Plano Criminal Defense Attorney

Blog Posts in 2016

  • Are DWI Checkpoints Legal in Texas?

    In Texas, as well as across the United States, it is against the law to operate a motor vehicle with a blood alcohol content (BAC) or 0.08% or higher. However, the use of driving while intoxicated (DWI) checkpoints by law enforcement is another story. This has proven to be a divisive issue and in the U.S., 38 states allow DWI checkpoints while 12 do not. Texas belongs to the latter category. ...
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  • Why Is It Important to Fight Your DWI Charge?

    One of the most commonly asked questions attorneys receive regarding driving while intoxicated (DWI) charges is “why should I fight my DWI case?” When faced with breath or blood test evidence, field sobriety test results, and officer testimonies, many people simply believe that a conviction is inevitable and that they have no choice but to accept the consequences. The answer is simple: if you do ...
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  • Have You Been Wrongly Accused of Domestic Violence?

    When the police are called to investigate a report of domestic or family violence , in many cases, they cannot leave the property without making an arrest. This is supposed to be a step to ensure that the violence or an assault doesn’t happen again as soon as they leave, but what does it do when the claim of domestic violence is entirely fabricated? In the end, it only creates the unreasonable ...
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  • How to Beat a DWI Charge

    There is no such thing as an unbeatable charge, no matter what the police or prosecution claim. The whole purpose of the criminal justice system, jury trials, and hearings before judges is deciding whether or not someone’s charges are justified, or if they should be dismissed. So if you get arrested for driving while intoxicated ( DWI ) in Texas, you must remember that there is hope for your ...
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  • What is the Difference Between Misdemeanors & Felonies?

    If you want to increase the strength of your defense against criminal charges, it helps tremendously to know what you have been accused of doing. Does your charge say it is a misdemeanor ? Or is it a felony accusation you are facing? Understanding the differences between misdemeanors and felonies is something that everyone should know, especially before stepping into the courtroom. Misdemeanor & ...
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  • DWI Avoidance

    Protect Your Rights During a DWI Stop Imagine you’re the designated driver on a Saturday night. Perhaps you only had a couple beers and feel perfectly confident to drive your friends home. All designated drivers face a challenge: they must be able to concentrate when driving with rowdy people in their vehicle. Under these circumstances, it’s easy to accidentally roll through a stop sign, misjudge ...
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  • About DWI Driver's License Suspensions in Texas

    The DWI license suspension period varies. In most Texas DWI first offense misdemeanors, there is no driver’s license suspension if your attorney negotiates a plea deal for DWI probation. However, a Texas DWI conviction for driving while intoxicated under the age of 21 many times results in an automatic suspension for one year. Texas Transportation Code 521.344, if the person arrested for DWI in ...
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  • DWI Classes - Texas DWI Education Program

    Article 42.12, Section 13 (h), Code of Criminal Procedure requires persons convicted of first offense DWI and receiving probation, to attend and successfully complete a DWI educational program. Failure to complete the program within 180 days (unless and extension given) from the date probation was granted will result in the offender’s license being revoked. The standardized program is 12 hours in ...
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  • Can You Refuse a DWI Blood Draw in Texas?

    Q: Are search warrants to physically extract a blood sample legal when a DWI arrestee refuses to give blood/breath sample when asked? For now, yes. Generally speaking, the mandatory taking of a blood sample under the new Texas “no refusal” law has been upheld by a Texas court (wrongfully, in my opinion) as a “reasonable search and seizure” within the scope of the Fourth Amendment to the United ...
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  • Are DWI Breath Tests Admissible in Court?

    People throughout the United States-especially Texas DWI lawyers-are concerned about the relibability of breathalzer tests. There are two types of Breathalyzer tests used by the police and sheriff departments in Dallas and Collin County: the roadside breath test device, and the Intoxiylzer5000. The roadside breath test is so unreliable that a good Plano DWI lawyer will be able to keep the results ...
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  • What You Need to Know About DWI ALR Hearings

    The Texas Department of Public Safety (DPS) will attempt to suspend the driver’s license of a person arrested for DUI who either refused to submit to a DUI breath test or failed the DUI breath test (or blood test). This is known as the "Administrative License Revocation" (ALR) process. The bottom line is this: You have 15 days from the date of your arrest to have an attorney request an ALR Hearing ...
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  • You Can Refuse a Breathalyzer Test, But Not a Blood Warrant

    You have the right NOT to incriminate yourself under the 5 th Amendment of the United States Constitution, meaning you cannot be compelled to “dig your own ditch”-so to speak-by the police. Therefore, you can (and probably should) refuse to take the breath test if you have had more than a couple of drinks and don’t know if you will pass. The best excuse to give the police is to tell them (and the ...
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  • What Are the DWI Probation Requirements in Texas?

    Probation is a binding agreement between you and the judge where the judge agrees not to send you to jail on a DWI conviction (if you please guilty, for example) in exchange for your agreement to fulfill the terms of your Texas DWI probation. This period of time is called the “probationary period”. It can be up to 2 years on a Texas DWI first offense , but we routinely do much better than that for ...
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  • DWI License Surcharges in Dallas or Collin County, Texas

    A little known but quite substantial cost of DWI is in the form of surcharges applied by the Texas Department of Public Safety (DPS). If you plead guilty to a Texas DWI charge, you will have to pay an annual surcharge to DPS for three years in the following amounts: First offense driving while intoxicated (DWI) - $1,000 annual surcharge Second or Third DWI - $1,500 annual surcharge DWI with BAC > ...
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  • DWI License Consequences for Adults & Minors in Texas

    Drivers License Suspensions following a DWI Arrest In Texas, you will lose your driver's license if you fail or refuse to take the Breath Test The only question is, "for how long?" The answer depends on two things: (1) your age, and (2) whether you failed or refused to take the Breathalyzer Test. FOR ADULTS (21 and up) If you failed the Breathalyzer Test (blew .08 or above), you will lose your ...
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