FREE DWI EVALUATION
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
³tough² 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 ³his story² 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 Driverıs
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.
Can you get my DWI
case dismissed?
It would be unethical for me to promise that I will get your DWI case dismissed.
That being said, my goal will be to get your case
dismissed,
keep your record clean, and prevent you from losing your freedom, dignity, and
license to drive.
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