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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: …

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 …

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 …

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 …

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 …

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 length …

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 …

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 …

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 …

You have the right NOT to incriminate yourself under the 5th 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 …