Dwi lawyer houston - dwi attorney texas dui

Dwi lawyer houston - dwi attorney texas dui



Houston DUI/DWI Attorney

It is not illegal to drive a vehicle after drinking alcohol in Texas. Arrests for DUI/DWI or drunk driving are based on how much the person consumed and how impaired he or she appeared to the officer. Convictions, however, may hinge on whether the police officer did his or her job properly.

If you have been arrested on a drunk driving charge in Texas, contact a Houston DWI lawyer at the Law Office of David A. Breston immediately for effective criminal defense at a reasonable cost.

Experienced, Effective Defense

Houston DUI/DWI defense attorney David A. Breston has been trained to administer field sobriety tests by the NHTSA, is trained in the use of the Intoxilyzer 5000, and has received training in drug recognition and identification. These special skills and experience may help you to avoid DUI charges or minimize the consequences.

In every drunk driving case, we will try and persuade the state to dismiss the case or reduce the severity of the charge. If the state refuses to do so, we may exercise your right to trial by a jury. Houston drunk driving lawyer David Breston has courtroom skills developed during many trials and a successful track record at trial.
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Preserving Your Right to Drive

Texas DUI/DWI defense attorney David Breston has protected hundreds and hundreds of clients from having their driving privileges revoked after DWI charges or other serious traffic violations. Our firm has helped clients who have lost their driver's licenses obtain an occupational license, which allows them to drive for up to 12 hours a day. If your driver's license is at risk or has been suspended, we can help.

If you have been charged with driving while intoxicated or driving under the influence of drugs or alcohol, contact the Law Office of David A. Breston today for experienced, effective criminal defense.
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Drunk Driving / DUI - An Overview

Driving under the influence" (DUI) and "driving while intoxicated" (DWI) are two names for the crime of drunk driving. Other statutory names for this crime are "operating under the influence" (OUI) and "operating while intoxicated" (OWI). The different names for the crime reflect differences in the state statutes that define the crime. However, all the statutes have the common purpose of punishing drunk driving and driving under the influence of illegal drugs.

In 2001, more than 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics. Police and highway patrol officers are cracking down on drunk drivers with increasing frequency as a result of influence from groups like MADD and public outcries in general. If you find yourself at the center of this crackdown, you need an experienced drunk driving attorney to represent your interests and work toward the least restrictive outcome possible.

Many states have now lowered the legal blood alcohol concentration (BAC) limit from .10 to .08 percent for adults, and more than a dozen states have passed Zero Tolerance laws that prohibit drivers under twenty-one years old from having any measurable amount of alcohol in their blood system. As the legal limits decrease, so do your chances of being charged with drunk driving if you choose to drink and drive. If you've been arrested for drunk driving, you need the skill and expertise of an experienced drunk driving attorney to see you through the complicated legal maze that awaits you.
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In recent years, the penalties for drinking and driving have increased, especially for repeat offenders. Many state legislatures have passed laws requiring mandatory jail time for subsequent drunk driving convictions, and some states prohibit plea-bargaining in drink driving cases. The fines have become steeper, the license suspension periods have become longer, and getting a "hardship" license that permits travel to and from work has become more difficult. If you've been charged with drunk driving, you need the help of an experienced drunk driving attorney so that, in view of these ever-harsher penalties, you can work as a team toward the best possible outcome.

Fines and possible imprisonment may seem like the scariest part of a drunk driving charge, but the effects of a conviction can actually reverberate into the offender's life in other lasting and insidious ways, too. In some cases, the offender may have to forfeit his or her vehicle, for example, and in nearly all cases the offender has to give up his or her driver license, at least temporarily. Without a license, it may be impossible to find or keep a job, or to take care of a family's needs. And auto insurance can be hard to get and extremely costly after a drunk driving conviction. A lawyer experienced in drunk driving law can explain all of the potential consequences and work hard to minimize the long-term effects of a drunk driving charge.
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Driver’s License Suspension

In almost every DUI-DWI case, a driver has two cases to contend with. The DUI-DWI arrest results in criminal charges, but what most drivers do not realize is that an arrest also initiates a civil proceeding against the arrested motorist's driving privileges called an administrative license revocation (ALR). An ALR suspension is initiated against an arrested driver when he either refuses to submit to breath or blood testing, or alternatively, fails a breath or blood test. The legal authority to impose an ALR suspension against a driver lies in the Texas implied consent statute. This law states that each person who operates a motor vehicle on Texas roadways has impliedly consented to provide a specimen of breath or blood if arrested for DUI-DWI and provided with the applicable consequences of refusing to submit to testing.

The first thing some one charged with DWI, should know is that they have 15 days to request an Administrative License Revocation hearing (ALR) to challenge the suspension of their license. If you do not request the hearing within 15 days of your arrest, then your license will automatically be suspended 40 days after your arrest. If a hearing is requested, no action will be taken regarding suspension until after the hearing has taken place, even if the hearing takes place more than forty days after the arrest. The suspension period will probably be 90 days if you took the breath test or 180 days if you refused the exam. Some people request an ALR by phone. This is a bad idea because at an in-person hearing, we can subpoena the police officer to the hearing. If the officer does not appear, then DPS cannot admit his report into evidence. If that happens, you win the hearing and your license is not suspended. If the officer does appear, then I will cross-examine him and look for weaknesses in his testimony. If you do not request the hearing, I will apply for an occupational driver license. Further, in the event of an ALR appeal, the suspension can be delayed for an additional ninety (90) days. If you have concerns about your driver license, call us immediately at 713-224-4040.

It takes about 6 weeks to obtain an ALR hearing. At the ALR hearing the DPS must prove the following:

Whether the law enforcement officer had reasonable suspicion to stop the driver
Whether the officer had probable cause to arrest the motorist for drunk driving
Whether the officer complied with Texas implied consent law in terms of offering an opportunity to provide a specimen of blood or breath
Whether the driver refused to provide a specimen of blood or breath or failed a breath or blood test by registering al alcohol concentration of .08 or greater.
I will work hard to try and prevent your license from being suspended, but if your license is suspended, I will apply for an occupational driver license.

After the ALR hearing, we will either request a jury trial or negotiate a plea bargain. Obviously, I will try and convince the state to dismiss your case. If you do not want a trial, I will try and negotiate the least punishment possible. In the past, I have had cases reduced to reckless driving. I have also had clients pay a fine only. The following are the three legal issues in your trial:
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1) Did the police have reasonable suspicion to pull you over?

2) Did they have probable cause to arrest you, and

3) Can the state prove beyond a reasonable doubt that you were operating a motor vehicle while intoxicated?

Most of the time, the state can prove that there was reasonable suspicion to pull you over and probable cause to arrest you. However, sometimes they make mistakes. For example, I represented a client recently who was pulled over because her front passenger was vomiting. There was no other reason given by the police officer for the stop. I was able to win her ALR hearing and prevent her license from being suspended. I also convinced the state to dismiss the case after filing a motion to suppress. Under the law, the fact that her passenger was vomiting outside the car was not reasonable suspicion to pull her over.
Dwi lawyer houston - dwi attorney texas dui
Jury Trial

Most people are not lucky enough to have the charges dismissed, and in order to win their cases, they have to take their cases to trial by jury. I believe juries focus on two things at your trial. First, they want to know that you have learned your lesson. I will try to assure them that you were traumatized by this experience and that you will not drink and drive in the future. DWI is a crime that the jury can usually relate to. Most people have known someone who has been arrested for DWI. Second, the jury considers whether the state has proven that you were intoxicated beyond a reasonable doubt.

The key in picking a jury is to find people who believe it is alright to have a drink and then drive and then giving them information that causes them to have reasonable doubt about whether you were intoxicated.

To establish reasonable doubt, I will do the following:

1) Give an explanation for how you were driving

2) Try and show that you stopped when the police officer asked you to stop

3) Provide an explanation for whatever other signs of intoxication the officer says he observed.

4) Obtain records of any of your physical handicaps.

5) Tell the jury how much you had to drink and why this did not cause you to be intoxicated

6) Use the manual the officer was trained with to challenge the field sobriety tests he gave you. I will use the manual to try and show that the officer did not administer the tests properly. If the officer did not administer the tests properly, then I will ask the judge to exclude the tests.

7) Show that there was no good reason for you to take the breath test.

8) Challenge the accuracy of the Intoxilyzer 5000 breathalyzer.

The Prosecutor's Role in a Drunk Driving Case

Prosecution refers to the government's role in the criminal justice system. When criminal activity is suspected, it is often up to the government to investigate, arrest, charge, and bring the alleged offender to trial. Prosecutors are the lawyers who work for the government and who are responsible for putting on the government's case against a defendant. Prosecutors may be called county attorneys, city attorneys, or district attorneys. The prosecutor is the opponent or "adversary" of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court. Because these public attorneys focus their energies on prosecuting criminal cases, they are generally very experienced in criminal law, and it is therefore essential that the defendant's attorney have the same advantage. Thus, in order to best preserve a criminal defendant's rights and strike a fair balance in court, representation by an experienced criminal defense attorney, particularly one knowledgeable in drunk driving law, is a must.
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The Impact of a Drunk Driving Conviction on Auto Insurance

After completing the sentence imposed by the court, the drunk driving offender is often eager to resume his or her normal life. Returning to work, school, and other activities generally requires driving, however, and driving requires automobile insurance. One of the consequences of a drunk driving conviction that many offenders may not think about until the worst seems to be behind them is the prospect of obtaining auto insurance after a conviction. An attorney experienced in drunk driving law can explain — and possibly even circumvent — the full range of repercussions that can result from drunk driving, regarding insurance and otherwise.

DWI and CDL

If you have a commercial driver license (CDL), a DWI conviction will lead not only to the loss of your CDL but also the loss of your livelihood. To preserve your license and your job, you should select an experienced DWI defense lawyer as soon as possible following a DWI arrest.

If you are convicted of drunk driving, you will not be able to receive an occupational driver license for a commercial driver license. Even if you are able to get your license restored following a conviction, you will not be able to purchase affordable commercial vehicle insurance. In other words:

DWI + CDL = no CDL

People with a CDL (Commercial Driver License) are also judged by a stricter standard when accused of drinking and driving in most states. If the driver holds a commercial driver license and is arrested while operating a commercial vehicle he/she is subject to the same punishments if the tests indicate an alcohol concentration of .04 or more.

DWI defense attorney David A. Breston is known in the Houston area for his aggressive defense of drunk driving and other traffic cases. A graduate of the University of Texas Law School, David A. Breston has saved more than 100 driver's licenses from being suspended, including many commercial driver licenses.

Remember, in Texas you have only 15 days to following a DWI arrest challenge the suspension of your license. Contact David A. Breston as soon as possible to:

Investigate your case and prepare a defense.
Challenge the reliability of inaccurate breathalyzer tests such as the Intoxilyzer 5000.
The most recent legislature in Austin made changes that could adversely affect holders of CDL licenses. Commercial Driver license holders can no longer take Defensive Driving or Deferred Adjudication to clear moving violations from their driver’s records. This means that a minor traffic offense can affect your commercial driver license and your cost for commercial vehicle insurance.
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Houston DWI Lawyer / Texas DUI Attorney

Do you need a Houston DWI lawyer?  A fun night out with friends can end badly if you make a mistake in judgment and are picked up for DWI. The consequences of a DWI are farther-reaching than many people realize - from losing your license to possible jail time to high fines to increased insurance costs, the issues related to getting a DUI can affect many aspects of your life for a longer time than you might anticipate. You can choose to fight your DWI charges, however - all you need is the help of a good, dedicated, experienced DWI attorney in Houston.

You are probably confused. Your license was seized and you need someone to answer your questions. I am the attorney you are looking for. I focus on representing clients charged with DWI. After graduating from the University of Texas Law School in 1997, I started a criminal defense and immigration law firm in Houston, Texas. After handling 3000 criminal cases, I learned that clients charged with DWI need an attorney that focuses primarily on DWI, and I decided that DWI would be the focal point of my practice.

If I take your case, I will request an in-person Administrative License Revocation hearing (ALR) to challenge the suspension of your license. Some people request an ALR by phone. However, if you have an in-person hearing, we can subpoena the police officer to the hearing. If the officer does not appear and his report cannot be admitted into evidence, you win the hearing and your license is not suspended. If the officer does appear, we can look for weaknesses in his testimony. It takes about 6 weeks to obtain an ALR hearing. At the ALR hearing the DPS must prove the following: 1) there was reasonable suspicion to stop your car; 2) probable cause to arrest you; and 3) you were offered a breath test and either refused the test or failed it. If we do not win at the hearing, I will apply for an occupational driver's license for you.

If a hearing is not requested within 15 days, your license will automatically be suspended 40 days after your arrest, most likely for 90 days if you took the breath test or 180 days if you refused the exam. In that case, I will apply for an occupational driver's license for you.

After the ALR hearing, we will either request a jury trial or negotiate a plea bargain. Obviously, I will try and convince the state to dismiss your case. The three legal issues the state must prove are:

if the police had reasonable suspicion to pull you over,
if they had probable cause to arrest you; and
if the state can prove beyond a reasonable doubt that you were operating a motor vehicle while intoxicated.
DWI is a crime that the jury can usually relate to. Most people have known someone who has been arrested for DWI. Therefore, I believe juries focus on two things at your trial. First, they want to know that you have learned your lesson. I will try to assure them that you were traumatized by this experience and that you will not drink and drive in the future. Second, the jury wants to know whether the state has proven that you were intoxicated beyond a reasonable doubt. The key in picking a jury is to find people who believe it is alright to have a drink and then drive, and then giving them information that causes them to have reasonable doubt about whether you were actually intoxicated.

To establish reasonable doubt, I will challenge the police officer that pulled you over. I will try and show your actions prove that you were not intoxicated. Also, I will challenge the field sobriety tests that the officer gave you. I have the manual the officer was trained with, which I will use to show that the officer did not administer the tests properly. If the tests were not administered properly, I will ask the judge to exclude the tests.

If you do not want a trial, I will try and negotiate best plea agreement possible. In the past, I have had cases reduced to reckless driving. I have also had clients only pay a fine. Every situation is different, however, so we will carefully review your case before I make a recommendation to you.

If you have been charged with any type of drunk driving offense in Houston, Harris County, Richmond, Fort Bend County, Angleton, Brazoria County, Galveston, Galveston County, Conroe, Montgomery County, Anahuac, Chambers County, Liberty, Liberty County, Beaumont, Jefferson County, Hempstead, Waller County, Huntsville, Walker County, contact a Houston DWI lawyer at the David A. Breston Law Office who can help you. Contact us today to see what our experience and dedication can do for you.
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Probation

Most clients charged with DWI receive Probation. Parole and probation are both supervisory-type mechanisms employed in the punishment phase of the criminal justice process. Parole comes into play after a person has been imprisoned and is released. Probation, by contrast, refers to a criminal sentence separate and distinct from incarceration. Probation is the most frequent sentence imposed and typically involves releasing the convicted offender into the community subject to a list of terms and conditions. The actual terms can vary widely, based on the underlying crime, the characteristics of the offender, and the resources of the probation system. All probations are subject to a requirement that the offender refrain from committing further crimes. The conditions of probation generally include the following: 1) reporting once a month to a probation officer 2) not breaking the law during probation; 3) paying a monthly supervisory fee to the probation office (approximately $50.00); 4) performing community service hours during the term of your probation (usually between 24 and 80 hours); 5) attending DWI awareness classes dealing with the effects of alcohol or listening to victims of DWI related tragedies; 6) abstaining drinking alcohol while on probation; 7) fines and court costs; 8) submitting to a breath test by long enforcement or court personnel upon request; 9) installing an alcohol ignition interlock device on your car and only drive a car equipped with such as device; (this is usually required for a second or third DWI or on a first DWI if their was an accident) 10) a $50.00 donation to Crime Stoppers; 11) to remain within the county of your residence unless given permission by the court to leave it; and, 12) any other requirements the court sets for you.
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First offense

A first-offense conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 3 days to 180 days, and a driver license suspension of 90 to 365 days. (Class B Misdemeanor).

Second offense

The maximum fine increases to no more than $4,000.00 and/or jail from 30 days to one year, and a possible driver license suspension ranging from 180 days to 2 years. (Class A Misdemeanor).

Third offense

You may receive a fine up to $10,000.00 and/or 2 to 10 years of imprisonment, and suspension of your driver license ranging from 180 days up to 2 years. (3rd Degree Felony).


DWI With an Open Alcohol Container

DWI with an open alcohol container (first offense): In addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00. (Class B Misdemeanor).


DWI With an Accident

DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication: this crime is called intoxication assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000.00. (3 rd Degree Felony).

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DWI Involving Death

DWI where a death has occurred as a proximate cause of the intoxication: here, the crime is intoxication manslaughter. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies).

DWI With a Child Passenger

DWI with a child passenger: A person commits a state jail felony if they drive while intoxicated and there is another person in the vehicle who is under 15 years of age. `Punishment for a non-enhanced state jail felony is by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00.

In most DWI cases you will receive probation, but there is no guarantee that you will receive a probated jail sentence or fine. If you are convicted of intoxication assault and wish to receive probation, a minimum of 30 days in jail must be served as a condition of probation. If you are convicted of intoxication manslaughter you must serve a minimum of 120 days in jail. If you are convicted of Intoxication Assault or Intoxication Manslaughter and the court or jury finds that you committed the offense with a deadly weapon you may not be eligible to receive probation at all.


DWI and Minors

Minors can be cited for violating Texas law if they are caught purchasing, attempting to purchase, possessing or consuming alcoholic beverages. Further, minors who consume any amount of alcohol and then drive a motor vehicle can be arrested or ticketed for illegal activity even where the minor is driving without being intoxicated. A person under 21 arrested for DWI will be treated differently mostly in regard to their driver license. Driver license restrictions and suspensions are more severe for a person under 21 arrested and convicted of DWI. A person who is under 21 will have a one-year suspension period even if they receive probation for a DWI. Thus, they may need a restricted driver license for one year.
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Houston DWI Lawyer | Attorney Greg Tsioros

DWI & DUI Defense in Houston: Brazoria, Ft. Bend, Galveston, Harris & Montgomery Counties

A Houston DWI charge can be a frightening experience for anyone. A Driving While Intoxicated charge is often the first arrest, criminal charge or brush with the law that many people have ever faced. A DWI charge can have very serious consequences and should never be taken lightly. If convicted, you may face fines, surcharges, community service, higher insurance premiums, loss of driving privileges and even jail time.

Houston DWI attorney Greg Tsioros has experience representing people accused of Driving While Intoxicated (DWI), Driving Under the Influence (DUI) and many other alcohol related drunk driving offenses both in Houston and around the State of Texas. The careful selection of an experienced Houston drunk driving lawyer can mean the difference between life-altering penalties and a clean criminal record.

At the Law Office of Greg Tsioros, our Houston DWI defense team works hard to defend your rights and your driving privileges in court. Unlike many DWI defense attorneys who often lead their clients blindly into plea agreements, We are always prepared to take your case to trial if necessary to avoid a DWI conviction. We will also help you get your driving record and criminal record expunged or sealed if you meet the required conditions.
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If you have been arrested for DWI or DUI in or around Houston, it is imperative that you seek the advice of an experienced DWI/DUI attorney as soon as possible. Under Texas Law, you have only 15 days to schedule an Administrative License Hearing (ALR) in order to request that your driver's license not be suspended by the Department of Public Safety.

If you do not request a hearing within this time, your license will automatically be suspended on the 41 st day after your arrest.

Many law-abiding people have been shocked and dismayed to be arrested on suspicion of drunk driving when in fact, their driving skills were impaired or might have been impaired by consumption of over-the-counter or legally prescribed medications. Whether the drugs involved are legal or illegal, prescribed or purchasable over the counter, the presence of certain substances in your body can hamper your driving abilities — and can result in a DWI arrest.
A DWI arrest is a jarring event with repercussions that may last for years. Whether a bad decision brought you to this point or you were wrongfully arrested, it doesn't matter; decisive action is necessary. Today, you have an opportunity to a decision that may save you months in prison, thousands of dollars and a permanent criminal record. Choose an attorney who has a track record of favorable outcomes, who knows the law and who is ready to defend you before a judge and jury after a drug-related DWI arrest.

Driving a car while intoxicated is not the only way to be charged with a drunk driving (DWI) charge. Operating a boat while intoxicated (BWI) is another common risk. Often, people who are enjoying a day on the water don't realize how little alcohol it takes to impair their driving skills.
Operation of boats by intoxicated drivers is a problem on a number of Texas lakes and rivers. A day of recreation can become a day of tragedy when a motorboat runs into a skier, a Jet skier, a swimmer or another boater. With the idea that operating a boat drunk increases the chances of such an occurrence, charges of BWI are just as serious as are DWI charges involving operation of a car on city streets or highways.
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If you are a commercial truck driver charged with DWI (driving while intoxicated), your worries are greater than the average drunk driving case defendant. Not only are you concerned about preserving your driver's license for personal use and preventing a criminal record, but you also have serious reasons to worry about protecting your means of making a living.
Being accused of DWI is enough to put many commercial drivers' livelihoods at risk. A first-time DWI conviction can disqualify you from holding a commercial driver's license (CDL) for one year. A second DWI conviction will disqualify you permanently. Without a commercial driver's license, the career you have trained for and gained experience in over time will be lost to you. You may recover your driver's license to drive your own car, but you will not be able to work driving a big rig 18-wheeler or a delivery truck.


Below are some resources of some of the best DUI lawyer Houston - dwi attorney texas dui

Houston Criminal Lawyer | Houston, Texas Criminal Defense Attorney
www.davidbreston.com/ 
Do you need the help of a Houston criminal defense lawyer? Our attorneys can help. If you have been arrested or accused of a crime in Houston


Houston Defense Attorney | Criminal DWI Lawyer Houston TX
www.txcrimdefense.com/ 
Houston defense attorney Greg Tsioros provides experienced, aggressive criminal defense in the greater Houston and surrounding metropolitan areas.
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Houston Criminal Defense Attorney | Texas Criminal Law Lawyer
www.jedsilverman.com/ 
For a free consultation with Houston criminal defense attorney Jed Silverman in Houston, Texas call 713-226-8800.


Houston Criminal Defense Attorney > DWI Lawyer > Board Certified
www.scheinerlaw.com/ 
If you are looking for a Houston criminal attorney or lawyer anywhere in the state of Texas, the attorneys at the Scheiner Law Group, P.C. are an excellent choice.


DUI/DWI Attorney Houston, Texas DWI Lawyers, DUI Defense
www.houston-dwi-defense.com/ 
Jonathan J. Paull is amongst top DWI attorneys in Texas, USA providing DUI defense, DWI defense for Houston, Harris, Galveston, Ft. Bend, Montgomery
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Houston Criminal Defense Lawyer | Criminal Attorney in Houston
www.houstoncriminallaw.com/
Our Houston criminal defense lawyers at Stradley, Chernoff & Alford are Board Certified in Criminal Law, AV Rated Texas Criminal Defense Law Firm


Houston DWI Attorney | DWI Lawyer in Houston
www.houstondwiattorney.com/ 
Houston DWI attorney Ned Barnett represents clients who have been charged. The state of Texas has very tough laws against driving while intoxicated. The worst part is that most people arrested for DWI


Criminal Defense Attorney Houston | Drug Charges DWI, DUI
www.moraschlaw.com/ 
You need a good criminal defense lawyer on your side who will fight to protect your rights. When you have been charged with a crime in Houston, Texas
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Houston Criminal Attorney, Lawyer | Johnson, Johnson & Baer Law 
www.thejohnsonlawfirm.com/
Johnson, Johnson & Baer, P.C. - Houston Criminal Defense Lawyer 
Houston Top Lawyers Texas Criminal Defense Lawyers Association National Association
Houston tx criminal lawyers, criminal lawyers in Houston tx, Criminal
houstoncriminalattorney.com/houston-dwi-lawyer.html 
He has practicing as Criminal lawyer in Harris County and Houston Texas. He is the best Houston tx criminal lawyers, As a Houston Defense Attorney

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