Driving While Intoxicated In Texas is a Serious Charge!
Getting a DWI in Texas is serious! You need to take it seriously. So should your lawyer. Even a conviction for a first-time DWI in Texas can carry serious consequences, not the least of which is $1,000 or more per year for three years just to keep your driver’s license.
Like the vast majority of those who get arrested for DWI in Texas, this is the ONLY way that you would ever have come into contact with the criminal justice system. Because of our Texas DWI law, many people who would never dream of breaking the law find themselves arrested, photographed, fingerprinted, and generally “treated like criminals. This IS serious business. And once you have posted your bond, the whole process is really just beginning.
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Texas DWI Law - Driving While Intoxicated In Texas
The Texas DWI law states that: A first-time DWI in Texas is a “Class B Misdemeanor.” This means it carries a criminal penalty of up to 6 months in the county jail and a fine of up to $2,000.
A second DWI in Texas is a “Class A Misdemeanor.” This grade of offense carries up to a year in county jail and up to a $4,000 fine.
A third DWI is a “Third Degree Felony,” which carries a penalty of up to ten years in prison and up to a $10,000 fine. That is penitentiary time, not county jail time.
A conviction for any of these also carries a mandatory driver’s license suspension of at least a year.
Texas DWI Law - Administrative License Revocation
Since 1995, the State of Texas has had ALR. If you have been arrested for DWI, you know the police officer serves on you a “Notice of Suspension / Temporary Driving Permit” and takes your license away from you.
From the date of your arrest, you then have 15 days to request a hearing on what will otherwise be a mandatory driver’s license suspension from at least 90 days for failing a breath test, to at least 180 days for refusing to take a breath test. If this is not your first DWI arrest, then the suspension times increase dramatically.
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IT IS EXTREMELY IMPORTANT TO GET A HEARING REQUESTED AND NOT JUST LET THE 15 DAYS GO BY!!
The ALR hearing is an opportunity that should be exploited. You have the opportunity to make the arresting officer appear at the hearing and give testimony. This could come in handy at a future trial. If you took and failed a breath test, then you have the opportunity to make the breath test operator and technical supervisor show up as well. And if you request their presence and they don’t show up, you win. If they do show up and you do not prevail, at least you have some testimony you may be able to use later in fighting your DWI case.
The Collateral Consequences
“Collateral consequences” are those not specifically outlined in the criminal codes, but nonetheless attach to a DWI conviction from other sources.
I already mentioned the driver’s license “surcharge” of at least $1,000 per year for three years just to keep your license. That is a “collateral consequence” and a bad one at that. This surcharge was enacted by the 2003 Legislature.
A DWI conviction carries other consequences as well. For instance, if your insurance company finds out you are convicted of DWI, then it will no doubt drop you and you will have to get “high risk” insurance at a vastly higher cost. Car rental companies probably will not rent a car to you if they know you are convicted of DWI. If you have a job that requires you to be under a “fleet insurance policy,” such as with a trucking company, you may lose your job if the insurer finds out you have a DWI and drops you. The list goes on.
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The Moral of the Story: FIGHT!
I always tell prospective clients that I go into a DWI case with the mind set that we are going to fight it. I collect all the information I can so that you can be in the best position possible to make the crucial decision whether you want to go to trial or not.
There are two reasons I go into every DWI defense case with the intent of fighting it: (1) the consequences I have already outlined above are severe – too severe, really; and (2) DWI defense cases are WINNABLE.
Remember those tests you were given on the roadside? Here is the breakdown on the accuracy of those tests as determined by the National Highway Traffic Safety Administration (the agency that dreamed them up in the first place):
Horizontal Gaze Nystagmus (the “eye test”): 77% accurate
The Walk & Turn (the “walk the line” test): 68% accurate
The One Leg Stand (“count to 30”): 65% accurate
And these percentages are only valid when the tests are given under “laboratory conditions.” Needless to say, tests given in questionable lighting on the side of the road on what was in all likelihood not a flat surface and with traffic whizzing by are not given under “laboratory conditions.”
The effective criminal defense lawyer with experience trying DWI cases can make the jury understand this and thus be more apt to discount the “field sobriety tests,” as they are called.
As you have probably guessed, most of the state’s witnesses in a DWI case are going to be police officers. These officers have testified time and time again in DWI trials. Effective cross-examination of these officers requires experience with DWI and the issues surrounding these particular cases (such as the field sobriety tests). But the good news is that when your attorney has this experience and knowledge, you almost always have a chance to win.
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Even a “breath test failure” case is not a lost cause! The Intoxilyzer 5000 (the breath test machine, or “black box”) has some scientific limitations. For instance, it assumes that everybody on the planet has the same body temperature, metabolism, and physiology. The police will deny that this is a limitation, but doesn't it seem like one? Further, the machine itself is designed to have a container attached which would save the breath sample for re-testing, but Texas has decided not to use it! If you took a breath test, remember that you got two “scores?” If those two scores are within .02 of each other, then it is considered by law enforcement to be a valid test! Thus, if you blew .081 and then .100, that’s good enough. Doesn't that seem like a “margin of error” to you?
The reality of the situation is that many DWI police reports look the same, the testimony of the police officers sound the same, and yet the facts of the cases testified to are remarkably different and the real issue of sobriety can be masked by official sounding terms and questionable test results. It is our job to know these differences and how to bring them to light.
It is our goal to seek justice for every one of our clients. Our obligation is first to our client, but in so doing we feel that we are serving the community by protecting America's constitutional and statutory freedoms for each and every one of us. Not all people are guilty, and when a person is- there should be a punishment that fits the crime. DWI laws are necessary; however it is equally as important that we first and foremost protect the rights of the citizen, all too often overlooked in the overzealous politics of the fervor of DWI.
Some of the Things that the Law Firm of Mimi Coffey looks into by focusing on DWI's:
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OFFICERS:
Training History: NHTSA Standardized Field Sobriety Tests training? when & where? any updates? Proficiency status in HGN?
Common Characteristics: Arrests routinely made within a certain mile or radius of a particular bar or bar(s)?
Motivation to Testify: Motivation for testimony due to marginal arrests? How much money in overtime are they making?
In focusing on DWI's we become familiar with various police department policies regarding DWI arrests.
For example:
In Car Camera Videos: Which departments have them?
Back Up Officer Policy: What are their policies regarding the investigation, arrest, and tow procedure?
Chemical Specimen Policy: Do they always offer breath tests? Are blood tests only offered on accident cases?
Quota Policy: Which departments have quotas? Are there any memorandums documenting such?
Protocol Code language regarding DWI's
We take our responsibility at the Law Firm of Mimi Coffey very seriously. In the preservation of our files, we are able to keep track of bad stops by police officers as well as bad arrests. Among other things, we also obtain and archive.
Transcripts of past trials, on past officers which we believe will help our clients in the future.
Police Officer Personnel Files on various police officers through open records requests.
Videotapes
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Maintenance and Inspection logs on various Intoxilyzer machines.
*We feel that these things among others are important in the skillful, knowledgeable and sincere representation of our clients. We are proud of our level of representation and commitment to our clients in the pursuit of justice. It is our mission to not only provide such high caliber level of service but to continue to seek new and innovative ways to better assist us in such pursuit.
We would like to consider ourselves "Watchdogs" of proper DWI - Law Enforcement. DWI laws are good and should be enforced, however, they should not be abused in taking away people's rights to be responsible social drinkers.
What many people fail to realize is that DWI is not just a misdemeanor or felony offense. It costs jobs, it involves serious possible license suspensions, and may effect someone the rest of their life. The conviction never goes off your record. It is not nor should it be a conviction for political expediency reasons or one based on morals and attitudes toward drinking. We at the Law Firm of Mimi Coffey believe that justice is alive and well and deserving of all. We strive to see that justice is done for each and every one of our clients.
Fort Worth, Texas DWI Attorneys handling Driving While Intoxicated / DWI, Driving Under the Influence / DUI, Boating While Intoxicated / BWI, and drunk driving cases in Fort Worth, Arlington, Hurst, Euless, Bedford, Grapevine, North Richland Hills and throughout Tarrant County, Texas.
The Dunham Law Firm is a Texas criminal defense law firm with law offices in Fort Worth and Austin, Texas concentrating in DWI (Driving While Intoxicated), DUI (Driving Under the Influence), BWI (Boating While Intoxicated), Drivers License Hearings and Drunk Driving cases.
Forth Worth DWI Lawyers Experience
When selecting legal representation, realize that your criminal defense attorney's experience is very important. The way your Tarrant County DWI case is handled will have an influence on the outcome and thus your future. Having Texas Board Certified Criminal Law Specialists on your side can mean the difference between obtaining a good result and a bad result. At the Dunham Law Firm, many of our criminal defense attorneys have previously been Assistant District Attorneys and Prosecutors, spending years perfecting their courtroom skills. We know the procedures of the Tarrant County court system and can make that system work for you.
Proven Track Record against Tarrant County DWI Cases
Our criminal defense law firm has accumulated a highly successful record of acquittals, dismissals and reductions in the defense of DWI, Drunk Driving and alcohol related cases. Each DWI case is different, but note that the defense attorneys at the Dunham Law Firm always start with the goal of getting your case dismissed or reduced to a traffic ticket.
Low Fees and Payment Plans for Fort Worth DWI Cases
Our legal fees are fair and competitive, especially for our Texas Board Certified Criminal Law Specialist. In most cases, we charge a affordable low flat rate and often do not require any money down. The initial consultation is always free. When you factor in our legal experience and proven results, the Dunham Law Firm is a good choice for those who want the highest quality of legal representation at a fair and reasonable cost.
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Beware of Serious Consequences for a Texas DWI Conviction
A Texas DWI, DUI or BWI charge has serious consequences. You may lose your Texas Driver's License, experience a substantial increase in car insurance rates, pay large fines and court costs, suffer a driver's license surcharge ranging from $3,000.00 to $6,000.00, and possibly face jail time.
Don't leave your future to chance. Select a Texas Criminal Defense Attorney who will fight for you. At the Dunham Law Firm we will work for a DWI dismissal or reduction of your charge. If we are successful, you may even be able to have your arrest record and fingerprints torn up! Don't let this criminal arrest record affect your job or your future; call us immediately to discuss how we can handle your DWI case.
Warning About Your Texas Driver's License
You have only 15 days from the date of your Texas DWI arrest to request a hearing on your driver's license. If you fail to request a Administrative License Hearing, your Texas Driver's License may be suspended and you face the probability of paying large fines for many years. It is important that you hire legal representation for this hearing to challenge the Texas Driver's License Suspension. Having legal representation for this driver's license hearing provides an opportunity for your Texas DWI Attorney to question the arresting officer. Putting the arresting officer on the stand helps to establish their position, which can be very beneficial to your DWI case.
Texas Drivers License Surcharge (Fines)
Since 2003, the Texas Department of Public Safety has been authorized to levy a surcharge on driver's licenses suspended for alcohol related arrests. This charge can range from $1,000.00 to $2,000.00 per year for three years. Depending on your case, you could be facing a $6,000.00 fee just to keep your driver's license. Now you know why it is so important to fight your driver's license suspension.
Call the Dunham Law Firm immediately to discuss ways we can help keep your Texas Driver's License and try to dismiss or reduce your Forth Worth DWI charge.
The Dunham Law Firm handles the following criminal cases in the Fort Worth and surrounding areas:
Driving While Intoxicated, Driving Under the Influence (Minors under 21), Driving While Intoxicated with Child Under 15, Boating While Intoxicated, Administrative License Revocation Hearings and other criminal defense matter.
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Common DWI Questions
Is hiring a DWI Attorney expensive?
Absolutely not. You do not have to break the bank to pay for legal services. It is a misconception that really good representation costs a fortune. Don't waste your money. At the Dunham Law Firm we belive everyone has the right to excellent legal assistance at a fair fee.
Do I need to bring money to my free DWI Consulation?
No. You do not need to bring money to your free consultation. Our first and primary concern is your case.
How do I pay for DWI legal services?
Our firm offers very reasonable rates and pay plans that work around your budget. You will be pleasantly surprised at how low our fees are and how we can work with you on setting up a pay plan.
Can my DWI case be dismissed?
There are several ways to get your DWI case dismissed and we will work to secure the best result for you. If your DWI case is dismissed, you will not have a criminal conviction record. Do not let a criminal conviction record hurt your future job opportunities. Since we live in the computer information age, it is more important than ever to keep your record clean.
How can my DWI case be dismissed?
There are several ways to keep your record clean:
Case Dismissed
Deferred Adjudication
Dismissal and Reduction of Charge
Trial
Each DWI case is different - these are the ways we can help you.
(credit for this excellent article is given to http://www.ftworth-tx-dwi.com/DWI-FAQS)
exas DWI Penalties for Drunk Driving
State of Texas DWI and Intoxication Penalties
Driving while intoxicated, first offense, is a Class B Misdemeanor that is defined at Texas Penal Code §49.04. That provision states that, "A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place".
This definition sets forth the elements that must be proven to sustain a conviction. Those elements are:
The defendant, on or about a particular date
Was operating a motor vehicle
In a public place (street, highway, beach, parking lot, etc)
In a particular county
While intoxicated The Texas legislature has specifically defined the term "intoxication", as that term is used for prosecution of DWI cases {Texas Penal Code §49.01(2)}
In addition, there are two definitions to encompass those who do or do not submit to chemical testing:
1) "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
2) having an alcohol concentration of 0.08 or more."
It is important to note that the law provides for intoxication by the introduction of any intoxicating substance into the body. This is designed to make our roadways safe from dangerous drivers.
Typically, proof at trial is restricted to alcohol unless some statements or other indications suggest that the driver has become impaired by some other substance. Equally as important, being on prescription drugs is not a defense to a DWI prosecution. If the label suggests that ingestion will impair one's ability to operate a motor vehicle or machinery, taking such medicine and driving may subject you to DWI arrest and conviction.
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At trial, the State therefore may prove intoxication in three (3) different ways:
not having the normal use of physical faculties OR
not having the normal use of mental faculties OR
having an alcohol concentration of 0.08 or more
The jury does not have to be unanimous on the manner and means of intoxication, only that the person was intoxicated.
Plus, intoxication must occur and be proven to occur while driving. Many other States provide for prosecution of a "lesser included" offense other than DWI (i.e. reckless driving, impaired driving, driving under the influence, etc.). Texas however has no lesser included offense of DWI. Some counties offer plea bargain agreements to other charges than DWI, but they are the exception and not the rule.
Classifications and Range of Punishement for DWI Conviction
DWI, 1st Offense: Class B Misdemeanor in Texas
Fine
A fine not to exceed $2,000.
Jail
Confinement in the County Jail for a term of not less the 72 hours nor more that six (6) months.
Open Container
If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail.
Community Service
Texas law mandates that a judge order not less than 24 hours nor more than 100 hours.
Absent unusual facts, most persons convicted of a first offense DWI are granted community supervision ("probation") of any confinement ordered. The general length of DWI probation is from 1-2 years. There are also conditions of community supervision ordered that are fairly standard in most courts. Typical conditions imposed are: Drug/Alcohol Evaluation. A person convicted of DWI will be required to submit to evaluation for probability of committing DWI in the future and/or to disclose a potential problem with alcohol or drug abuse. If a problem is detected, additional terms and conditions of probation are ordered to be administered through the Community Supervision Department. Attend and complete an approved DWI Education class within 180 days from the date of conviction (Satisfying this requirement will avoid the one (1) year drivers license suspension, unless if you were a minor (under 21) at the time of the offense.) Attend and complete a Victim Impact Panel. This is a forum that presents victims of drunk drivers to address persons convicted of DWI and warn of the dangers and perils of driving while intoxicated. Work faithfully at suitable employment, commit no other crimes, remain at the same residence and employment unless notification is given to the community supervision officer, report monthly to the supervision office, pay all fines and costs in a timely manner. Pay a monthly supervisory fee. Perform a specified hours of community or volunteer service. NOTE: If convicted, you will be given an Order Granting Probation. This Order will be specific and unique to your case and fully sets forth the terms and conditions of your probation which apply to you. It is the blueprint for your probation.
Additional Conditions of Probation that may be Ordered:
If your case presents unusual facts (accident, alcohol problem, prior alcohol contacts, bad driving record etc.), additional conditions may be ordered. Most conditions are designed to address a problem that appears from the facts or alcohol/drug evaluation that is performed on the subject after conviction. Again, a specific order is given after each conviction. The following list is only a general discussion of conditions that have been imposed in some DWI cases in my experience and may not apply to you.
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Deep lung air device
This provision requires that you install and maintain a device on any car which you intend to drive during probation. The device requires a breath sample before it will allow your car to start. Some devices require periodic breaths while driving. This condition is sometimes recommended after an unfavorable drug/alcohol evaluation during a first-offense probation, and is almost always ordered as a condition of bond on a subsequent offense arrest.
Alcohol Treatment
Attendance at AA or other counseling programs offered through the probation department. In extreme cases outpatient programs may be ordered. This condition is recommended after an unfavorable drug/alcohol evaluation.
Consume no alcohol
Most courts require that a person not consume any alcohol during probation. This provision is monitored by periodic and random urinalysis at the probation office. Some courts will not even allow a probationer to enter a bar, tavern or lounge where alcohol is sold and consumed.
Confinement
Again, in some extreme circumstances, the Court may order that a DWI offender serve confinement in the county jail as a condition of being granted probation.
Restitution
If there was an accident followed by a DWI arrest, and if your insurance company has not paid damages to the other party, restitution of any unpaid amounts will be ordered by the Court as a condition of probation.
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Enhanced Penalties (Prior alcohol or drug related criminal history)
Under Texas law, if it is shown that a person has been previously convicted of DWI, the punishment and penalties after conviction are increased or enhanced. The prior DWI conviction must have occurred within ten (10) years of the present arrest for DWI. Additionally, if a person has any prior DWI conviction within the previous ten year period (measured from dates of arrest), the State is then allowed to use any prior DWI conviction since obtaining a drivers license to enhance the accusation to a DWI, third offense. NOTE: Texas can use prior convictions that have occurred in other states for enhancement of punishment.
DWI, Second Offense: Class A Misdemeanor Special Condition for Jail Release on Bond:
It is important to note that if arrested and accused of a DWI Second or greater offense, Texas law now requires the Court to Order as a CONDITION OF RELEASE FROM JAIL ON BOND, that the person install and maintain a deep lung air device on the car that the person intends to drive and operate while charges are pending. The device requires a breath sample before it will allow you to start your car. They also require periodic breaths while driving to monitor and insure sobriety. New technology has made these devices "user sensitive" so that someone else cannot blow into the device for the driver.
Although this provision seems to run afoul of the presumption of innocence, Texas Courts have consistently held that such condition is necessary to protect a legitimate governmental interest in making public roadways safe for the motoring public.
Fine
A fine not to exceed $4,000.00.
Jail
Confinement in the County Jail for a term of not less than 72 hours nor more than one (1) year.
Community Service
Texas law mandates that a judge order not less than 80 hours nor more than 200 hours.
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Deep lung air device
Typically deep lung devices are required for all DWI second offenders during probation.
Suspension of license
A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.
DWI, Third Offense (or greater): Third degree FELONY
Fine
A fine not to exceed $10,000.00.
Jail
Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 years nor more than ten (10) years.
Deep lung air device
Deep lung air devices are generally ordered on all persons convicted of three or more DWI's both as conditions of bond and as conditions of any occupational or provisional licenses that may be awarded after conviction.
Community Service
Texas law mandates that a judge order not less than 160 hours nor more than 600 hours.
Suspension of license
A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.
Other
A third conviction for DWI indicates a significant problem with alcohol to the Court or jury assessing punishment. Some type of rehabilitative treatment is therefore mandated in punishment if confinement in the penitentiary is to be avoided. In some cases an in-patient, incarceration program (Substance Abuse Felony Probation SAFP) is ordered. This program requires confinement in a State Facility for alcohol rehabilitation. After successful completion of the SAFP program, the person is then released and placed on probation for a term not to exceed ten (10) years. Another popular condition for habitual DWI offenders is a prescription for a drug named "Antabuse". This drug will make a person violently ill if any alcohol is consumed. The alcohol can be contained in mouthwash or marinated food and will still have the same effect on the user. If a person has any type of liver problems, this drug can cause liver failure and death.
Texas law does not provide for any increased punishment after DWI, third offense. If a person presents a DWI, fourth offense or beyond, the typical punishment is confinement in the penitentiary from two (2) to ten (10) years without probation being granted. In some cases SAFP may be granted upon proper request and showing that it is appropriate.
Intoxication Assault
Third degree Felony "A person commits an offense if the person, by accident or mistake, while operating a .... motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another" {Texas Penal Code §49.07}. " 'Serious Bodily Injury' means injury that creates a substantial risk of death or protracted loss or impairment of the function of any bodily member or organ".
Fine
A fine not to exceed $10,000.00.
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Jail
Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than ten (10) years.
Community Service
Texas law mandates that a judge order not less than 160 hours nor more than 600 hours.
Intoxication Manslaughter
Second Degree Felony "A person commits an offense if the person:
1) ...operates a motor vehicle in a public place, and...
2) ...is intoxicated and by reason of that intoxication causes the death of another by accident or mistake."
Fine
A fine not to exceed $10,000.00.Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than twenty (20) years.
Community Service
Texas law mandates that a judge order not less than 240 hours nor more than 800 hours.
NOTE
If a person is involved in an accident where there is risk of death or death, a mandatory blood sample will be taken for analysis and use in the prosecution of either Intoxication Assault or Intoxication Manslaughter.
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