the offense.) It provides the defendant with the notice as to the offense for which he stands charged.
Once an information has been processed, a file is generated and the case is randomly assigned to one of the 12 misdemeanor courts.
Felony Offenses:
Felony level offenses are filed by the police agency with the District Attorney’s Office.
The District Attorney’s Office then generates a charging instrument known as an indictment. (An indictment is the written statement of a grand jury accusing a person therein named of some act or omission, which, by law, is declared to be an offense.) The indictment puts the defendant on notice regarding the charges being brought.
Once the paperwork has been generated the case is then set to be heard by the grand jury. (The grand jury is a panel of citizens who briefly review information provided by the police who then make a determination whether there is sufficient evidence to believe that an offense has occurred.)
Any person charged with a felony offense has the right to have his/her case indicted by the grand jury.
Once filed, a felony case is randomly assigned to one of the 15 felony courts. It may take two to three weeks before a case is actually heard by the grand jury.
The grand jury will either issue a bill of indictment or a no bill. True bill means that the grand jury found that there was enough evidence to believe that an offense did occur and the case will then be forwarded to the felony court to which it was assigned. A no bill means that the grand jury did not believe that there was enough evidence to proceed with the case as it was filed.
Going to Court?
If you are on bond you will be notified by mail (at the address you gave the jail when you were released) as to which court your case has been assigned, the court date and the time you are to appear. On your court date, you should go directly to that court. Each court posts a docket sheet in front of the courtroom. The docket sheet lists the name of each person who has a court setting on any particular day, the name of their attorney and the type of setting (announcement, plea, trial). You must be in court on the day and time instructed or the court may forfeit your bond and issue a warrant for your arrest. (Bond forfeiture means you lose the money that you have posted as a guaranty to the court that you would appear on the setting date.) Some courts require that you come inside the courtroom, while others will tell you to remain in the hall directly outside the assigned courtroom until the court bailiff calls your name. If you don’t know where to go, it is always best to enter the courtroom and check in with the court bailiff or court coordinator.
How the Case Proceeds
Misdemeanor Cases: This process begins once the police have filed the case and the District Attorney’s Office drafts an information.
Felony Cases: This process begins when the Grand Jury issues a true bill of indictment. Once the case has been indicted, the process begins.
The First Appearance SettingIf on bond the person accused must appear in the court, unless you have hired a lawyer. In that case, you lawyer will appear for you on all misdemeanor cases, but you must appear with your attorney on felony cases.
Announcement SettingsThese settings allow both the defense lawyer and the assistant district attorney an opportunity to discuss the case and determine if the case will be dismissed, plea bargained (a plea bargain is a resolution of the case where both the State and the defendant agree to a certain punishment without involving either a judge or a jury) or set for a jury or bench trial. (A bench trial is a trial to a judge without a jury.)
Generally, a case may be set for announcement two to three times. A person on bond or on a felony case is be required to appear in court every time the case is set on the court’s docket, regardless of the type of setting and regardless of whether that person’s attorney must also appear.
Final Announcement SettingAt this setting it is determined whether or not the person accused wishes to reach a plea bargain agreement with the Assistant District Attorney or to have a trial.
In many courts, once a case is set for a trial of any kind, any plea bargain offer is considered rejected and may not be offered again.
Plea SettingIf the defendant chooses not to have a jury or bench trial, then the case is set for a plea. At the plea setting the person enters a plea of either guilty or nolo contendre to the charges. (A plea of nolo contendre means that a person id not pleading guilty but chooses to “not contest” the charges brought against him. It has the same legal effect as pleading guilty to the charge.) A person who pleads to the charge may accept either the plea bargain offered by the State, or he may enter an open plea. (An open plea means that the defendant has rejected the plea bargain and asks the judge to set punishment.)
Trial SettingEvery person charged with a criminal offense has an absolute right to plead not guilty to the charge and have a trial by jury or a trial before a judge (bench trial). In either case, the State of Texas, through an Assistant District Attorney, must prove a person guilty of the offense charged beyond a reasonable doubt. In a misdemeanor trial there are six jurors who hear the evidence presented in the trial. At the felony level there are 12 jurors. There are three possible phases to each jury trial. They are: voir dire (jury selection phase); guilt/innocence phase (the time during the trial when the evidence is presented); and, if the person is determined to be guilty, the punishment phase.
A jury’s decision with regard to guilt or innocence must be unanimous (this means that all six or 12 people must reach the same conclusion as to the guilt or innocence of the person on trial). If the jury does not reach a unanimous verdict the judge may declare a mistrial (also known as a “hung jury”) and the case will be retried.
A defendant who has been found guilty of an offense may choose whether the jury or the judge will set his or her punishment.
In a bench trial the judge determines the guilt or innocence of the defendant and sets the punishment. Plus you waive all error in the case on appeal.
ProbationDepending on a number of factors, a person may be eligible to have a jail sentence probated. Probated means that they are not sent to jail but are released and supervised by the Department of Community Supervision.)
What To Do When Coming To Court
Clothing - Any time you are to appear in court you should dress as though you are going to a job interview. Men should wear pants and a shirt with a collar. A suit, jacket, or tie is always appropriate. Women should wear a dress, skirt or pants that are not too tight, too short, or too low cut. It is never proper to wear shorts, t-shirts, or sandals. Excessive make-up or jewelry should not be worn. In the courtroom itself, it is never proper to wear a hat, read a newspaper, eat, or chew gum.

Intoxication Manslaughter - 2nd Degree Felony

(Is defined as Texas law states that if a person commits an offense if a person operates a motor vehicle in a public place while intoxicated and by reason of that intoxication causes the death of another by accident or mistake.)
WARNING : You are required by law to install an ignition interlock device on your car. You also are not allowed to drive any vehicle that is not equipped with an interlock device. If the device detects alcohol on your breath, it will disable your vehicle. If you are driving a car and have not obtained an interlock device, do so immediately or your bond will be revoked and you will be arrested. Contact our office to help you obtain a breath interlock.
Range of PunishmentPenitentiary: Confinement in the Texas Department of Corrections (TDC) for not less than 2years to 20 years.Fine: A fine not to exceed $10,000.
A) Jail time, fines, court costs:
Jail Time: For a Felony DWI, the Judge may impose up to 180 days in the County Jail as a condition of probation, but it is highly unlikely that probation would be granted in this type of case.
Fine: You will have to pay a fine through probation, and should expect to pay at least $2,000-$4,000, but can go up to $10,000.00.
Court Costs: You will have to pay court costs that will cost you approximately $300.
Probation Fees: Every time you report to probation, you will have to pay your court ordered probation fee. The fee ranges from $40-$60 per visit, depending on the county of conviction.
Crime Stoppers: You will have to pay a one-time payment to Crime Stoppers, ranging from $20-50, depending on the county of your conviction.
B) Community service and classes:
Community Service: Texas law mandates that you perform a minimum of 160 hours, but not more than 600 hours of community service if granted probation.
DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved DWI education course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year.
Victim Impact Panel: A course presented by M.A.D.D. This is where victims of drunk drivers speak about how their lives were adversely affected by drunk drivers.
C) Conditions set by the probation department:
Jail Time: If probation is granted, which is rare in an intoxicated manslaughter case, you must serve a minimum of 180 days in jail as a condition of the probation.
Monthly Reporting: You will be ordered to report to your probation officer each month.
Alcohol/Drug Evaluation: You may have to be evaluated to see if you have an alcohol or drug problem. If they determine that you to have a problem, you will have to pay for any recommended treatment. Upon their recommendation, additional conditions may be added, regardless of the results of your evaluation, depending on the county your case is in.
Employment: You will be ordered to maintain or find suitable employment during probation.
Commit No Crimes: Any violation of the law can result in your probation being revoked. Therefore anything above a traffic ticket will violate you.
Residence: You may be ordered to stay within the State of Texas or even within a specific county during probation. If you wish to travel, you will have to get permission from your probation officer first. If you move, you must notify your probation officer within 5 days.
Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or urine to determine the presence of any alcohol or drugs. You are responsible for the cost of test.
D) Judicial Conditions:
Judicial Conditions: The Judge can impose any other condition they seem fit for your probation.
Nightlife & Business Luncheons/Dinners: Only in extreme cases, but a Judge has to authority to ban you from all establishments that serves alcohol!
E) Miscellaneous:
Additional Fees, Fines, and Costs. Surcharge to DPS: Since September 1, 2003, Texas law states that if you have been convicted of a DWI that you will have to pay the Department of Public Safety $2,000.00 a year for three years to receive your license back. If the surcharge is not paid, your license will be suspended or withheld until paid.
Insurance: If convicted, most insurance companies will consider you a high risk and may double or triple your coverage.
Electronic Monitoring: Although unusual, Judges can require you to submit to electronic monitoring. You will be forced to wear a device (about the size of a pager) around you ankle. You will be allowed outside your home during specified periods of time. If you are not at home when required, the monitor knows it, and your probation can be revoked.

Intoxication Assault - 3rd Degree Felony

Is defined by Texas law when a person commits an offense if the person, by accident or mistake, while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another. " Serious Bodily Injury ” means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.) This means it applies even if it is your first DWI, if someone is hurt as defined by the law.
*Note: The law considers a car a deadly weapon and if the court finds that you committed the offense with a deadly weapon, you may be ineligible to receive probation from the court. You can only receive probation from a jury.
WARNING : You are required by law to install an ignition interlock device on your car. You also are not allowed to drive any vehicle that is not equipped with an interlock device. If the device detects alcohol on your breath, it will disable your vehicle. If you are driving a car and have not obtained an interlock device, do so immediately or your bond will be revoked and you will be arrested. Contact our office to help you obtain a breath interlock.
Range of PunishmentPenitentiary: Confinement in the Texas Department of Corrections (TDC) for not less than 2 years to 10 years.Fine: A fine not to exceed $10,000.
A) Jail time, fines, and court costs:
Jail Time: For a Felony DWI, the Judge may impose up to 180 days in the County Jail as a condition of probation.
Fine: You will have to pay a fine through probation, and should expect to pay at least $2,000-$4,000, but may reach up to $10,000.00.
Court Costs: You will have to pay court costs that will cost you approximately $300.
Probation Fees: Every time you report to probation, you will have to pay your court ordered probation fee. The fee ranges from $40-$60 per visit, depending on the county of conviction.
Crime Stoppers: You will have to pay a one-time payment to Crime Stoppers, ranging from $20-50, depending on the county of your conviction.
B) Community Service and Classes:
Community Service: Texas law mandates that you perform a minimum of 160 hours, but not more than 600 hours of community service if granted probation.
DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved DWI education course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year.
Victim Impact Panel: A course presented by M.A.D.D. This is where victims of drunk drivers speak about how their lives were adversely affected by drunk drivers.
C) Conditions set by the probation department:
Common Probation ConditionsIf probation is granted which is rare in cases of intoxication assault, you must serve a minimum of 30 days in jail as a condition of the probation!
Monthly Reporting: You will be ordered to report to your probation officer each month.
Alcohol/Drug Evaluation: You may have to be evaluated to see if you have an alcohol or drug problem. If they determine that you to have a problem, you will have to pay for any recommended treatment. Upon their recommendation, additional conditions may be added, regardless of the results of your evaluation, depending on the county your case is in.
Employment: You will be ordered to maintain or find suitable employment during probation.
Commit No Crimes: Any violation of the law can result in your probation being revoked. Therefore anything above a traffic ticket will violate you.
Residence: You may be ordered to stay within the State of Texas or even within a specific county during probation. If you wish to travel, you will have to get permission from your probation officer first. If you move, you must notify your probation officer within 5 days.
Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or urine to determine the presence of any alcohol or drugs. You are responsible for the cost of test.
D) Judicial Conditions:
Nightlife & Business Luncheons/Dinners: Only in extreme cases, but a Judge has to authority to ban you from all establishments that serves alcohol!
Judicial Conditions: The Judge can impose any other condition they seem fit for your probation.
E) Miscellaneous:
Additional Fees, Fines, and Costs. Surcharge to DPS: Since September 1, 2003, Texas law states that if you have been convicted of a DWI that you will have to pay the Department of Public Safety $2,000.00 a year for three years to receive your license back. If the surcharge is not paid, your license will be suspended or withheld until paid.
Insurance: If convicted, most insurance companies will consider you a high risk and may double or triple your coverage.

DWI With A Minor In The Vehicle- State Jail Felony

Is defined by Texas law when a person is charged with DWI, no matter if it is the 1 st DWI, and a minor is in the vehicle.
*NOTE: The law considers a minor anyone under fifteen (15) years of age.

Third DWI (or more) - 3rd Degree Felony

(Classified as a third DWI committed within a ten year period, from the last date of the end of the probation period or release from jail if no probation.)WARNING : You are required by law to install an ignition interlock device on your car. You also are not allowed to drive any vehicle that is not equipped with an interlock device. If the device detects alcohol on your breath, it will disable your vehicle. If you are driving a car and have not obtained an interlock device, do so immediately or your bond will be revoked and you will be arrested.
Range of PunishmentPenitentiary: Confinement in the Texas Department of Corrections (TDC) for not less than 2 years and not more then 10 years.Fine: A fine not to exceed $10,000.
A) Jail time, fines, and court costs:
Jail Time: For a Felony DWI, the Judge may impose up to 180 days in the County Jail as a condition of probation.
Fine: You will have to pay a fine through probation, and should expect to pay at least $2,000-$4,000, but may reach as high as $10,000.00 if convicted.
Court Costs: You will have to pay court costs that will cost you approximately $300.
Probation Fees: Every time you report to probation, you will have to pay your court ordered probation fee. The fee ranges from $40-$60 per visit, depending on the county of conviction.
Crime Stoppers: You will have to pay a one-time payment to Crime Stoppers, ranging from $20-50, depending on the county of your conviction.
B) Community service and classes:
Community Service: Texas law mandates that you perform a minimum of 160 hours, but not more than 600 hours of community service if granted probation.
DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved DWI education course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year.
Victim Impact Panel: A course presented by M.A.D.D. This is where victims of drunk drivers speak about how their lives were adversely affected by drunk drivers.
C) Conditions set by the probation department:
Jail time as a condition of probation: If probation is granted, you must serve a minimum of 10 days in jail as a condition of the probation, depending on your jurisdiction.
Drivers License Suspension: Your license may be suspended for not less then 180 days not more then 2 years.
Monthly Reporting: You will be ordered to report to your probation officer each month.
Alcohol/Drug Evaluation: You may have to be evaluated to see if you have an alcohol or drug problem. If they determine that you to have a problem, you will have to pay for any recommended treatment. Upon their recommendation, additional conditions may be added, regardless of the results of your evaluation, depending on the county your case is in.
Employment: You will be ordered to maintain or find suitable employment during probation.
Commit No Crimes: Any violation of the law can result in your probation being revoked. Therefore anything above a traffic ticket will violate you.
Residence: You may be ordered to stay within the State of Texas or even within a specific county during probation. If you wish to travel, you will have to get permission from your probation officer first. If you move, you must notify your probation officer within 5 days.
Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or urine to determine the presence of any alcohol or drugs. You are responsible for the cost of test.
D) Judicial Conditions:
Nightlife & Business Luncheons/Dinners: Only in extreme cases, but a Judge has to authority to ban you from all establishments that serves alcohol!
Judicial Conditions: The Judge can impose any other condition they seem fit for your probation.
E) Miscellaneous:
Additional Fees, Fines, and Costs. Surcharge to DPS: Since September 1, 2003, Texas law states that if you have been convicted of a DWI that you will have to pay the Department of Public Safety $2,000.00 a year for three years to receive your license back. If the surcharge is not paid, your license will be suspended or withheld until paid.
Insurance: If convicted, most insurance companies will consider you a high risk and may double or triple your coverage.
Alcohol Electronic Monitoring: Becoming more common is the requirement for you to be ordered to have installed is an electronic monitor. You will be ordered to wear a device around you ankle. If you have any alcohol in your system, the device will notify the court and your probation will be revoked.

Second DWI - Class A Misdemeanor

WARNING : The State of Texas requires the Court to order, as a condition of yourbond, that you install and maintain a deep lung air device on the car you drive. This device requires you to blow into it before it will allow you start your car. If it detects the presence of alcohol, it will disable your car. If you are driving a car and have not obtained an interlock, do so immediately or your bond will be revoked and you will be arrested.
Range of Punishment
Jail: Confinement in the county jail for not less then 30 days but not to exceed more than 1 year.
Fine: A fine not to exceed $4,000.
A) Jail time, fines, and court costs:
Jail Time: In DWI 2nd cases, jail time is common. You should expect to receive between 3 to 30 days in the county jail as a condition of probation, depending on the facts of your case.
Fine: You will have to pay a fine through probation. It is typical for a DWI 2nd to pay around a $1,500 fine for your second offense, but the fine can go as high as $4,000.00.
Court Costs: You will have to pay court costs of approximately $300.
Probation Fees: Every time you report to probation, you will have to pay your court ordered probation fee. The fee ranges from $40-$60 per visit, depending on the county of conviction.
Crime Stoppers: You will have to pay a one-time payment to Crime Stoppers, ranging from $20-50, depending on the county of your conviction.
B) Community service and classes:
Community Service: Texas law mandates that you perform a minimum of 80 hours, but not more than 200 hours of community service if granted probation.
DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved DWI education course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year.
Victim Impact Panel: A course presented by M.A.D.D. This is where victims of drunk drivers speak about how their lives were adversely affected by drunk drivers.
C) Conditions set by the probation department:
Jail time with Probation: If probation is granted and you were convicted within 5 years of your 1st DWI, you must serve a minimum of 5 days in jail as a condition of your probation, depending on the county of jurisdiction.
If probation is granted and you were convicted within 10 years of your 1st DWI, you must serve a minimum 3 days in jail as a condition of your probation.
Alcohol/Drug Evaluation: You may have to be evaluated to see if you have an alcohol or drug problem. If they determine that you to have a problem, you will have to pay for any recommended treatment. Upon their recommendation, additional conditions may be added, regardless of the results of your evaluation, depending on the county your case is in.
Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or urine to determine the presence of any alcohol or drugs. You are responsible for the cost of test.
Employment: You will be ordered to maintain or find suitable employment during probation.
Commit No Crimes: Any violation of the law can result in your probation being revoked. Therefore anything above a traffic ticket will violate you.
Residence: You may be ordered to stay within the State of Texas or even within a specific county during probation. If you wish to travel, you will have to get permission from your probation officer first. If you move, you must notify your probation officer within 5 days.
D) Judicial Conditions:
Judicial Conditions: The Judge can impose any other condition they seem fit for your probation.
Deep Lung Air Device: This is formally called the "ignition interlock." In order to start your car, you have to blow into the device, and if it detects a certain amount of alcohol, it will not let you start your car. It is mandatory for all DWI 2nd cases as a requirement of your bond and may be used a condition of your probation.
Nightlife & Business Luncheons/Dinners: Only in extreme cases, but a Judge has to authority to ban you from all establishments that serves alcohol!
E) Miscellaneous:
Drivers License Suspension: Your license may be suspended for not less than 180 days to 2 years.
Additional Fees, Fines, and Costs. Surcharge to DPS: Since September 1, 2003, Texas law states that if you have been convicted of a DWI that you will have to pay the Department of Public Safety $1,500.00 a year for three years to receive your license back. If the surcharge is not paid, your license will be suspended or withheld until paid.
Insurance: If convicted, most insurance companies will consider you a high risk and may double or triple your coverage.

First DWI - Class B Misdemeanor

Range of Punishment
Jail: Confinement in the county jail for not less then 72 hours and not more then 180 days.
Fine: A fine not to exceed $2,000.
If you had an open container of alcohol in your possession when you were arrested, the minimum term of confinement is six (6) days in the county jail.
Absent dangerous facts, most people convicted of their first DWI will have their jail sentence probated, and be placed on probation. Probation can go up to 24 months, and most Texas counties offer probation for 24 months. Any violation of any condition of probation can result in your probation being revoked and (180 days) jail sentence imposed.
A) Jail time, fines, and court costs:
Jail Time: For a first DWI, this is rare, but it depends on the county you are convicted in. If your case has dangerous facts, you could be sentenced to 3 to 30 days in the county jail as a condition of probation. If your probation subsequently gets revoked, you will not receive credit for these days in jail.
Fine: You will have to pay a fine through probation. The first offense you have to pay between $600-$2000 fine for your first offense.
Court Costs: You will have to pay court costs, which will cost you around $300, depending on the county.
Probation Fees: Every time you report to probation, you will have to pay your court ordered probation fee. The fee ranges from $40-$60 per visit, depending on the county of conviction.
Crime Stoppers: You will have to pay a one-time payment to Crime Stoppers, ranging from $20-50, depending on the county of your conviction.
B) Community service and classes:
Community Service: Texas law mandates that you perform a minimum of 24 hours, and no more than 100 hours of community service if granted probation. 80 hours of community service is the norm.
DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved DWI education course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year.
Victim Impact Panel: A course presented by M.A.D.D. This is where victims of drunk drivers speak about how their lives were adversely affected by drunk drivers.
C) Conditions set by the probation department:
Monthly Reporting: You will be ordered to report to your probation officer each month. Absent an emergency, you must report. Failure to report can result in your probation being revoked and your jail sentence being activated.
Alcohol/Drug Evaluation: You may have to be evaluated to see if you have an alcohol or drug problem. If they determine that you to have a problem, you will have to pay for any recommended treatment. Upon their recommendation, additional conditions may be added, regardless of the results of your evaluation, depending on the county your case is in.
Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or urine to determine the presence of any alcohol or drugs. You are responsible for the cost of test.
Employment: You will be ordered to maintain or find suitable employment during probation.
Commit No Crimes: Any violation of the law can result in your probation being revoked. Therefore anything above a traffic ticket will violate you.
Residence: You may be ordered to stay within the State of Texas or even within a specific county during probation. If you wish to travel, you will have to get permission from your probation officer first. If you move, you must notify your probation officer within 5 days.
D) Judicial Conditions:
Judicial Conditions: The Judge can impose any other condition they seem fit for your probation.
Nightlife & Business Luncheons/Dinners: Only in extreme cases, but a Judge has to authority to ban you from all establishments that serves alcohol!
E) Miscellaneous:
Additional Fees, Fines, and Costs. Surcharge to DPS: Since September 1, 2003, Texas law states that if you have been convicted of a DWI that you will have to pay the Department of Public Safety $1,000.00 a year for three years to receive your license back. If the surcharge is not paid, your license will be suspended or withheld until paid.
Insurance: If convicted, most insurance companies will consider you a high risk and may double or triple your coverage.
If probation is granted, you will be given an Order setting out all the terms and conditions of your probation. You must comply with each and every term and condition, otherwise, your probation will be revoked and you could end up in jail.

What Will I Face if I am Convicted of DWI?

When considering to plea or to go to trial, you need to know what you face. These are the charges you are facing and see the ranges of punishment you would face:
First DWI - Class B Misdemeanor
Jail: Confinement in the county jail for not less then 72 hours and not more then 180 days.
Fine: A fine not to exceed $2,000.
Second DWI - Class A Misdemeanor
Range of PunishmentJail: Confinement in the county jail for not less then 30 days but not to exceed more than 1 year.
Fine: A fine not to exceed $4,000.
Third DWI (or more) - 3rd Degree Felony
Range of PunishmentPenitentiary: Confinement in the Texas Department of Corrections (TDC) for not less than 2 years and not more then 10 years.
Fine: A fine not to exceed $10,000.
DWI With A Minor In The Vehicle - State Jail Felony
Is defined by Texas law when a person is charged with DWI, no matter if it is the 1 st DWI, and a minor is in the vehicle.
Intoxication Assault - 3rd Degree Felony
Range of PunishmentPenitentiary: Confinement in the Texas Department of Corrections (TDC) for not less than 2 years to 10 years.
Fine: A fine not to exceed $10,000.
Intoxication Manslaughter - 2nd Degree Felony
Range of PunishmentPenitentiary: Confinement in the Texas Department of Corrections (TDC) for not less than 2years to 20 years.
Fine: A fine not to exceed $10,000.

Why it is important to find a DUI Attorney

DUI (Driving Under the Influence) is a serious offense and if you have been charged with a DUI or driving drunk you should seek legal help at once from a DUI attorney.
Each year, states enact stronger DUI laws and more severe drunk driving penalties. You could lose your driver's license, be placed in jail and fined substantial fees. Your car insurance rates may rise and you could end up with a criminal conviction on your record that could impact your future and your employment opportunities.
Using a DUI attorney or DUI Lawyer who focuses on drunk driving defense could make a difference in the outcome of your case. This is why it is important to use DUI.com to locate a qualified DUI Lawyer in your area.
DUI.com is a national directory of drunk driving defense attorneys. Most of the DUI lawyers listed in our directory are members of the National Association of Criminal Defense Lawyers and the National College of DUI Defense as well as certified in administering the standardized field sobriety test and intoxilyzer breath test. The DUI attorneys on DUI.com limit their practice to primarily DUI/DWI and drunk driving defense. It is important that you chose a criminal defense lawyer who primarily dedicates their practice to DUI defense, because they know the DUI laws and drunk driving consequences in your state. Choosing the right DUI lawyer may help you save your driver's license and get your drunk driving charge reduced or even dismissed.

The acronym "DWI" can mean two things: Driving While Impaired (by medications or other substances), or Driving While Intoxicated (this refers to alcohol). Both are illegal. DWI is a serious and sometimes expensive charge.

In some states, in addition to fees related to the DWI charge, an offender must pay for treatment programs. An offender must also pay to have their license reinstated at the end of the suspension.

If you are arrested for DWI, your license will immediately be suspended. After a period that differs in each state, an offender may be able to regain limited driving privileges, such as the ability to drive between certain hours, to travel to and from work.

As part of the process to reinstate driving privileges, some states require that the driver install an ignition interlocking system. This system analyzes the driver's breath and will not start if alcohol is detected.

All 50 states and the District of Columbia have laws which make driving with a blood alcohol content (BAC) of .08 or higher illegal. There is no legal limit for people suspected of driving while impaired by medications or other substances. In this case, the factors considered are whether the substance has affected a person's reaction time and driving ability, among others.

Most over-the-counter medications can make you drowsy and impair your ability to function as an alert driver. Many states have an implied consent law, which means that when you drive, you consent to take a breath test or other field sobriety test, and if you refuse (a common tactic), your license may be suspended or face other mandatory penalties.

Painful DWI Facts

According to the National Highway Traffic Safety Administration (NHTSA), in 2004, over 16,000 people were killed in alcohol related crashes in the United States . An alcohol related crash occurs approximately every two minutes in the US . Every thirty minutes someone dies from a drunk driving incident.

Most states in the US have been creating laws that are increasingly strict to combat the drunk driving problem. In Oregon for example, a first time DWI conviction carries a mandatory suspension of driving privileges for one year.

A second conviction carries a three-year suspension if the second offense occurred within five years of a previous conviction. In some states, a driver under the age of 18 convicted of DWI will lose their driving privileges until they are 18 or eligible for reinstatement, whichever comes later.

How do I select an attorney after I've been charged with DWI ?

Due to the severity of DWI penalties and the difficulty in winning DWI cases, it is essential to select an attorney who will provide the highest level of representation to obtain the best possible result. A Defendant should look for three critical qualities when selecting an attorney.

Firstly, DWI representation should be the focus of the attorney's practice. Any attorney can appear in Court to represent a DWI defendant. To provide the highest level of representation, however, an attorney must focus his attention on the latest cases and defense techniques . You should ask the attorney then, whether DWI is the focus of their practice, or just one of a number of areas of practice such as consumer claims, real estate closings, divorce cases or personal injury suits.

Secondly, make sure that you retain an attorney who will fight for you. A DWI attorney should be willing to try every DWI case, unless and only unless, there are good reasons not to do so. All too often, attorneys agree to defend clients and accept fees ( usually less than customary fees for DWI representation ) only to tell the client that " there is nothing that can be done " and that a guilty plea should be entered. Remember that you can not win unless you force the State to prove their case. Attorneys who are neither willing or inclined to try DWI cases, should be avoided.

Thirdly, you should retain an attorney who has made a serious effort to remain on the cutting edge of DWI law. Attorneys should constantly be attending seminars and training sessions to be current on the most recent approaches in defending clients in these cases.

What do police officers look for when searching for drunk drivers on the highways of Texas?

Police officers are trained to look for the following factors when searching for drunk drivers on the highways in Texas. This list is based on research conducted by the National Highway Traffic and Safety Administration? (NHTSA)

Turning with wide radius
Straddling center of lane marker
Appearing to be “drunk”
Almost striking object or vehicle
Weaving
Driving on other than designated roadway
Swerving
Speed more than “10" miles below speed limit
Stopping without cause in Traffic lane
Following too closely
Drifting
Tires on Center or Lane marker
Braking Erratically
Driving into Opposing or Crossing Traffic
Signaling Inconsistent with driving actions
Slow response to traffic signals
Stopping inappropriately (other than in a lane)
Turning abruptly or illegally
Accelerating or Decelerating Rapidly
Headlights off

Although police officers tend to believe speeding is a factor, speeding is not a recognized sign of Intoxication. The faster you drive, the quicker your reactions and reflexes must be as well as your judgment. Therefore, if you are speeding and appear to be driving normally, that would be indicators of sobriety rather than intoxication.

What is the difference between DWI and DUI in Texas?

Under Texas law intoxication includes the introduction of alcohol, or a controlled substance, a drug, a dangerous drug, or any combination of two or more of those substances, or any other substance into the body. In other words, Driving While Intoxicated includes all substances including alcohol. While “Driving Under the Influence” or DUI in Texas is an offense that involves minors. To be arrested in Texas for DUI, the person arrested must be a minor (anyone under the age of twenty-one) who operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. The key words are, “any detectable amount of alcohol.” Generally, an offense under this section is a Class C Misdemeanor. That is the difference between DUI and DWI in Texas. However, there are other states that use these terms differently than we do.

What is a .08 alcohol concentration?

Under Texas law "Alcohol concentration" means the number of grams of alcohol per:

(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.

Unless you are a engineer, chemist, toxicologist or an expert on alcohol and have a calculator, you will not be able to determine whether or not you have an alcohol concentration of .08 or more. The amount of alcohol in each of the above definitions is not equal. Consequently, depending on the test, one test could confirm your innocence while another insinuate your guilt with a .08 or more. A general rule of thumb is that you may have “one beer (12 oz.),” “one glass of wine (4 oz.),” or “one shot of whiskey (1.5 oz.)” per hour. These facts alone should prove the importance of hiring an experienced DWI lawyer who understands the differences.

Driving While Intoxicated (DWI) in Texas

If you have been arrested for Drunk Driving, Driving While Intoxicated, Driving Under the Influence, DWI or DUI, you need the legal advice and assistance of an experienced Texas DWI Lawyer or DWI Attorney. Call John W. Armstrong III, Attorney at Law, from Austin to San Antonio, all of Central Texas and the I-35 Corridor area to begin protecting your rights TODAY. John Armstrong can help you. John defends DWI cases in the above cities and their surrounding counties, including: Bastrop, Bell, Bexar, Caldwell, Comal, Guadalupe, Hays, Lee, McLennan, Travis, and Williamson counties. The major cities in those counties are Belton, Cedar Park, Georgetown, Giddings, Killeen, Leander, Lockhart, New Braunfels, San Marcos, Seguin, Waco, Round Rock, and Temple.

The laws in Texas regarding Driving While Intoxicated (DWI-DUI) or Drunk Driving have changed dramatically and are very strict. You are facing potential jail time and driver's license suspension. You need the advice of an experienced and aggressive Texas DWI Lawyer immediately to begin protecting your rights and save your driver's license privileges. While you are here, you need to . . .

Get the facts and know the law from a Texas Attorney for dwi defense in Austin to San Antonio, all of Central Texas and the I-35 Corridor area.

DWI FACT:

Approximately 1.4 million drivers were arrested in 2003 for driving under the influence of alcohol or narcotics. This is an arrest rate of 1 for every 135 licensed drivers in the United States (2004 data not yet available).

DWI FACT:

Over 22,000 people per year are arrested for Driving While Intoxicated along the I-35 Corridor in Central Texas specifically in Bastrop, Bell, Bexar, Caldwell, Comal, Guadalupe, Hays, Lee, McLennon, Travis, and Williamson counties).

DWI FACT:

If you are trying to get a friend or loved one out the Travis County Jail in Austin, Texas please call (877) SAY-NADA or 877-729-6232 immediately for assistance. We answer our phones 24 hours a day. We will go to the Travis County Jail and process the necessary paperwork to get your friend or loved one out of jail. Our fees are affordable and you will find my office very helpful through this difficult time. There are several different types of bonds that can be posted to get someone out of jail - Personal Bond, Cash Bond, Surety Bond or even a Hobby Release if you are trying to get someone out of jail in the middle of the night if they have been arrested for DWI.

DWI FACT:

You have fifteen (15) days after a police officer, in Texas, arrests you for Driving While Intoxicated in which to request an Administrative License Revocation Hearing (ALR) from the Texas Department of Public Safety in order to try to save your driving privileges. If you do not request a hearing within the fifteen (15) day time period your driver’s license will be suspended on the fortieth (40th) day following your arrest.

DWI FACT:

You have the right to remain silent and not answer any questions. You should never answer the officer’s questions regarding your impairment or the amount you had to drink.

DWI FACT:

In Texas, field sobriety testing is voluntary. You do not have to take any field sobriety tests whether roadside or at the police station.

DWI FACT:

The Intoxilyzer machine is a large machine and is housed at the police station. If the officer pulls out a handheld device, commonly referred to as a “Portable Breath Test” device or “PBT”, you are not required to blow in the device nor will your driver’s license be suspended for refusing to blow into the device. In fact, in Texas, the actual results of this test are not admissible in Court at your trial.

DWI FACT:

In Texas the sampling of blood, breath and urine are the three ways law enforcement officers measure the alcohol content in an individual’s body. In most situations you do not have to submit to any of these tests, unless you are under a direct court order.

DWI FACT:

If you are interviewing an attorney about your DWI case and the attorney does not mention or discuss representing you at the Administrative License Revocation (ALR) Hearing as part of his or her representation of you in the DWI case then you are not talking with an experienced DWI lawyer.

DWI FACT:

If you plead guilty you will be giving up many important rights. Do not do it unless directly advised to do so by a lawyer representing you and your best interests.

Driving While Intoxicated or “DWI”

is a very serious offense in Texas. The individual arrested today in Texas for Driving While Intoxicated, commonly referred to as DWI, faces bewildering procedures and potentially devastating punishments, i.e., suspension of driving privileges, fines, and/or jail, or prison if there are injuries, particularly if this is not that person’s first time being charged with Driving While Intoxicated as well as surcharges and devastating administrative fees. Sometimes the punishments can be more severe than some felony offenses not to mention employment opportunities destroyed as well as automobile insurance costs soaring through the roof. You should remember, DWI is the only criminal offense that uses subjective evidence for convictions — i.e., the evidence against an individual is based on the personal belief of the arresting police officer for the few minutes they are around each other.

If you or someone you know is charged with Driving While Intoxicated, the case should be discussed with an attorney who handles DWIs as opposed to someone who has handled a few or whose work is mainly some other area of the law. An attorney can discuss the specific facts of the arrest, and review the evidence that the prosecutors will rely upon at trial. In many cases, there are valid legal defenses available to these charges, and an attorney experienced in handling DWI cases is best prepared to present these defenses to the court. Contrary to popular belief, some experts as well as this author believe that both the breath machines (Intoxilyzer 5000) as well as the field sobriety tests administered by police in Driving While Intoxicated (DWI-DUI) cases are inaccurate and unreliable.

This website is designed to give you information and an overview of Driving While Intoxicated (DWI) law in Texas. Do not rely on it for legal advice, as it is not intended to help you represent yourself in your own DWI case. Neither will this website tell you how to “get off” of a DWI in the future. Please remember, every case is different depending on the facts. Be sure to consult a lawyer for your specific case.

Unfortunately, in today’s society, the acronym of DUI and DWI has become very commonplace and heard in all types of circles. Sadly, these are clear indications of the growing problem with drunk driving and alcohol related incidents. And although often interchangeable, there are differences between DUI and DWI.

Driving Above the Legal Blood Count Limit

DUI stands for Driving Under the Influence whereas DWI stands for Driving While Intoxicated. Although at first they may seem the same, DWIs are issued to those who have been driving with above the legal limit of alcohol in their system, while those issued with a DUI, constitutes a driver who is on drugs or alcohol and their ability to operate a vehicle safely has been impaired. While these are very serious offenses, there are times when a person charged with a Driving While Intoxicated offense or DUI could have the charges dismissed with the assistance of a skilled DUI attorney. It is for that reason that it’s critically important that you contact the qualified DWI attorneys at www.straightdui.com immediately.

Field and Sobriety Tests for DUI & DWI

In the matter of DUI or DWI, opinions about the incident are gathered at the scene by police officers. Once the accused has been stopped or confronted by a police officer, different types of exercises such as a sobriety test, breathalyzer test or blood alcohol tests may be administered and given to indicate whether the suspected person is in fact impaired and whether they are considered safe drivers. The alleged act is scrutinized through a field of roadside sobriety tests along with observations regarding the way the driver behaves, speaks and walks. Police officers carefully study the manner and demeanor of the driver of the automobile to determine whether they are in fact Driving under the Influence (DUI) or Driving while Intoxicated (DWI).

Alcohol Related Charges

Whether you face DUI or DWI alcohol related charges, the DUI lawyers at www.straightdui.com are here to help. Offering a host of legal solutions can be very beneficial in a crisis and can support you when determining what your next step should be. Don’t take chances by being haphazard about your DUI. If you’ve been stopped, ticketed or arrested for a DUI or a DWI, the situation is very serious. Don’t delay! Contact www.straightdui.com today and let us assist you in your hour of need.

There are two different types of drunk driving cases: DWI and DUI. Each of these has different details that make them different from each other. If you have been arrested for one of these, it would be in your best interest to know the difference between them and what the consequences are.

DUI, or Driving Under the Influence, can either be a civil case or a criminal case. A civil case of DUI means that the person that was arrested was under the age of 21. This also means that the person submitted to taking either a blood test or a breathalyzer test and was officially under the legal limit. The legal limit in the state of Texas is a BAC, or Blood Alcohol Concentration, of .08%. A criminal case of DUI means that the person was over the age of 21 and also agreed to take some kind of sobriety test and tested below the legal limit. Usually a criminal case DUI is considered a Class C misdemeanor. This means that for a first time offender there will be a fine of up to $5000 with no jail time. The judge will most likely assign you to do some type of community service along with an alcohol awareness class. If you are a repeating offender, the judge or court might consider sentencing you to a higher fine and maybe jail time because they would think that you haven't learned your lesson.

A DWI, or Driving While Intoxicated, case can be a little bit different. There are both civil cases as well as criminal cases, but they both mean different things. A civil DWI case means that the person was under the age of 21 and submitted to a sobriety test. The person must have tested above the legal limit of .08%. This can also be for those over the age of 21 that refuse to take a sobriety test. The punishment for this is usually a suspended license for up to 1 year, a fine up to $5000, and some amount of jail time depending on how many prior offenses the person has had.

A criminal DWI case gets to be a little bit more complicated than all the others. In most criminal cases, the person submits to a sobriety tests and has a BAC over the legal limit. This is usually considered a class B misdemeanor. The sentence for this misdemeanor is usually a fine with a minimum of $2000 and not less than 3 days in jail. The court will also probably require some kind of alcohol awareness training for this misdemeanor as well.

For more information, contact the Austin DWI Lawyers of Morales and Navarrete at 866-812-4596.

Joseph Devine

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