DWI Lawyers In Washington DC

The consequences and repercussions of being charged and convicted of a DUI/DWI offense in Washington DC can be very serious. Those arrested on this type of charge can expect anything from a crippling fine to a prison sentence, depending on the circumstances. Many of the people charged with DUI/DWI in Washington DC are unaware that there are various ways of challenging the situation, and with the right defense you could benefit from a reduced sentence and in some cases even dropped charges.

The first thing you need to do if you have been arrested for this type of offense is enlist the help of a Washington DC DUI/DWI lawyer. There are a number of ways in which your arrest and the circumstances surrounding it can be questioned and challenged to your advantage, and your Washington DC DUI/DWI lawyer will know which areas to target and how to get the judge to look more critically at evidence and circumstances. The assistance and expertise of a Washington DC DUI/DWI lawyer could make a big difference to the outcome of your case.

Your Washington DC DUI/DWI lawyer may question and challenge various factors relating to your arrest and the charges against you. This may include questioning the effectiveness of the equipment used to determine your blood alcohol levels, ensuring that the arrest was carried out by the book and that you were made fully aware of your rights, and challenging the evidence against you. An experienced Washington DC DUI/DWI lawyer will know exactly which areas to target, and will provide you with a sound and solid defense.

When you contact a Washington DC DUI/DWI lawyer he or she will be able to advise you on the type and nature of the penalty that you might expect based on the circumstances surrounding your arrest. The expertise and specialist skills of your lawyer could mean that you get a reduced penalty and in some cases could even result in charges against you being dropped altogether.

DWI Information & DWI Lawyers In Wyoming

Being arrested for a DUI/DWI can be a very serious thing. It can affect your life for years to come. That is why it is so important to contact a Wyoming DUI/DWI lawyer. He/She knows how to handle situations such as this and can help you in many ways. With a DUI/DWI, there can be heavy fines and in many cases jail time, not to mention how your insurance will be affected, so getting a lawyer can really pay off.

It is important to look for a Wyoming DUI/DWI lawyer with a good level of experience in this particular field, as this will mean that he or she has a good working knowledge and plenty of experience with DUI/DWI laws in Wyoming. Once you contact a Wyoming DUI/DWI lawyer you can find out more about the possible penalties you may face based upon the circumstances surrounding your case.

A Wyoming DUI/DWI lawyer knows the results of the standard field sobriety test are not always correct. They know how to use this to your benefit in a court of law. When it comes to a good defense you need someone who knows his/her way through the legal system that you are about to enter and for the best outcome you can’t enter this alone. You need a lawyer that knows all the intricacies and nuances of the legal system when dealing with DUI/DWI cases

Fighting a DUI/DWI arrest can be very difficult, as the laws relating to this type of offense have become increasingly stringent over the years. However, with an experienced Wyoming DUI/DWI lawyer fighting your corner, you stand a much better chance of being able to question areas of the case, which could make a big difference to the outcome.

Dallas DWI Attorneys – Your Best Defense

Getting charged with a DWI is a very serious offense and can carry some stiff penalties. Have you ever thought about the consequences you will face after a DWI charge? To put it simply, your world will be turned upside down. Jail time, probation, court costs, restitution fees, legal fees and insurance hikes are a few of the consequences that you will be facing. There is even the possibility of having your license suspended or revoked and your vehicle impounded. Now is the time to contact a Dallas DWI lawyer if you are facing a DWI charge.

Without a doubt, the way to avoid all of this is to not drink and drive. You will avoid the possibility of seriously injuring yourself or killing someone else. If you are unfortunate and have been charged with a DWI, there are people who will help you fight your case in a court of law. Dallas DWI attorneys are experts in DWI cases, as well as DUI cases. They know that it is the responsibility of the state to prove your guilt.

The elements, that need to be proven in your case, are what the state will present to a jury. The jury will need to follow the guidelines or laws, that are set by the judge, to apply proof to the elements that the state has gathered. A jury will give a guilty or not guilty verdict after the elements have been proven to be factual, under the laws that the judge set.

Before an arrest can be made, an officer of the law has to follow very detailed steps to determine whether or not an arrest is warranted. Chemical and field sobriety test need to done to at the scene to determine what the alcohol or drug level may be. The officer who stops you is trained extensively in all DWI testing, writing reports, handing out citations and appearing in court. On the other hand, a Dallas DWI lawyer is trained just as extensively. After all of that is done and you are in court, the judge has to determine if the officer followed the steps involved in your arrest, properly. The steps that were taken produce the elements of your case. If the officer did not follow procedures properly, then the elements may be compromised. These elements are what the Dallas DWI lawyers will challenge and make the state prove all the elements existed, without a reasonable doubt

Seeing that you are facing a DWI charge and your mental state of mind is probably not at it's best, are you ready to face a judge and a jury all your own? Most people are not and that is why it is very important that you find a Dallas DWI lawyer to help protect your rights when your case goes to court.

DWI: Challenging the Breath Test

The state of Minnesota and the State of Wisconsin currently require a person suspected of a DUI/DUI to submit to a blood, breath or urine test to determine the blood alcohol content of the subject. A refusal to submit to such a test may have more serious ramifications than a test result with a BAC over the legal limit.

The Intoxilyzer 5000 is the current breath-testing machine that is used. This is the machine that is used when a DWI/DUI suspect is taken to the police station and should not be confused with the preliminary breath test (PBT) that may be used at the scene of a DWI/DUI stop. The PBT is not admissible as evidence in Court whereas, the results of the Intoxilyzer 5000 may be critical to a prosecutor's case.

The manufacturer of the "Intoxilyzer" is CMI, a Kentucky corporation. Though the Intoxilyzer has the potential to be accurate, it is not infallible. Breath testing in general is based upon the principle that there is a direct relationship between the amount of alcohol in a person's deep lung air to amount of alcohol in the person's blood in the aveolar tissue of the lungs. Breath testing equipment is calibrated based upon the assumption that the ratio of alcohol in the air to the alcohol in the blood is 1 to 2100.

THIS RATIO IS INACCURATE BASED ON INDIVIDUAL DIFFERENCES.
Research has clearly demonstrated that the ratio between breath and blood may vary between individuals. This is critical since a person with a ratio lower than 2100 to 1 will result in an inaccurate and high blood alcohol test result from a breath sample.

BREATHING TECHNIQUES MAY AFFECT TEST RESULT
Breathing techniques may also affect the Intoxilyzer 5000 reading. A longer breath sample - over ten seconds - may result in a higher BAC reading by more than 100% since the machinery is calibrated to test a 10 second sample. Additionally, a person who breaths shallow or holds their breath may accumulate residual mouth alcohol resulting in a higher reading than their true BAC. Hyperventilation may also impair the test. The affect of breathing techniques on Intoxilyzer results was confirmed in recent research conducted at the University of Washington Department of Medicine by by Dr. Michael Hlastala.

OUTSIDE RADIO SIGNALS MAY AFFECT DEVICE
Numerous reports and scientific articles have demonstrated that the Intoxilyzer 5000 becomes unstable if it is in proximity to any other devices emitting radio waves. A police officer's radio or proximity of the machinery to the airport may cast doubt on the accuracy of test results.

MOUTH ALCOHOL AND CONTAMINATION FROM OTHER SOURCES
Today's breath testing equipment relies on and infrared analysis of the breath sample to determine how much alcohol is present in a breath sample. A major flaw in the the instrument is its inability to differentiate between alcohol in a subject�s mouth and alcohol from the lungs (the deep lung air).. analysis is that many of these instruments are non-specific for alcohol. Residual mouth alcohol can be created by having foreign objects in the subjects mouth which retain alcohol, such as denture adhesives, chewing tobacco, gum and others.

MACHINES MAY DETECT OTHER CHEMICALS AS ALCOHOL
The Intoxilyzer machine has great difficulty detecting molecules which have a similar structure to ethyl alcohol. There are many molecules in the methyl group which includes ethyl alcohol. The Intoxilyzer bombards a breath sample with infrared light. The light absorption is then tested based upon the Baer-Lambert theory stating that organic substances absorb infrared energy at different wave lengths. The wave lengths tested by the Intoxilyzer 5000 are 3.39 and 3.48 microns. However, there are a number of other similar substances that also absorb infrared light at these wave lengths. Chemicals that are commonly used in wood working or construction may be inhaled, or even a strong presence of chemicals on a person's clothing may be read by an Intoxilyzer as alcohol.

PHYSICAL DISABILITY MAY AFFECT READING
Certain illnesses or disabilities may also create chemical reactions in the body which affect an Intoxilyzer reading. A person with heartburn, liver disease or diabetes may have chemical reactions in the body that the impairs a breath sample. . The same can be said of people with certain diets, or those on certain medications. Hyperventilation or sitting in certain positions may also cause sample error on a breath test. Further, the subject�s exposure to certain chemicals such as acetone may result in an inaccurate breath alcohol test result.

BREATH TEMPERATURE MAY AFFECT READING
the temperature a person's breath may have a critical impact on the accuracy of a breath test. The Intoxilyzer 5000 is calibrated to test breath at 34 C. This is the same temperature that is used for simulator solutions. However, breath samples provided may not always register at exactly 34 C. Even a slight difference may have a critical impact. may not always. A variation of only one degree may result in a BAC reading that is 7% higher.

HOW ARE RESULTS CHALLENGED
Intoxilyzer results are challenged by reviewing intoxilyzer maintenance records, police reports and subject test results. Often, these documents will clues will provide clues to inaccurate testing. Erroneous tests may be suppressed so that they cannot be used at trial and if suppressed, may render the prosecutor's case weak and impossible to win.

Best DWI Attorney Vs A Public Defender

The best DWI attorney is the one who is able to help you successfully come out of the legal trouble you find yourself in. However, keeping in view the large number of law firms available in the market, it is certainly not cake walk to find the right lawyer for your case. There are lots of factors that you need to take into your careful consideration in this regard. You would want an legal representative who is highly qualified and experienced in his or her field of specialization.

You Cannot Hire Just Any Attorney
It is very important for you to understand that different types of legal cases that require different type of treatment. Therefore, make sure that the legal representative you are hiring has all the qualifications needed to handle the specific legal case you are caught in. For example, it is always prudent to hire an legal representative specializing in such cases rather than hiring just a legal professional who is Jack-of-all-trades. The attorney you choose must have a thorough understanding of all the aspects associated with a DWI case, which may include sobriety tests, blood alcohol limits, toxicology, psychology, and much more.

How Much Do They Charge?
A criminal defense attorney usually charges a lot more in comparison to a public defender, but it is always worth spending that much. The simple reason is that they are expert legal professionals who have specialization in handling DWI cases. When you hire them to handle your case, you simply maximize your chances of winning the judgment in your favor.

How Do They Work?
A best lawyer is much more qualified than a public defender. They know the in and out of various sorts of DWI cases. They know all the minor and major details associated with a such case, and they also know how to deal with the same. The best DWI attorney is not a different legal professional, but what gives them a winning edge over others is the fact that they work differently. They usually start by looking for the loopholes. They try to find the errors that the police may have committed. In this regard, they look into each and everything, including the arrest procedures, intimidation that may have taken place, and much more.

The best DWI attorney studies your case thoroughly and that is the reason why their defense is much stronger in comparison to the public defender.


The best Dwi attorney is a specialized legal professional who is able to help you come out of the legal troubles associated with a Dwi attorney. A Dwi defense attorney has all the qualifications needed to successfully handle a DWI case.

DWI and DUI Attorneys

DUI charges are a serious offense. There’s no doubt about it. Most charges stemming from driving under the influence of alcohol and/or drugs will result in a stiff fine, loss of your driver’s license, and even a stint in jail. If you’re arrested for DUI it’s a good idea to obtain legal counsel from one or more DUI attorneys.

Driving under the influence means that while operating your vehicle you were either impaired due to the consumption of alcohol and, or in combination with, drugs. It can also mean that your Blood Alcohol Content (BAC) exceeded a .08. To convict you of a DUI charge the police officer needs only to prove one of these elements of the offense.

The first part of the offense is driving while impaired. The presumption is that you are impaired, you cannot safely drive your car. If you were unable to operate your vehicle in a safe and legal manner and it can be showed that you were impaired by either alcohol or drugs. The officer will bring into evidence your physical state, the things you said, how you were driving and the results of any Standardized Field Sobriety Tests that you performed. These tests were developed by the National Highway Safety Administration and are very effective in allowing an officer to be able to determine that you have a BAC of .10 or mroe. If the sum total of the officer’s observations provide him with probable cause to believe you operated the vehicle while impaired, you’ll be arrested and charged.

The second part of the offense involves your Blood Alcohol Content, or the amount of alcohol in your blood, breath, or urine. If your BAC is at or above .08, there is probable cause to believe that you’ve committed the DUI offense whether you or anyone else feels that you were truly impaired. The BAC is determined by a breath, blood or urine test.

There are several ways that DUI attorneys can do you a lot of good if you’re charged with this offense.

A DUI lawyer speaks the language of the court. Many court terms have legal definitions that don’t necessarily coincide with the common usage of the word. The court room may lead you into a confusing jungle of terminology that prevents you from making your best defense.

DUI attorneys are also knowledgeable concerning DUI laws, case law, and various types of defenses. Laymen typically don’t do well in the criminal justice system because of a lack of this specialized knowledge.

DUI attorneys are also experienced in applying the law. There are many ways to defend against the charge but the defense must be crafted not only with a logical argument or series of arguments but also within the context of proper courtroom procedure. The prosecutor must prove beyond a reasonable doubt that you were operating a vehicle while under the influence of alcohol and/or drugs. DUI attorneys can win a case by creating enough doubt in the minds of the judge or the jury that the legal standard of beyond a reasonable doubt can’t be met. Chances are, you can’t accomplish this without the assistance of a DUI attorney.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Winning your DWI or DUI Case

The Criminal Case of DWI
All state s have laws that preclude drunk driving and DWI. Each year those laws are amended to include increasingly harsh penalties. Repeat offenders may face:
(1) lengthy incarceration periods,
(2) requirements to abstain from non-prescribed mood altering chemicals, drugs or alcohol;
(3) requirements to attend alcohol education classes;
(4) requirements to have a chemical use evaluation performed and follow any recommendations which may include treatment;
(5) requirements to submit to random testing for the presence of drugs or alcohol;
(6) equipping automobiles with alcohol interlock devices which preclude the automobile from running unless an alcohol free breath sample is provided;
(7) payment of fines.

These penalties are significant. However, they cost of a DWI does not end with the criminal proceedings. There are also civil penalties associated with DWI cases.

License Revocation or Cancellation - The Implied Consent
A DWI is not only a criminal case, it has a civil elements as well. Civil penalties may include license revocation/cancellation, vehicle plate impoundments, and, even vehicle forfeitures.

The license revocation/cancellation related to a DWI is a case entirely separate from the criminal matter. The revocation/cancellation period becomes longer with each successive DWI offense or Implied Consent license revocation/cancellation. After three or more DWI offenses, a driver may face a cancellation period for a number of years during which time they will be allowed no license. To reinstate license, many states require a payment of a significant filing fee, new testing on the rules of the road, as well as documentation that the driver has completed chemical abuse treatment and abstained from alcohol for a defined period. Nothing in the criminal matter will change the license revocation/cancellation period which occurs automatically unless the driver seeks a judicial review of that revocation. In many states, there is a very short timeline after the revocation/cancellation occurs to seek a review of that license revocation/cancellation.

There are also additional consequences when a driver has a number of DWI convictions or Implied Consent violations. In addition to losing a driver's license, a driver may find their automobile insurance cancelled. They may also face plate impoundments and vehicle forfeitures. A vehicle forfeiture means that the city or state may take the driver's vehicle without providing them any compensation for it. Driver's with serial violations may also be issued a restricted license when they reinstate. A restricted license, called a "B" card in some states, includes a lifetime restriction against ANY consumption of alcohol if the driver wishes to obtain and/or retain a driver's license.

Collateral Consequences
People who simply plead guilty to a DWI offense without consulting an experienced lawyer often ignore or are ignorant to the significant consequences of their plea. A DWI conviction has a very indelible effect on a criminal and driving record which can have significant collateral consequences. Even one offense can affect a person's employability ore even their chances for a work promotion. A DWI may also prevent even simple trips out of the country with countries like Canada that have immigration rules that preclude entry to those convicted of a DWI.

Defenses on a DWI Case
Too many people feel that there is no hope in a DWI case and, as a result, simply choose to throw in the towel and enter a plea of guilty. In many cases, that would be a mistake. The fact is there are many challenges to a DWI. The defenses depend on the particular set of facts in each case. That means a detailed review of all evidence, including police reports, police videos, audio recordings and testing records related to blood alcohol levels is imperative. Often, hidden defenses are found through a thorough review of all evidence.

The fact is that Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.

**SOURCE CODE DEFENSES APPROVED BY MINNESOTA SUPREME COURT!!**

Even more compelling, on April 30, 2009, the Minnesota Supreme Court issued a decision related computerized source codes of breath testing devices that has added a new facet to the DWI defense attorney's ability to seek a dismissal of DWI charges by suppressing any breath test results.

Other points of a defense analysis include:
• Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid;

• Probable Cause to arrest and charge. The officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid;

• Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed;

• Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary from true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

When charged with a DWI offense, it is important to seek an aggressive attorney who has remained current on the developing law with respect to DWI issues. There are many practitioners who handle DWI cases without understanding many of the nuances of DWI defense.

Houston DWI Lawyers

Nationwide, each state has its own set of stringent rules and laws when it comes to driving under the influence of drugs or alcohol. Driving while intoxicated is a serious offense, and punishment can have lasting consequences on your life and criminal record. Driving under the influence of alcohol or drugs should be avoided at all costs, however, if accused of a DWI, people must quickly seek the counsel of an experienced Drunk Driving Arrest Lawyer.

A DWI conviction carries with it serious consequences and can affect the life of the alleged accuser in many negative ways. If a driver is held on a routine drunk driving stop and the police officer suspects intoxication, field sobriety tests will be requested of the driver. Faced with such situation the driver will also be asked to go through simple physical or cognitive tests to determine sobriety. The legal limit of alcohol is the blood is under.08 percent – over.08 and a person is considered legally intoxicated. The alleged individual may be required to undergo a chemical testing that includes blood testing, urine testing and breath testing. The Intoxylizer machine that works on infrared light absorption is used to detect alcohol in a person's breath. But Intoxylizer often misinterprets other commonly found substances in human breath and shows erroneous results. Often the accused lose their driver’s license. In cases like intoxicated manslaughter and intoxicated assault, incarceration is possible and the freedom of an individual is at stake.

Since a DWI charge is not an easy offense, hiring an experienced Houston DWI lawyer is of vital importance. Only an experiencedt Drunk Driving Arrest Lawyer can guide one through resulting legal process. With the help of Administrative License Revocation hearing commonly known as ALR Hearings, the DWI lawyer can challenge the suspension of the license. A competent DWI lawyer finds the loopholes in the blood/alcohol testing process and brings to the the defense aspects and the possible errors involved in the testing process.. Therefore, earlier the help of a skilled and aggressive Houston criminal lawyer is sought the brighter are the chances of avoiding conviction and paying heavy fines.

Experienced and aggressive criminal defense and DWI attorneys will guide you through the legal process of defense against DWI’s and related charges. Though there are many choices of law firms, and lawyers can be easily found through online resources or through the yellow pages, it is important to do a bit of homework before hiring a Drunk Driving Arrest Lawyer. Some of them have brilliant track records regarding DWI law proceedings. But it is always advisable to conduct a background check about the authentication and proficiency of the lawyer before hiring. After all, only a good criminal lawyer can better handle the legal intricacies and bring back the smile on the client’s face!

So, you have been arrested for DWI in Texas?

You must have been told at least a thousands times that you should not attempt to drive if in case you are drunk, or you are on drugs. But, when somebody gets into the close situation of Dwi, it becomes important to look for a dwi attorney.

In New York, the rule is getting ever stricter with persons who are convicted of drunk driving. If you are arrested for charges on Driving While Intoxicated or DWI for the first time in New York, you would be uncertain about the court proceedings that would follow after that. In that case, it is best to hire a New York dwi attorney. Dwi law in New York is very complex and you must take no chances. You can face hefty fines, probation, revocation of your license and a dramatic rise in your automobile insurance rates. You may even be sentenced to some jail time. Therefore, it is important to hire a defense New York dwi attorney who has experience in this area of law.

Same is the case in Minnesota. If you are convicted if dwi in the city then selecting a Minnesota DWI attorney you are making a difficult and important decision. The attorney you select will greatly influence your case no matter how strong or weak you believe your defense to be.

Once you're arrested for DUI in Texas, you will have to seek the help of a Attorney DWI Texas who is well furnished with all the state laws and traffic regulations. After you are caught, a copy of your license suspensions is sent to the Department of Motor Vehicles or DMV along with your sworn statement. If the authority finds no basis to suspend your license, then it will be issued back to you. Or if not, then you are in for trouble!

The first thing to do is to hire a Texas Dwi attorney who could do the hearing for you. It's your chance to plead your case and this is done by the Texas dwi attorney
on your behalf.

One of the most important factors that you should take care of while selecting dwi attorneys, in any city like Missouri, Maryland, Mexico, Massachusetts is that he should be an experienced dwi attorney. Experienced DWI attorneys understand the process, understand the law, and understand the system in place - all of which are critical to the potential success of your defense.

An experienced DWI attorney will understand which defenses work best, which defenses tend to be weaker and how to best present the defense. An experienced Attorney DWI will also know what works best with the judge assigned to your case and that could prove to be pivotal.

Hiring a DWI Lawyer

DWI is an all too familiar problem in most areas of the world today. The problem is that not enough people realize, until after the fact, just how devastating drinking and driving can be. DWI affects both the person that was driving while intoxicated as well as the people that they affect while doing so. The result is that there are often two types of people who need Dallas DWI attorneys: those who were driving while intoxicated and those who were negatively affected by their actions.

If you were driving while intoxicated and you were arrested for doing so, you may need a lawyer. If this is your first offense and you did not cause any bodily or property damage you may be able to go in front of the judge and apologize for your actions and get off with little punishment. However, if you caused bodily or property damage to anyone or if this is not your first offense chances are you will need a lawyer.

When you are the one who was driving while intoxicated and you have caused some sort of damage you will need a lawyer to hopefully help you make sense or at least control the punishment that is handed down to you. A lawyer can often help you to persuade the court to keep you out of jail so you can continue to go to work. If the offense is particularly serious, your lawyer may just be able to reduce the amount of time that you spend in jail and the actual charges that end up on your permanent criminal record, which is important.

While many people assume that a Dallas DWI lawyer is only needed by those that have committed DWI, this is not the case. If you have been the victim of a DWI you may find that there are also attorney’s that practice law to help people like you get what they deserve from the drunk driver. The lawyer will help you understand your rights under the law and help you recoup any losses that you may have suffered. Many people don’t think about the losses that they incur after being the victim of a DWI but there are a lot of them. You may not only have the loss of property, you may have missed time at work which means lost wages, you may have medical bills, not to mention the pain and suffering that you have gone through.

A DWI lawyer can help you get some compensation for all that you have lost. They can also help you ensure that the person who was driving while intoxicated gets the maximum punishment for their offense. Without a lawyer on the side of the victim, they are often left suffering long after the accident has occurred.

DWI: Minnesota's Implied Consent Law

On August 1, 2005, the legal limit of blood alcohol concentration was reduced to .08. from the previous limitation of .10. If you test with a blood alcohol content greater than that amount you will not only be charged with a criminal offense in violation of the state's drunk driving (DWI,DUI ) laws, but in an entirely separate civil proceeding, your driver's license will be revoked under the state's implied consent laws.

Minnesota's implied consent law states that if you drive, operate, or are in physical control of a motor vehicle within the state including on any lakes or waters, you consent to a chemical test of your blood, breath, or urine to determine the presence of alcohol, a controlled substance, or a hazardous substance.

Under the law, a refusal to submit to testing, either through a blood, breath, or urine sample, will result in the immediate revocation of your driving privileges. In fact, the consequence of a refusal is usually greater than the consequence of taking breath, blood or urine test and failing by having a Blood Alcohol Content (BAC) greater than the legal limit. In addition to the civil ramifications of license revocation, a refusal to test is also a crime with greater penalties than related criminal offenses for having a BAC over the legal limit.

Often, refusal cases are far more difficult to win unless it can be shown that the refusal was reasonable. There are many instances when that may occur including a physical inability to comply or for other reasons related to the way the test was offered. However, in most cases, it is better to submit to testing.

If you test with a blood alcohol content in excess of the legal limit, your driver's license will be revoked or cancelled. The length of that revocation depends on:

The number of DWI or DUI convictions the driver has had;
The number of implied consent violations the driver has had; and
The driver's Blood Alcohol Level for the current violation.
The revocation periods are summarized below. In this summary, the term "prior offense" may mean a DWI/DUI, an implied consent violation, or another enhancement based on Minnesota statutes.

First offense, refusal to test: one year revocation, eligible for limited license after 15 days.
First offense, test result between 0.08% and 0.19%: 90 day revocation, eligible for limited license after 15 days.
First offense, test result 0.20% or more: 180 day revocation, eligible for limited license after 30 days.
Second offense within five years of a prior offense, driver refuses alcohol testing: one year revocation, eligible for limited license after 6 months.
Second offense within five years of a prior offense, test result between 0.08% and 0.19%: 180 day revocation, eligible for limited license after 90 days.
Second offense within five years of a prior offense, test result 0.20% or more: one year revocation, eligible for limited license after 6 months.
Second offense with one prior offense more than five years old, driver refuses alcohol testing: one year revocation, eligible for limited license after 6 months.
Second offense with one prior offense more than five years old, test result between 0.08% and 0.19%: 90 day revocation, not eligible for limited license.
Second offense with one prior offense more than five years old, test result 0.20% or more: 180 day revocation, not eligible for limited license.
Third or fourth offenses, if there are no prior offenses within the previous five years and the driver has not had a previous "special review" with the Department of Public Safety, test result between 0.08% and 0.19%: 180 day revocation, eligible for limited license after 90 days, test result 0.20% or more: one year revocation, eligible for limited license after 6 months.
It is important to recognize that far more severe consequences may apply to a driver under the age of 21 or to a driver of a commercial vehicle. An person under the age of 21 will have their license revoked for no less than six months and the revocation may be significantly longer if the driver is under the age of 18 and has a provisional driver's license.

There are many challenges to a license revocation, just like there are many challenges to a DWI charge itself. It is important to recognize that challenging the license revocation is a separate case from the criminal DWI proceeding. the Court in the criminal proceeding cannot do anything to impact your license revocation and, by failing to challenge the license revocation, you would have an implied consent violation on your record that, for all intents and purposes, is the same thing as a DWI. That is true even if you win on your DWI case. To challenge you license revocation there are also very short timelines. A petition for judicial review must be filed within thirty (3) days from the date of the revocation. As a result, this should be done immediately. In counties such as Hennepin and Ramsey, there is a distinct advantage to filing as early as possible.

There are many challenges to a DWI and the license revocation. In fact, they are too numerous to list in their entirety here. Generally, however, officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.

Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid;

Probable Cause to arrest and charge. the officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid;

Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed;

Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary fro true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

Before a person can legally drive after a license revocation, his driver's license must be reinstated. Reinstatement is not automatic and the driver must apply to have their license restored by following rules that are set up by the Minnesota Department of Public Safety (DPS). Generally, reinstatement occurs as follows:

Take and pass a written test regarding alcohol and drugs and their effect on driving ability;
Pay an reinstatement fee, which is currently $680.00 as of August 1, 2005 plus an additional application fee.
For serial DWI offenders, documentation of rehabilitation and attendance at an alcohol education class is necessary.
A driver that has been revoked may often seek seek a "Limited License" before their license is reinstated. This license is expressly for school or work purposes. The driver must interview with interview with a Driver's License Evaluator at a Department of Public Safety office and demonstrate that they are in school or working at that taking other forms of public transportation to work is not feasible.

Texas DWI Lawyers in Austin – Helping People in Legal Matters

An Austin TX DWI lawyer spotlights on the security of federal and state criminals blamed of dui. Their performance expands to the state courts in Texas and also the federal courts of Austin. These legal representatives such as Federal crimes that are white-collar crimes, drugs and Narcotics, which are dangerous, and various other Federal and State offenses handle various different matters. Listed beneath these crimes are some issues such as Federal Tax crime, health care deception, bank deception, misappropriation and insurance deception as well as crimes associated with computer. Other stern crimes are assault, sexual crimes, murder and crimes associated with drug.

An Austin Texas DWI legal representative also looks into cases about intoxicated driving or for driving under the pressure of a gist, which is intoxicating. The legal representative assists their customer in stopping their authorization from being suspended or canceled, and symbolizes their client at the investigation. The legal representative could also call for the discharge of the case or its removal and also would argue that there is a practical exemption for the need.

For those who have an illegal case pending and require a legal representative to stand for them or would like some explanation on some illegal issue, they could make contact with any of the Austin Texas DWI lawyers by conducting a meeting with them.

In the group of Federal Drug cases, distribution or possession of a great deal of drugs that are against the law and importing or manufacturing them could accuse the human being in an illegal crime. In the midst of the white-collar offense fake business contracts are the main reason for the people to be blamed of illegal crimes. Austin Texas legal representatives handle such cases and if the defendant is initiated to be responsible can be punished by the United States government beneath their guiding principle.

For intoxicating driving in Texas, an individual who is entrusting this misdeed for the first time can be punished for a time span of six months together with a fine. As the number of times this crime is recurring both the amount payable as a fine and the jail punishment will continue to increase. Their driving certificate can also be suspended if the defendant rejects to go through an alcohol test of breath, blood and urine, after being found accountable for a DWI criminal act. As a result it is good to get an experienced DWI legal representative.
Experienced Dallas DWI Attorney and Texas criminal defense lawyer handling contested DWI DUI arrest charge in Dallas. It's mission to become #1 website for texas dui attorneys and Frisco dwi searches

Maryland DWI Laws

There are two different types of charges for drunk driving cases in the state of Maryland. They are based on the amount you have had to drink and they vary in severity of consequences.

You will be charged with driving under the influence (DUI) if your blood alcohol level (BAC) is .08 or greater. You will be charged with driving while impaired (DWI) if your BAC is at a level of .07.

When the police suspect you have been drinking, they will ask you to perform a field sobriety test to assess your reaction time, coordination, and reflexes. During this test, they will also evaluate you for other signs of intoxication, including:

Prescription Medication & Avoiding Arrest in Texas for DWI

A little known fact in Texas is that ingesting valid prescription medications can result in an arrest for driving while intoxicated even though no alcohol is present in your system. It seems counterintuitive when thinking about driving while intoxicated, which is typically associated with drinking alcohol, due to the constant barrage of television commercials and roadway signs about drinking and driving.

"Intoxication" is defined under the laws of Texas as any of the three following ways: (1) loss of your normal mental faculties; (2) loss of your normal physical faculties; or (3) having a blood alcohol level of 0.08. The latter method would not apply to a case involving prescription medication or illegal substances. Thus, the first two definitions show the stark reality of being charged with driving while intoxicated due to prescription medication by losing either the normal use of your mental faculties or physical faculties or both.

Importantly, there is no distinction whatsoever under Texas law regarding the actual substance that causes intoxication. The substance used can be an illegal drug such as cocaine or methamphetamine, but it also can be a completely legitimate prescription received from a licensed physician. Further, prosecutors are no longer required to prove what the alleged intoxicant was; it simply does not have to be identified at all. This extremely low threshold leads to arrests of individuals whom had no idea that following their doctors’ advice would end up with them being arrested and require an experienced criminal lawyer to defend your case in court. Criminal lawyer in Houston can help you to solve your law related problems.

Please consult with an attorney immediately if you have been arrested for Driving While Intoxicated. Author and criminal defense attorney, Gary S. Miller, has the knowledge and experience to fight the charges against you. Mr. Miller has tried over twenty-five jury trials and resolved thousands of cases. For more information contact to criminal defense houston.

Criminal lawyer houston Gary S. Miller is a former Chief Prosecutor in Harris County, which gives him a distinct advantage by knowing the prosecutors and judges in Harris County and how the criminal system works in Houston, Texas and throughout all courts in Texas. Mr. Miller has been a guest lecturer on criminal legal matters at Thurgood Marshall School of Law in Houston, Texas.

Learn Few Basics Before You Choose a DUI/DWI Lawyer

Across the USA, the most common crime booked in a year, by far, is DUI. Driving while intoxicated is no minor matter. A person can get anything from a warning to jail time. DUI can start as a misdemeanor and escalate into a felonious crime by degree; however, no matter what degree of culpability you face, DUI can turn your world upside-down.

Nearly 1.4 million drivers are arrested for driving under the influence of alcohol or drugs every year. While this is a serious charge, if you are arrested for a DUI you have rights that you need to protect. DUI comes under criminal law. Besides hefty fines, alcohol programs and community

service, you might also get a serious punishment like jail term. Taking the right steps after DUI arrest, is the only way to get out of trouble.

All about DUI Laws:The DUI laws have a commonality in the following areas. DUI starts under between .08 to .10 blood alcohol levels, and then kicks into DUI at between .08 to .10 blood alcohol levels. These levels are doubly indemnifying for all drivers in the US less than 21 years of age. Depending on the state, a person may have their driver's license suspended any length of time from seven days to three years. Fines for DUI across the country range from $250.00 to $2500.00.

The punishment depends on factors like:

State where you were arrestedIf you refused to take a BAC level test

What was your BAC level

If this is the first time you have been caught

If there were children with you in the vehicle or in the vicinity

If you were caught speeding

If there was any accident, damage or injury involved

According to DUI laws, the legal consequences of the offense can be:

License revocation or suspension: This punishment is regardless of the criminal charges you might face under DUI laws. In 41 states and District of Columbia there are administrative license suspension laws. Under these laws, if the driver fails or refuses to take a chemical test, his license is taken away before conviction.

Ignition interlocks: Some states allow offenders to drive only if their vehicles are equipped with ignition interlocks. This gadget looks for traces of alcohol in driver's breath and upon confirmation, it shuts down the ignition.

Vehicle seizure: In some states, drunk driving may entail seizure of the vehicle.

Fines: They vary from state to state. Fines can be anywhere between $200 to $2000 and onwards.

Jail: Repeat offenders are more at risk of inviting a jail term. But that does not mean that a first timer is safe from it as a lot depends on how serious his cases is.

Other punishments include mandatory attendance at alcohol education programs and community service.

If you are arrested for DUI, then hiring a DUI lawyer proves to be the best decision. Driving under the influence can have serious consequences on you if you are involved in a car accident. You may face consequences like jail or prison, penalties or fines, vehicle impoundments, etc. The DUI lawyer is familiar with the intricacies and procedures involved with DUI charges and are your best bet if you find yourself in such a predicament.

How do Texas DWI Law Firms Work??

It is not an unfamiliar situation that at night on your way back to home after a dinner at your friend’s place you are stopped by the police and been asked to give a sobriety test. If they find you intoxicated then you will be charged and arrested for DWI and also they will suspend your license. In this case, you will have to appear in front of the district judge.

If you are convicted of DWI and if it is your first time then hopefully you would not be sent to prison but will be ordered to pay fine and perform community services. The judge may also order you to attend an alcohol education course. If you are in such a situation you should hire an experienced and successful Texas DWI lawyer or Texas DUI attorney. These Texas DWI lawyers are highly experienced in handling cases of drunk driving charges.There are many Texas Criminal Law Firms and Texas DWI Law Firms.

The DWI laws actually fall under the Criminal Laws, but the Texas DWI Law Firms are considered the best because they have renowned Texas DWI lawyers and Texas DUI attorneys to take such cases.The charges you may face while driving being drunk could be driving while intoxicated, intoxication assault, endangering a child or any other case related to drunk and drive. These Texas DWI law firms also help you by dealing with Department of Public Safety during the Administrative License Revocation Hearings and try to get an occupational license for you so that you can at least drive for your job during the trial session.If you search through the Internet you will find out Texas DWI Law Firm, Texas DUI Law Firm, Dallas DWI Law Firm and you will also find out the names of well-known DWI attorneys.

These Law Firms and DWI attorneys may even guide you and provide you with some tips on how to get out of the whole mess. If you visit the websites of any Dallas DWI Law Firm or a Texas DWI Law Firm you will be able to register your name and details and hire a DWI or DUI attorney for your case.These Texas DWI law firms handle clients within the geographical area of Texas. You can hire Texas DWI attorney to handle your trial if you live in places like Houston, San Antonio, Austin, Conroe or in any other part of Texas. Since Dallas is the most popular place in Texas you can also search the net with key words like Dallas DWI law firm or Dallas DUI attorney etc.

So if you, your friend or any of your family members are in such a trouble, then contact a Texas DWI law firm or a Texas DWI attorney to get rid of this problem.

Can a person be charged with a felony DWI if there is child in the vehicle when they are arrested by the police?

Yes. Effective September 1, 2003, the 78TH Texas Legislature passed a law that makes a DWI punishable as a felony, if there is a child younger than fourteen (14) years old in the vehicle when a person is stopped and arrested.

Someone mentioned to me that Texas has increased its fines for DWI or that it passed a "Surcharge" for individuals convicted of DWI? Is this some sort

Contrary to media reports, the 78TH Texas Legislature did not increase fines. However, the Legislature did pass a "Surcharge" or an administrative fee under a law known as the "Driver Responsibility Act," that took effect on September 1, 2003. The fees under this law are strictly administrative in nature, and are above and beyond, any fines, court costs, probation fees or filing fees that the State already receives in a DWI case. The law basically requires any person convicted after September 1, 2003 of a first offense DWI to pay the State of Texas a "surcharge" in the amount of $1,000.00 per year for three years to keep their drivers license; or any person convicted of a second offense DWI to pay the State of Texas a "surcharge" of $1,500.00 per year for three years to keep their drivers license; or any person convicted of an offense of DWI, that has a test result of .16 or higher with a breath or blood test, to pay $2,000.00 per year for three years to keep their drivers license. These fees are paid to the Department of Public Safety and if not paid within the designated time allowed, the person will automatically lose their driver’s license or the privilege to obtain a driver's license until the money is paid.

What is the difference between deferred adjudication and Probation?

First, Texas classifies both of these punishments as "community service," — one is called "Deferred Adjudication Community Service" and the other is called just "Community Service" or what we used to call "probation." Second, Deferred Adjudication is a punishment that an individual can only receive from the Judge and never a jury, whereas probation can be received from either a Judge or a Jury. Third, in a Deferred Adjudication situation, the Judge defers a finding of guilty against an individual and places that person on community service without entering judgment of guilty. On the other hand, under the punishment known as "probation", the person is found or judged "guilty" and sentenced, but the sentence is then probated. With probation the individual is actually convicted, but the sentence is probated, whereas with the "Deferred Adjudication" the person is not convicted, but is placed on community service. However, as stated in Question 24, Deferred Adjudication is not a punishment option in a DWI case in Texas. If some attorney mentions to you that it might be available or tells you that it is, then you are not talking with a DWI Attorney.

Could I receive a probation if I am convicted of DWI?

Yes, depending on your prior criminal history, the facts surrounding your case, etc. and whether you meet the minimum requirements under Texas law — for "community service" or "probation:" Those minimum requirements are: 1) That you have never been convicted of a felony offense in this State, another state or the United States; and you have never been given adult "community service" or "probation" for a felony offense in this State, another state or the United States.

Someone said I could get " Deferred Adjudication" if I am charged with a DWI is that correct?

No. DWI is one of a few of crimes in Texas where Deferred Adjudication is not available under the law as a punishment option.

Can you drive a commercial motor vehicle with an occupational or restricted license?

No, if a person’s driver license or the privilege to drive is suspended, revoked, cancelled, or denied under any law in this state, the person may not be granted an occupational, restricted or “essential need” license to operate a commercial motor vehicle.

What happens if my SR-22 is cancelled?

Once the Texas Department of Public Safety (DPS) receives notification from the insurance company that the policy is cancelled, terminated, or lapses appropriate enforcement action may be taken. If the SR-22 is still required and there is not a valid SR-22 on file, you again face the possibility that your driving privilege and vehicle registration will be suspended. Additionally, the Court may withdraw its original court order granting you the restricted license.

Can an insurance card or insurance policy be accepted toward the requirement of filing the SR-22?

No, when proof of financial responsibility is required, form SR-22 must be filed to meet the compliance requirements with the DPS.

If I do not own a car, can an SR-22 be obtained?

You do not need to own a car to buy this kind of insurance. If you do not own a car, please contact an insurance agent/company of your choice and talk to them about a non-owner SR-22.

What is an SR-22 and how can I obtain an SR-22?

An SR-22 insurance policy is a certificate of insurance that shows the Texas Department of Public Safety (DPS) proof of insurance for the future, as required by law. SR-22 insurance is not necessarily "high risk" insurance. It is motor vehicle liability insurance which requires the insurance company to certify coverage to DPS, and the insurance company must notify DPS anytime the policy is cancelled, terminated or lapses. You may contact an insurance agent/company of your choice who is authorized to write liability insurance for the State of Texas.

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.

Is the Order from the court the actual occupational or restricted license?

No, this is the order granting the occupational license. The court order and all other required items need to be submitted to the Texas Department of Public Safety (DPS) so an occupational or restricted license can be issued. The court order may be used as a temporary restricted license for 30 days from the date of the judge’s signature while DPS processes the occupational license, and is to be kept in the glove box of the motor vehicle you operate.

What is an occupational or restricted license?

An occupational or restricted license is a special restricted license authorized by a Court, and issued to persons whose license has been suspended or revoked for certain offenses. This restricted or occupational license authorizes the operation of a non-commercial motor vehicle in connection with a person’s occupation, for educational purposes or in the performance of essential household duties.

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.

Is it legal to drink alcohol while driving an automobile? What about having an open container in the vehicle?

No, it is a Class C Misdemeanor for a driver to have an open container of alcohol in his or her personal possession while operating a motor vehicle. It is also illegal for any passenger to have an open container of alcohol in their possession. However, if you are the passenger in a taxicab, limousine, bus, or in the living quarters of a mobile home, you can legally consume alcohol while being driven around.

If you go to a party and take a bottle of wine, beer or liquor, and leave the party with them you can be ticketed for possessing an open container of alcohol. In order to legitimately carry a bottle of wine, beer or liquor, the seal must not be broken. If the seal is broken, the only other legitimate way to carry the bottle is put in the trunk of your car, or if you are in a truck or SUV, then it must go behind the last row of seats. However, my advice is to leave the alcohol at the party when you leave

How long will a DWI arrest stay on my record?

If you are convicted for the DWI, even if you receive probation, it will remain on your record “FOREVER.” If you are found “Not Guilty” at your trial, you can have the arrest and the DWI charge “expunged” from your record

Can my drivers license also be suspended if I am convicted of Driving While Intoxicated?

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!

What happens if I refuse or fail to take one of these chemical tests?

Basically, If a person refuses or fails a blood or breath test following an arrest for driving while intoxicated, the person may receive a license suspension of 90 days up to 2 years, depending on the number of alcohol related contacts the person has had in the past. More importantly, whether you take a test, or you refuse one that the police offer, you only have 15 days after your arrest to request a hearing to fight to keep your license from being suspended. This is one of the reasons it is important to request a hearing before the State Office of Administrative Hearings to stop the Texas Department of Public Safety (DPS) from attempting to administratively (civilly) suspend your license. Again, calling an experienced DWI lawyer immediately after your arrest is important!

Should I take a blood, breath or urine test?

Most of us who are experienced DWI Attorneys agree that the above tests are not completely accurate and therefore should not be taken. According to most experts of the three tests, the blood test is the most accurate, but it is too time consuming for police officers to use. The Breath test is the easiest for the officer, because the machine is available and already housed at the police station. The urine sample is the least accurate by all accounts.

However, if you agree to take one of these chemical tests for the police, remember that you are then entitled to request your own independent test, so you need to request a blood test also. Most police officers will not provide you with that information. Therefore, calling an experienced DWI lawyer immediately after your arrest is important!

What should I do if the police ask me to take “Field Sobriety Tests”?

Understand the police want you to help them make their case against you stronger. By performing field sobriety tests, you are simply helping the police manufacture evidence against you. Be aware that they fully intend on using this evidence against you in court . Therefore, taking an Horizontal Gaze Nystagmus (HGN) test (the pen test), the Walk and Turn (walk the straight line), the One Leg Stand test, or any other evaluation test on the street is usually not a good idea. Most experts agree that police officers are not trained well enough to accurately interpret the symptoms observed while administering these street evaluations. This doesn't mean that you need to be rude or nasty to an officer if he asks you to do some Field Sobriety Tests. Again, it is much better that you be courteous, respectful and "respectfully decline" all tests

Do I have a right to an attorney when I am stopped for a DWI investigation?

The law in Texas provides that persons stopped for DWI initially do not have the right to an attorney. In fact, you do not have a right to speak to a lawyer until after the initial investigation on the street is complete and you have been taken to jail. Most citizens do not understand that after their arrest, they are not entitled to speak to a lawyer when confronted with the decision of taking or refusing a blood, breath or urine test. Keep in mind, that it is still a good idea to request a lawyer when you are first stopped by the police and you want to continue requesting to talk with your attorney before continuing further with any of the police officers other requests.

What signs of intoxication do police officers look for after stopping someone on the roadside?

Police officers are taught to look for the following symptoms of impairment. This list is based on research conducted by the National Highway Traffic and Safety Administration (NHTSA).

Flushed face
Red, watery, glassy or bloodshot eyes
Odor of alcohol on breath
Slurred Speech
Fumbling with wallet while trying to get license
Failure to comprehend officer's questions
Unsteady of feet while exiting vehicle
Swaying while standing
Leaning on car for support
Being combative, argumentative or jovial while talking with officer
Disheveled clothing
Lack of awareness in regards to time and place
Unable to follow police instructions

If I'm stopped by the police, should I answer any questions regarding drinking?

You are not required to answer questions that are designed to be incriminating. In a police encounter, a simple request to speak to your attorney before answering questions, would be an appropriate response. However, informing the officer that you had one or two alcoholic beverages should not be harmful since it usually would not cause a person to be impaired. This response may explain away the odor of alcohol on your breath. Always remain calm, and be courteous and respectful at all times. Always remember that after stopping you and approaching your vehicle, the officer is probably already recording your discussion and actions on video without your knowledge.

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 limiStopping without cause in Traffic lan
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

How can I calculate my alcohol concentration?

THE FOLLOWING BAC CALCULATOR IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT TO BE RELIED ON FOR THE PURPOSES OF CONSUMING ALCOHOL AND THEN DRIVING.
Estimate your Blood/Breath Alcohol Level.
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. Also refer to the answer in question number two

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

What is the definition of intoxication in Texas?

"Intoxication" under Texas law means:
(A) not having the normal use of [one’s] 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 substance into the body; or
(B) not having the normal use of [one’s] 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 substance into the body; or(C) [a person] having an alcohol concentration of 0.08 or more.
It should be noted, that theoretically the prosecutor only needs to prove one of the three ways in order to obtain a conviction. For example, if the jury believes the person has lost their physical faculties, although they have not lost their mental faculties and there is no blood or breath test, theoretically that person could be found guilty. That is not always the case, generally, if the evidence only shows the loss of either the mental or physical faculties, and not both, there is usually a logical explanation for that loss and the result should be they are not intoxicated.

DUI vs. DWI in Texas

The first thing that a person must understand after having been arrested for DUI
or DWI is that there are two separate cases pending against them. The first case is
the Driving Under the Influence (DUI) or Driving While Intoxiacted (DWI) civil
case and the second is the DUI or DWI criminal case.

Driving Under the Influence:

Driving Under the Influence - Civil Case:
Texas has long been known as a “zero tolerance” state meaning that minors
(anyone under 21 years of age) are not permitted to consume any alcohol and
drive a vehicle.
The Department of Public Safety adheres to this public policy and will suspend
the driver’s license of any minor who is found to be operating a vehicle after
consuming any amount of alcohol. In other words, if an officer testifies that he
could smell and odor of alcohol coming from a minor’s breath the Department of
Public Safety can suspend the license automatically for 60 - 120 days. Generally,
an officer will simply give a citation to a minor if he feels that they have only
consumed a small amount of alcohol and release them to an adult. However, if
the officer feels that the minor is possibly intoxicated, that individual can be
arrested for DWI.
Intoxication is not an element of Driving Under the Influence. If an ALR hearing
is requested, the Department of Public Safety is only required to prove that the
officer had 1) a reason to stop the car and 2) a reason to believe that the minor
had consumed any amount of alcohol.


Driving Under the Influance - Criminal Case:
Driving Under the Influence is a Class “C” misdemeanor punishable by a
maximum fine of $500.00, but no time in jail, for a first time offender. Repeat
offenders would be subject to higher fines and the possibility of jail time.
Probation, alcohol assessments and classes, as well as, community service are
also required by most prosecutors.


Driving While Intoxicated:
Driving While Intoxicated is a common criminal offense which affects all types of
individuals. The penalties for DWI are dependent upon the severity of the offense
as well as an individual’s history. DWI convictions are enhanceable offenses,
meaning that an old conviction will be considered in punishment of a second
conviction. The same is true for any license suspension which may occur after an
arrest.
Intoxication can occur in one of two ways in Texas. If a person provides a
specimen of blood, breath, or urine which shows a blood alcohol concentration
(BAC) of .08 or great at the time of driving then they are intoxicated by law.
Likewise a person may be intoxicated because of a loss of their normal use of
mental or physical faculties by introduction of alcohol, illegal drugs, prescription
drugs or a combination of these.
DWI encompasses numerous types of vehicles including automobiles, boats,
planes, amusement park equipment and other water vessels. If a person is shown
to be operating any of these while intoxicated they risk serious consequences.
Minors can also be arrested for DWI. If a person is under 21 years of age and is
operating a motor vehicle, they will be subject to the same penalties as an adult in
both the criminal and civil case with one exception, the license suspension for a
minor who provides a specimen above a 0.08 will be for 60 days instead of 90
days.

Driving While Intoxicated - Civil Case:
A person who is arrested for a DWI can face significant automatic license
suspensions. If a person who submits to a breath or blood test has a blood alcohol
concentration (BAC) at or above a 0.08, DPS will try and suspend the person’s
driver’s license for a minimum 90 days to a maximum 1 year. If a person has a
previous alcohol related contact, like a DWI, within ten years and they provide a
specimen, DPS will attempt to suspend the person’s license for a term of not less
than one (1) year.
If, a person refuses to provide a specimen of breath or blood, DPS will try to
suspend a person’t driver’s license for no less than 180 days and mo more than 2
years. In the case of a refusal, actions as well as words can be considered refusing
to provide a specimen. The officer is not required to obtain a “no” or “I refuse”, in
order to make that determination. In fact, requesting an attorney or not
answering at all can also be considered a refusal. These license suspensions are
completely independent of the criminal case. The burden on the Department is
extraordinarily low and most people arrested for DWI suffer through some type
of license suspension. If a person has a previous alcohol related contact, like a
DWI, within ten years and refuse to provide a specimen, their license will be
suspended for a term of not less than two (2) years.


Driving While Intoxicated - Criminal Case:
If this is a first time arrest for DWI, it will be classified as a Class “B”
misdemeanor. The punishment range for a Class “B” DWI is not less than three
(3) days in jail and a two thousand dollar ($2000) fine. As with DUI, alcohol
education classes, community service, probation and court costs are all
possibilities when facing a DWI conviction.
An additional license suspension, independent of the civil case, may also occur as
a result of a DWI conviction. Because this is an enhanceable offense, the
punishment for subsequent DWIs will included significant jail time, fines and
community service hours.
The Texas Legislature has also recently enacted a law which requires that the
Department of Public Safety collect a surcharge from any individual convicted of
DWI. This surcharge is a fee entirely separate from your criminal or civil case. If a
person refused to provide a specimen or provided a specimen under 0.15, then
they must pay a surcharge of $1,000 a year for three (3) years after being
convicted of DWI. If a person provided a specimen of 0.16 or above, the
surcharge is $2,000 a year for three (3) years. If the surcharge is not paid it can
result in further license suspensions or cancellation of a person’s driver’s license
altogether.

The 10 biggest mistakes most people make after being arrested for a DWI in Texas . . . and how to avoid them.

1. Not taking the matter seriously. This is a charge that will follow you for the rest of your life, if you are convicted. The additional insurance charges alone could cost you thousands of dollars.

2. Not hiring an attorney. The law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winable case can quickly become a loser.

3. Hiring an attorney based on the amount of the fee alone. The State of Texas has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you go too low, your attorney will not be able to put in the time necessary to protect you. Look for a reasonable, predictable fee, not the lowest.

4. Not complying with driver's license laws. You could lose your right to drive.

5. Driving after your license has been taken away.

6. Not taking full advantage of your constitutional rights.

7. Taking the prosecutor's first offer. The first offer is not a bargain, it's just to get rid of your case with the least amount of work. Very few cases are dismissed or reduced to a non-alcohol charge at this stage. You do not give the judge an opportunity to rule on constitutional challenges. You give up your right to raise these issues and make the State prove it's case.

8. Fail to appear in Court. The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.

9. Talk to anyone but an attorney about your case. Anything you say to them can be used against you.

10. Think that talking to numerous attorneys will help you handle it on your own. You need to have an attorney

53 Things YOU Need to Know about Your DWI Case that NO ONE is Telling YOU

4 things the County Attorney does not want you to know :
He does not have all the witnesses available to prove his case.
He has exculpatory evidence which would prove your innocence.
He has evidentiary problems in proving your blood alcohol level.
He's bluffing.

6 of the facts that must be proved before you can be found guilty:
Your identity
Of a motor vehicle
As a driver operating a motor vehicle in a public place
In the state of Texas, while
Your blood alcohol level was over the texas dwi limit or
You lost the normal use of your physical or mental faculties.

What you must do immediately to preserve your right to drive:
The arresting officer should have provided you with paperwork about the suspension of your driver's license(notice of suspension).
You have 15 days from the date the notice was served to request a hearing to contest the suspension or your license will be automatically suspended.

10 questions your attorney must ask you.
What your itinerary was prior to arrest.
Your consumption of alcoholic beverages.
Your observations of the officer.
The officer's stated reasons for stopping you.
Whether the officer asked or ordered you to take roadside tests.
Your performance on roadside tests.
Statements you made to the officer.
What the results were of any breath or blood tests.
Whether there were witnesses to your arrest.
Whether you were observed prior to a breath test,

What are the 4 items crucial to your defense?
A good investigation of the facts.
Vigorous cross-examination.
A sound understanding of constitutional principles.
An attorney who is knowledgeable in the area of Texas DWI law.

Why a jury trial is advisable:
Six people have to agree on your guilt instead of one in a misdemeanor DWI, twelve in a felony DWI.

What is necessary to get a jury trial?
You automatically have a right to a jury trial.

How the arresting officer's testimony can be discredited:
Inconsistent statements.
Failure to recollect.
Inability to conduct the Standardized Field Sobriety Tests in the prescribed manner.

5 requirements which must be followed for chemical and roadside tests to be valid:
The officer must have had a reasonable suspicion that you were violating the law.
The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
The officer must inform you of your rights concerning a breath or blood test.
The officer must have probable cause before he arrests you and before he requires you to take a blood or breath test.
The officer must give you your Miranda rights after you are arrested, if he is going to interrogate you.

What are the 2 key pieces of information which must be learned in deciding to go to trial?
An estimation of the weaknesses and strengths of the State's case against you.
The effect of a conviction.

How to determine if you can plea bargain, and at what step you should do it.
It's a cost benefit analysis. How much do you have to defend your case?

What effect will this arrest have on my license and when will I be able to drive?
If your blood alcohol was over the legal limit or you refused a test, you may not be able to drive at all for a long period of time.

How to save your license if you're found guilty in court?
Request an occupational license if your license is suspended.

What 4 preliminary motions should be filed, and the danger to you if they aren't.
Motion to suppress evidence on the ground that you were unconstitutionally stopped.
Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
Motion to suppress statements on failure to give Miranda rights.
Motion for Discovery of all evidence.

If these motions are not filed, your case may not be dismissed when it should have been. You may not be told about evidence which would prove your innocence.

7 defense tactics in pre-trial motions:
Contest the constitutionality of the stop.
Contest the constitutionality of the administration of roadside tests.
Contest the constitutionality of the probable cause to arrest.
Contest the constitutionality of the Miranda rights.
Contest the manner in which roadside tests were given
Contest the use of any blood or breath test.
Contest the constitutionality of any search and seizure.

Frequently Asked Questions in Texas DWI Cases

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. I am such a lawyer. 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?
Yes. I own two of my own Intoxilyzer 5000 machines. To the average criminal defense attorney, a breath test above the legal limit
means "plead guilty" from the beginning, even though they will not tell you this until after the fee has been paid. 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.