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Driving While Intoxicated DWI / DUI / Drunk Driving


IF YOU HAVE BEEN ARRESTED FOR DWI OR DUI IN TEXAS

FOR DRIVING WHILE INTOXICATED - DWI

YOU ARE GOING TO HAVE MANY QUESTIONS....

How will this arrest affect my job and how will this look to my family and friends?

Did I do the right thing by refusing the breath test? Should I have refused all the tests or asked for a blood test?

How do I look on the video?

I told the officer I had four drinks. Does that mean I was intoxicated?

What is an Administrative License Revocation Hearing?

Did the officer have the right to pull me over?

Am I going to lose my driver's license, I need to drive to work?

What is an Occupational Driver's License?

Am I going to have to pay DWI Surcharges?

The officer seemed like he wanted to arrest me from the beginning and he didn't read me my rights?

What does probation mean? Am I eligible?

If I take this case to trial what are my chances of winning?

These are excellent questions to discuss with a lawyer. Each case is different and a lawyer will look at the specific facts of your case to make an assessment. In Texas, a person commits the offense of Driving While Intoxicated if the person is intoxicated while operating a motor vehicle in a public place. The term "intoxicated" is defined as not having the normal use of your mental or physical faculties by reason of the introduction of alcohol or any other substance into your body or having an alcohol concentration of 0.08 or more. A first time offense is a class B misdemeanor. Harsher penalties are provided for repeat offenders or drivers with children in the vehicle at the time of the offense.

The first thing you should know is that a skilled criminal defense lawyer can help you get through this process and answer your questions. If you are anxious because you have never been through anything like this before, just know that your anxiety is normal. DWI is a serious crime and you are going to need the advice of a lawyer who can help move your case in the right direction. The first step in the process is hiring the right lawyer.

You need to know your rights and how to exercise those rights. You may choose to position your case by challenging the officer during a pre-trial hearing. Your lawyer will want to discover the officer's reasons for stopping your car. The officer needs a reasonable suspicion to stop you before anything further takes place. If the officer did not make a valid stop, the evidence against you may be suppressed. Similarly, care must be given to any statements you or the officer may have made to see if these statements might be subject to exclusion. DWI is a crime of opinion. When the officer does not have a reasonable belief that you were intoxicated, the court could terminate the case at a pre-trial hearing. Your defense lawyer needs to examine the officer's conduct to ensure that your rights are protected.

More DWI cases go to trial than just about any other type of criminal case. The reason for this is that the police are often mistaken in their observations of signs of intoxication. Their job is to make quick decisions on the side of the road. These decisions can be reviewed by a judge or jury. A police officer's mistaken belief that you are intoxicated does not mean you are guilty. You have the right to question the officer's arrest and you are frequently better off challenging the arrest than agreeing to a prosecutor's plea bargain.

By retaining an attorney today, you will be aware of your rights! Police reports, breath test results, and video tape will be reviewed in an effort to uncover possible defenses that you may not be aware of.