In order to determine the possible exposure you face or that is faced by a family member or a friend, you must first know the exact charge against the accused.

For example, are you charged with a “DWI 1st ?”

For a DWI 1st – the very maximum jail sentence is 180 days.

Or is the charge “Intoxication assault”?

An Intoxication Assault Charge is a DWI Charge can be set forth by the State of Texas where the accused by virtue of his impairment causes serious bodily injury to another, for which the maximum jail sentence is 10 years. While it may seem obvious, in many cases it is not always easy to know what charges the State may or will proceed on. Even if you are certain what DWI charges are applicable to your case, many other factors will determine what the ultimate penalty you are facing will be.

Other factors that must be considered include, the circumstances of the arrest, whether an accident occurred, the extent of the alleged impairment, whether a breath or blood sample was provided, the training and experience of the officers, and the practices and policies of the judge and the assistant DA assigned to your case. However, while each of these factors is important, the most important factor, by far, is the expertise and experience of the person advocating on your behalf! Call now for a free review and consultation.

It is important to understand that for each DWI offense, Texas statutes specify a range of penalties. Upon conviction for a DWI/DUI offense, courts may impose any penalties that fall within the state mandated ranges for the particular offense in question. REMEMBER: Proceed with Caution. It is nearly impossible for an unrepresented person to get more than a very vague and general idea of the actual extent of their liability without the involvement of a knowledgeable DWI attorney. Consequently, the below material is provided merely as a general outline of Texas law primarily to underscore the importance of having a lawyer review your case – In other words, BE SMART! Do not use this information to make important decisions about your case without the involvement of an experienced attorney!

DWI 1st Offense:

In Texas a first time DWI is a class B misdemeanor. Despite classification as a misdemeanor, this is a serious charge with repercussions that literally last a lifetime.

If charged with a “first time” DWI you are facing confinement, community supervision (probation), and fines. Upon conviction of DWI 1st, your license is automatically suspended for a period from 90 days up to one year, and the judge WILL sentence you to:

• pay a fine of up to $2,000;
• perform between 24 and 100 hrs of community service; and
• serve a period of confinement of not less than 72 hours to no more than 180 days in jail (usually no jail sentence is actually served; rather, the period of confinement is suspended (or “probated”) during the period of community supervision. Still, a court may order confinement);
• successfully complete up to 2 years of community supervision* and all required conditions** thereof.

DWI 1st Open Container:

This charge is also a class B misdemeanor.

If charged with a “first time” DWI and there was an open container in your vehicle at the time of arrest, all of the same above DWI penalties apply except the minimum term of confinement is six days instead of 72 hours.

DWI 2nd Offense:

Second time DWIs are class A misdemeanors which afford the sentencing court a wider range of possible penalties. Such a charge is appropriate when the accused has previously been convicted of a DWI, (or of operating a boat, aircraft, or amusement ride while intoxicated). Persons charged with a second time DWI who are released from jail on bond after their arrest are required to install and maintain (read as “pay for”), in all their vehicles, a device that uses a deep lung breath analysis mechanism (a.k.a. “ignition interlock”) to prevent the operation (car won’t even start) of the vehicle if alcohol is detected on the operators breath. These devices are highly sophisticated and can’t be circumvented by obvious means such as having somebody else blow into them or disconnecting them from their power source. In fact, such deception while very common, is nearly always discovered, and often results in bond revocation and pre-trial confinement. If convicted, the devices remain in the vehicle throughout the term of community supervision.

• Upon conviction of DWI 2nd, your license is automatically suspended for a period from 180 days up to two years, and the judge WILL sentence you to:
• serve a period of confinement of not less than 30 days to no more than one year in jail (unlike DWI 1st , with this offense it is likely that some period of confinement will be served the duration of which varies widely depending on a number of factors);
• pay a fine of up to $4,000;
• perform between 80 and 200 hrs of community service; and
• successfully complete up to 2 years of community supervision* and all required conditions** thereof.

DWI with child passenger:

A DWI with child passenger is a State-Jail Felony. Such a charge is appropriate where a person drives while intoxicated and there is another person in the vehicle who is under 15 years of age. Note, given the extensive range of penalties available in felony cases, it is useless to speculate about what a court might impose. Rather, all the facts and circumstances must be considered by an attorney who can advise you about the unique characteristics of your case. In addition to the consequences outlined for misdemeanors above, the court will order you to:

• serve a period of confinement of not less than 180 days to no more than two years in jail;
• pay a fine of up to $10,000;
• successfully complete up to 10 years of community supervision* and all required conditions** thereof.

DWI 3rd Offense Felony:

If a person has two or more previous DWI convictions, the current DWI may, and in all probability will, be charged as a 3rd degree felony. Any felony case requires the immediate attention of an experienced attorney. Call Now! For this charge, In addition to the consequences outlined for misdemeanors above, the court will order you to:

• serve a period of confinement of not less than two to no more than ten years in jail (a person convicted on these charges will almost certainly serve time);
• pay a fine of up to $10,000;
• successfully complete up to 10 years of community supervision* and all required conditions** thereof.

Intoxication Assault: 3rd degree felony

This charge is appropriate where serious bodily injury occurs as a consequence of a driver’s intoxication. Again, any felony case requires the immediate attention of an experienced attorney.

Call Now.

For this charge, you are facing a period of confinement of not less than two to no more than ten years in the Texas Department of Criminal Justice, Institutional Division (Penitentiary). If you are facing an intoxication assault charge your freedom is in serious jeopardy and you are in critical need of advice from an experienced attorney.

Call Now.

Intoxication Manslaughter: 2nd degree felony:

This charge is appropriate where death occurs as a consequence of a driver’s intoxication. Again, any felony case requires the immediate attention of an experienced attorney. Call Now! For a charge of Intoxication Manslaughter, the accused is facing a period of confinement of not less than two to no more than twenty years in the Texas Department of Criminal Justice, Institutional Division (Penitentiary). If you are facing an intoxication manslaughter charge your freedom is in serious jeopardy.

Call our Law Firm – Now – 210-222-2288.

It is important to understand that under Texas Law individuals arrested for DWI can be charged with either a felony or a misdemeanor. Determining whether you, a family member or an employee will be facing a misdemeanor or a felony will depend on several facts, including:

1. Whether there was a car wreck and the severity of the crash;
2. Whether the individual charged has a prior DWI or DUI; and/ or
3. Whether the accused had a child passenger in the vehicle.

If you, a family member, or a friend has been arrested call our Law Firm, day or night, at 210-222-2288 or 1800-862-1260.

Many do not realize that the most common intoxicated-driving charge in Texas is driving while intoxicated or (DWI). A DWI criminal charge can carry very serious criminal penalties and secondary effects, including:

• Probation
• In some cases, Jail Time or Prison
• Community service
• Testing and possible alcohol education classes
• Driver’s license suspension or revocation
• Fines of up to $2,000 just for the first offense
• Attending a MADD Victim Impact panel
• Alcohol assessment and possible treatment
• Seizure or impoundment of your car or truck
• Skyrocketing auto insurance payments or cancellation of your policy
• A permanent criminal record
• Restitution to accident victims not covered by insurance
• In some cases, a breathalyzer on your ignition
• In some cases, restrictions on your ability to move, change jobs or drink legally

If you have been arrested for DWI or you have been arrested for an alcohol-related or driving-related offense, such as driving with an open container, speeding or intoxication assault, call our Law Firm ASAP. The Professional Attorneys with our Law Firm know and understand the law, especially how law enforcement uses the law.

Our Law Firm knows what it takes to not only defend a DWI case, but how to attack a DWI investigation. We raise effective challenges to the original traffic stop, challenge field sobriety tests, question breath test protocols, and show the illegitimacy of blood alcohol specimens. We systematically address and attack each of these issues.

We can also help you with a license suspension hearing, or occupational driver’s license (ODL) issues, Administrative License Revocation (ALR) hearings and/or Texas Department of Public Safety Hearings.

Our Pros are here to help:

• No-cost, obligation-free case evaluation meetings.
• A record of acquittals and other successful defenses going back more than two decades.
• Help with bail bonds and emergency hearings seven days a week and 24 hours a day.
• Personalized Service.

Serious Breathalyzer Flaws

Many cases rely on the results of a breath test, often called a breathalyzer, to attempt to prove their case to a jury. If the results of a breath test are the only evidence in a case, there’s a good chance that our Team can challenge the accuracy of the alleged results. More and more often, evolving science can show that breath tests are unreliable.

Most people do not realize that a Breathalyzer makes multiple assumptions about the individuals being tested. Further, the equipment assumes ideal environmental conditions and the competency of the operator for the machine to give a “valid” result. If you can show that one or more of those assumptions are wrong, then you may have a case that should be tried to a jury.

Call a Pro at 210-222-2288 or fill out the form on this site, DWIPROS.com and speak with an experienced, professional DWI Attorney. Call us now, we can help.

Contact our Firm for experienced representation, if you have been charged with driving while intoxicated (DWI).

All first consultations are always free. Call or email us today.

In Texas there is a new and alarming trend in Driving While Intoxicated (“DWI”) prosecutions. The State, Prosecutors, and Law Enforcement have made a concerted effort to target DWI intoxication by drugs. This effort doesn’t only affect those who use illegal narcotics, but individuals are taking legally prescribed medication. Common medications such as, Xanax, Valium and other legally prescribed pharmaceuticals are increasingly prevalent among the general population. Thus, the common citizen who believes that they are following the letter of the law and abiding by their doctor’s orders are finding themselves facing serious charges. The State brings these cases and will attempt to show that an individual became intoxicated solely drugs or a combination of drugs and alcohol. The over-reaching arm of the State is now targeting individuals who ingest even a small amount of alcohol and follow their doctor’s recommendation for the appropriate level of medication. This is why it is important to have the right Law Firm by your side.

In a typical intoxication case that alleges the intoxication by drugs, the police will have a Drug Recognition Expert (“DRE”) to evaluate a citizen and claim later at trial that the individuals was under the influence of drugs at the time of driving. However, your attorney should and must questions the merit of the Officer’s evaluation, whether he followed correct procedures, and the overall quality of the investigation. DRE Officers, like everyone else, make mistakes in their evaluations and it is critical that you have a DWI PRO by your side to ask the tough questions. It is also important to know that in these cases the State will attempt and often does draw blood from the individual accused. Prosecutors will then later try to use these results against you at trial. While the State will claim these results are infallible, they are not. It is important to have an attorney by your side that will challenge both the validity of the alleged results and their legal admissibility in Court. Often times, the Prosecutors will not be able to get an expert to conclude that the amount of drugs in an individual’s system actually caused intoxication. Further, your attorney must call into question and challenge, among other things, the procedures used to draw the blood, the qualifications of the person taking the blood, and the experience of the person testing the blood. Ultimately, this new trend in law enforcement is affecting citizens from all walks of life and it is important that you have an attorney that knows the law and will fight for you. Call a DWI Pro today (210) 222-2288

The Implied Consent rule provides for license suspensions to be longer for any refusal to submit to a breath or blood test. The Officer must inform you both orally and in writing of the consequences of refusing to provide a sample of breath or blood. If you refuse to provide a specimen, your license to drive will be suspended for a longer period. However, your attorney can and should request an Administrative License Revocation (“ALR”) hearing to try and get your license to drive back as soon as possible. Be aware that it is CRITICAL that your attorney request a hearing for you within 15 days of your arrest. Fighting a license suspension is a serious matter because so much of our lives revolve around getting in the car and being able to go anywhere. It is extremely important to have a DWI PRO guiding you. Contact a DWI PRO so that we can fully explain the obstacles and paths to getting you on the road again.

On the other hand, a DWI is an offense that requires that State to prove that an individual has lost their normal mental faculties; lost their normal physical faculties; and/or has a blood alcohol concentration of .08 or more. The serious and draconian consequences of a DWI conviction our dealt with more specifically on other parts of our site, but it is undoubtedly a serious matter. If you or a loved one has a DWI, call a DWI PRO to help guide you through this difficult period. It is also important to note that these crimes are not mutually exclusive. A minor can be charged with DWI and have a DUI out of the same occurrence. This can occur if the State can show 1) that the person is underage and has a detectable amount of alcohol in their system while driving; and 2) that they were also driving a motor vehicle while intoxicated. Such prosecutions are not barred by the Double Jeopardy clause of either the U.S. Constitution or Texas Constitution. In order to address either of these issues it is important to have a Law Firm that will be there for you and your family in a time of need. Call a DWI PRO today (210) 222-2288.

Texas law provides the ability to challenge a license suspension by requesting an Administrative License Revocation (ALR) hearing within fifteen (15) days from the date of arrest. This subject is dealt with more specifically on other parts of our website. However, since there is such little time for an individual to request an ALR hearing, they often miss the deadline. It is important to remember that this is not the end of the road. Texas law provides that an individual can apply for an Occupational License in certain circumstances. The Texas Transportation Code outlines the requirements and procedures that one needs to follow in order to secure an Occupational License. These steps include:

1. Drafting and Filing a Petition with the Court that has Jurisdiction;
2. Obtaining a special form of insurance (SR-22);
3. Presentation in front the Judge whose Court your case is in; and
4. Sending the Court Order and other documents to DPS

Once you receive your Occupational License you will be able to travel to work, school, and places that are related to basic household duties. This license will allow you to drive up to twelve (12) hours on a given day. Hire a DWI PRO today by calling (210) 222-2288 to ensure that you are able to function and continue living your life while your case is handled with care by our team of professionals.

What most drivers don’t realize is that in Texas we have an Implied Consent Statute. What an Implied Consent Statute basically states is that when we signed up for our driver’s licenses we agreed that upon being arrested for suspicion of Driving While Intoxicated we have implicitly agreed to provide a blood or breath specimen. Longer license suspensions are involved for those who refuse to provide this specimen.

You or your attorney must request an ALR hearing within fifteen (15) days from the date of arrest. The ALR hearing will differ depending on whether there was a refusal to provide a specimen or whether a specimen was provided and it indicated a blood alcohol concentration of .08 or more (.08 gm/210 L of breath or .08 gm/ 100 ml of blood)

If an Individual refused to provide a specimen the Department of Public Safety will have to prove:

1. There was reasonable suspicion to stop the vehicle or probable cause to arrest the driver;
2. That probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public case while intoxicated
3. That the driver was placed under arrest and the requirements of 724 of the Transportation Code were followed. Specifically, that the driver was placed under arrest and was offered the opportunity to provide a breath or blood specimen after being notified both orally and in writing of the consequences of either refusing to provide a breath or blood sample; and
4. That the driver refused to provide a specimen on the request of the officer.

It is important to note that if an Individual is deemed to have refused for purposes of these hearings if the individual attempted to provide a specimen and was unable to provide a sufficient sample as measured by the machine, requested an attorney, or simply took too long in deciding whether or not to provide a sample. If an individual provided a sample and an analysis of that specimen yielded a blood alcohol concentration of .08 or more, the Department of Public Safety will attempt to prove that:

1. There was reasonable suspicion to stop the vehicle or probable cause to arrest the driver;
2. That probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public case while intoxicated and;
3. That while driving or in physical control of a motor vehicle in a public place, the driver had an alcohol concentration of .08 or more.

The period of possible license suspension varies by the circumstances of an individual’s arrest, their past encounters with the law, and their age. Because of the intricacies required to effectively deal with DPS and ALR hearings, it is vital that you hire a DWI Professional at (210) 222-2288 to assist you in dealing with these hearings

First, exercise your Right to Remain Silent. Too often, people believe that they can talk their way out of any circumstance. This often leaves the individual in a worse spot at trial than they would have been had they simply exercised this right. The State will attempt to argue either that you were bargaining with the Officer because you knew you were guilty, or that the talkative behavior you displayed was a product of intoxication. When an officer either places you under arrest by reading you your rights or reads section 724 of the Transportation Code that requests a sample of your breath or blood it is highly unlikely that he or she will then change his mind, especially due to anything you say. It is important that you exercise this Constitutional Right so that you and your DWI PRO give the State less to argue with at trial.

Also, it is important to remember that you have the physical ability to refuse a breath test. The State cannot force you to breath into a machine. A substantial and sustained deep air lung sample is required to produce a result for an Intoxilyzer machine and the State lacks the ability to make you provide a sufficient breath specimen. While longer license suspensions are attached to refusing a breath test, it is important to remember your already under arrest at this point. Anything you provide at this point is simply ammo for the State to use against you at trial. Many people think that if they provide a breath sample and are cooperative that the Officer will let them go. The Intoxilyzer 5000 (breath test machine) is at the police station. Thus, you are already under arrest, downtown and ready to be processed by the time that you are asked to provide a breath specimen. The breath test machine, like any other, breaks and is not %100 percent reliable. While a breath test case is not undefeatable, the State’s case becomes significantly weaker without a sample.

Remember the above mentioned information. Many people believe that simply being cooperative will get them out of a DWI arrest. This is not the case. It is important to be polite, but always look towards protecting your own interests and rights. Call a DWI PRO today at (210) 222-2288 to help you fight your DWI arrest.