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.