Plano Criminal Defense Attorney

Recent Posts in DWI Category

  • Avoid a DWI This Thanksgiving

    Thanksgiving is a joyous holiday, surrounded by family, food, and football. Unfortunately, Thanksgiving is also the most dangerous days of the year to be driving. According to a study conducted by Forbes, Thanksgiving has the highest number of traffic fatalities each year—mainly due to intoxicated drivers. Mothers Against Drunk Driving (MADD) states that the proportion of people killed in drunk ...
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  • What Happens at an ALR Hearing in Texas?

    If you fail a breath or blood test or refuse to take one after a DWI arrest in Texas, your driver’s license may be subject to automatic license suspension between 90 days and two years. Fortunately, you may be eligible to regain your driving privileges via an Administration License Revocation (ALR) hearing. How to Request a Hearing In Texas, the ALR Program is a civil administrative process that ...
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  • Common DWI Myths

    Many people who are stopped for a DWI in Texas have various misconceptions about drunk driving or ways to beat the system. Unfortunately, false information can be regarded as truth. People often buy into stories they hear from friends and this can have adverse consequences. If you ever have any doubts about your situation, you should contact an experienced criminal defense lawyer. It is critical ...
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  • Defenses to DWI Charges

    Whether it is your first time or your fourth time, getting charged with a DWI in Texas can be a frightening and stressful experience. Fortunately, a charge does not mean you are automatically guilty of the crime. You still have a chance to avoid serving severe penalties by hiring an experienced criminal defense lawyer who can build a strong and personalized defense strategy to either reduce your ...
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  • DWI Checkpoints in Texas

    Nationwide, the subject of DWI checkpoints is a hotly-debated issue, with some contesting that it violates the individual’s constitutional rights. Currently, 38 states allow these checks; however, 12 states do not, Texas being one of the latter. This means that it is illegal to be arrested for DWI based on a roadblock or sobriety checkpoint, which is considered a type of illegal search and seizure ...
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  • How a Prescription Drug Could Lead to DWI Penalties

    Everyone knows that driving after becoming intoxicated with alcohol can lead to DWI charges. What some might not know is that driving after you take your prescription meds could have the same outcome. In Texas, DWI charges aren’t reserved only for drunk drivers, but for drivers who have become impaired due to any substance. Common Prescription Drugs Leading to DWI Charges This doesn’t mean that ...
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  • Are Field Sobriety Tests Accurate?

    Since police officers in Texas and across the country use field sobriety tests to establish probable cause in DWI arrests, many people believe that these tests are quite accurate. However, a number of researchers would argue that these tests possess flaws in determining impairment. How Were These Tests Created? During the 1970s, the National Highway Traffic Safety Administration (NHTSA) assigned ...
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  • Ignition Interlock Devices: What You Need to Know

    One of the many consequences that a person may face if convicted of driving while intoxicated (DWI) is the mandatory installation and use of an ignition interlock device (IID) in their vehicle. Simply put, an IID is an electronic device which attaches to a vehicle’s ignition and prevents a driver from being able to start their car unless they can provide a breath sample which registers a blood ...
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  • I Passed the Sobriety Tests - Why Was I Charged with DWI?

    You have just left a party with friends when you see it up ahead – a DWI checkpoint. Since you haven’t had much to drink, you feel confident and approach the roadblock. The next thing you know, the police are asking you to step out of the vehicle and perform a series of tests to gauge your level of intoxication. Despite seemingly passing all of these tests without an issue, you are shocked to be ...
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  • 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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  • 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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  • 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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  • DWI Intoxication: Understanding the Legal Limit in Texas

    DWI Intoxication in Texas/DWI .08 Alcohol level Definition of Intoxicated. There are two ways a person can be found legally "intoxicated" for a DWI charge in Texas. A legal finding of alcohol intoxication requires proof beyond a reasonable doubt that you were operating a motor vehicle on a public street in Texas while: (1) Not having the normal use of mental or physical faculties by reason of the ...
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  • Ignition Interlock Devices/Deep Lung Device on DWI Probation

    An ignition interlock device is a small device (about the size of a cell phone) that is installed in a car that measures a person's BAC level. If a person blows into the device and it registers a BAC level that is above a certain amount, the car will not start. The driver must also give breath samples during the drive. Who has to get an interlock device following a Texas DWI arrest? Currently (and ...
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