Houston dwi attorney lawyers
Administrative license revocation (ALR) hearings as part of our client’s Houston Texas DWI defense. We believe that an ALR hearing should be requested whenever possible. Even if you lose your hearing in administrative court, your lawyer may obtain critical documents and information about your DWI arrest through the driver’s license "discovery" process. These documents and information will help in defending your Houston DWI case in criminal court.
Your request for an ALR hearing must be received by the Texas Department of Public Safety no later than 15 days after you receive or are presumed to have received "Notice of Suspension." In most cases, this is simply the 15th day after you were arrested.
The notice of suspension is a sheet of paper that usually doubles as your "temporary driving permit." It should be marked, "DIC-25", in the upper right-hand corner. The fine print at the bottom of your notice explains how to request an ALR hearing.
You or your lawyer may request an ALR hearing by calling 800-394-9913 or 512-424-2600 on weekdays during normal business hours. You may also send your request via fax at 512-424-2650. Be prepared to tell the clerk your name, driver’s license number, date of your arrest, county of your arrest, the police agency that arrested you, plus certain other information that the clerk may require. After you have hired a lawyer, make sure that he or she knows that you have requested an ALR hearing.
Houston dwi attorney lawyers
What should you do if stopped for DWI in Texas?
"Just Say No -- Politely."
Disclaimer: The following information by Scheiner Law Group, P.C. – Houston DWI Lawyer is not, nor is it intended to be, legal advice. These are merely suggestions that we have offered our past clients, who were curious about what to do if stopped for suspicion of DWI in Houston Texas. You should consult an Houston DWI Lawyer for individual advice regarding your own situation.
Avoid drinking and driving.
But if you are stopped by the police ...
Don’t get out of the car unless you are asked to do so;
Be firm (but polite) in standing up for the following rights;
Don’t answer any questions or participate in a police "interview" while in custody, until you have first consulted with an attorney;
Don’t agree to any "field sobriety test" if:
you are under the influence of alcohol or any other substance;
you suffer from poor balance -- whether due to clumsiness, illness, injury, or any physical defect effecting coordination or the lower body;
Houston dwi attorney lawyers
you might have difficulty standing on one leg for 30 seconds (without using your arms for balance); walking a straight line, heel-to-toe (without using your arms for balance); or standing perfectly still (in an awkward, heel-to-toe position), while a police officer gives you detailed instructions about how to perform your field sobriety tests;
NEVER agree to any test in which an officer asks you to follow a pen (or pen light, or the officer’s finger tip) with your eyes, while keeping your head still;**
Even if you disregard these suggestions and decide to "cooperate with the police," at least make sure that you are being audio and video taped at all times;
Don’t take a breath test, if you have had anything more than a single drink.
Caution: Refusing to take a chemical test in Houston Texas will almost certainly result in the suspension of your driver’s license for at least 180 days. However, our concerns about the potential inaccuracy of breath tests, plus the added difficulty of defending Houston DWI cases involving breath tests, make it impossible for us to recommend that our clients voluntarily submit to breath testing. We prefer that our clients refuse a breath test, if the client has had anything more than a single alcoholic beverage.
* When an officer gives you a "horizontal gaze nystagmus" test, he is not testing your ability to follow his pen while keeping your head still. The officer is looking for an involuntary "jerking" of the eyeballs, which some believe is associated with alcohol or controlled substances. The problem with this test, however, is that many officers simply lack the knowledge, training, or experience to administer the test properly. A common result is that while the client believes that he or she has passed the test with flying colors, the police report often states that the client has failed miserably.
Houston dwi attorney lawyers
You thought a DWI in Houston, Texas could never happen to you…
You thought a DWI in Harris County, Texas could never happen to you or someone close to you, but now you have suddenly realized you are in a situation that you never expected. You are probably asking yourself, "What happens next?" or "What do I do now?" Contact Houston drunk driving defense attorneys Johnson, Johnson & Baer, P.C. to protect all of your rights. You can rest assured that the Government is going to do everything they can to suspend your Texas driver's license and try to convict you of Driving While Intoxicated (DWI). Whether you refused a breath test, urine test, or blood test or if you gave a breath test, urine test or blood test, the Texas Department of Public Safety can and will suspend your driver’s license unless you timely request a hearing to challenge the suspension of your license.
WARNING - You only have 15 days to save your license!!
You only have 15 days to request a hearing to challenge the automatic suspension of your Texas Driver’s License. Call now to speak to a Houston DWI Lawyer for a free DWI / DUI consultation and case evaluation.
Houston dwi attorney lawyers
If you have been arrested for a DWI/DUI in Houston, Texas, you may be thinking some or all of the following:
Don’t think the police treated you fairly?
Think you were not intoxicated?
Feel like the police took advantage of you?
Feel like the police didn’t give you a fair chance?
Wonder why you were even arrested?
Wonder what is going to happen next?
Feel like the field sobriety tests were designed to fail?
Confused? Scared? Embarrassed? Humiliated?
These are just some of the feelings that people have when they have been arrested for a DWI/DUI in Harris County, Texas. We certainly understand and sympathize with you in your thoughts and feelings. In fact, the arrest process, being taken to jail, being booked and fingerprinted is often degrading, embarrassing and humiliating. We understand each and every one of these feelings.
Houston dwi attorney lawyers
Your License, your Job and your Freedom
We understand that your License, your Job and your Freedom are important to you and we will fight to help save your License, Job and Freedom. Being charged with a Texas DWI does not mean that you are guilty of drunk driving. The State has a highly qualified team of police officers, government lawyers and scientists to try their best to convict you of Driving While Intoxicated. You need a highly qualified and skilled team of DWI lawyers to fight for you every step of the way. Johnson, Johnson & Baer, P.C. is comprised of technically trained, exceptionally qualified and aggressive yet compassionate criminal defense lawyers to fight the Government on all fronts. We believe that everyone has the right to a great defense that is aggressive, complete and solid.
Hire a Houston DWI Defense Attorney who focuses on Drunk Driving Offenses
When the State of Texas arrests you and charges you with Driving While Intoxicated and you don't think you have been treated fairly, you expect someone to go to battle to challenge the State of Texas and fight for your rights. If this is what you expect, we are the lawyers for you.
Houston dwi attorney lawyers
Don't let your Houston, Texas DWI be handled by just any criminal defense lawyer. The DWI defense attorneys at Johnson, Johnson & Baer, P.C. have practiced criminal law in the Greater Houston area since 1997. The firm has limited its practice to criminal law, and more specifically, to defending persons accused of DWI and other alcohol related offenses. Over 90% of the firm’s practice is devoted to defending DWI, DUI, BWI, Intoxication Assault and Intoxication Manslaughter charges against both adults and minors. Our lawyers are licensed to practice criminal law in all Texas Courts as well as most federal courts in the State of Texas.
Johnson, Johnson & Baer, P.C. focuses on representing citizens accused of Driving While Intoxicated (DWI), Driving Under the Influence (DUI), Intoxication Assault, Intoxication Manslaughter and all other alcohol related drunk driving offenses in the State of Texas. Come into our law office to speak to one of our DWI attorneys for a free DWI/DUI case evaluation. We guarantee to answer all of your questions. If all of your questions are not answered, you have lost nothing, and we guarantee you will receive more information than you ever wanted regarding your Texas DWI.
Houston dwi attorney lawyers
When choosing a DWI lawyer, your attorney's experience is extremely important. Johnson, Johnson & Baer, P.C. has experienced criminal defense lawyers and staff to help you through the entire DWI process and all aspects of your DWI case. In order to mount a serious attack on the Government’s case, your lawyers should have the necessary training, skills and trial experience to challenge the Government. Over the years, the DWI lawyers at Johnson, Johnson & Baer, P.C. have successfully obtained a high number of dismissals, “Not Guilty” verdicts and reductions of DWI's to lesser charges. Our goal and priority is to permanently keep a conviction for Texas DWI off of your record.
Dane Johnson is Board Certified in Criminal Law by the Texas Board of Legal Specialization and limits his practice to criminal defense. As a Houston, Texas DWI specialist, Dane Johnson specializes in defending those charged with DWI / DUI and other alcohol related offenses. Leslie Johnson limits her practice exclusively to DWI defense. Alan Baer has over 20 years of criminal defense experience and has handled just about every type of criminal case. Jordan Lewis is the newest member of the firm and brings a wealth of talent to the firm. The principals of the firm have defended hundreds of DWI cases over the course of their careers. With over 50 years of combined trial experience, let the Houston DWI attorneys at Johnson, Johnson & Baer, P.C. fight for your rights and defend your DWI case.
Houston dwi attorney lawyers
Find Experienced Houston DWI Lawyers
Johnson, Johnson & Baer, P.C. is a Houston, Texas criminal defense law firm concentrating in drunk driving cases including Driving While Intoxicated (DWI), Driving Under the Influence (DUI), Driving While Intoxicated with a Child passenger, Public Intoxication, Boating While Intoxicated (BWI), Intoxicated Assault and Intoxication Manslaughter and all other alcohol related offenses in Houston, Harris County, Fort Bend County, Montgomery County, Galveston County, Brazoria County and all other counties in the State of Texas.
The lawyers at Johnson, Johnson & Baer,P.C. have spent years training and perfecting their skills to defend DWI and other alcohol related offenses. Having an experienced Houston DWI Lawyer can mean the difference between winning and losing your drunk driving case. From the initial interview of a citizen accused of drunk driving to the conclusion of the case, the way your DWI attorney handles your case can have a lifetime impact on you. Frankly, a DWI charge or conviction in Houston, Texas can have serious and life-changing consequences. We are not here to scare you, however, if your DWI case is not handled properly, you could be dropped by your auto insurance company, you could lose your privilege to drive, you could be charged up to $8,000 in fines, fees and surcharges and you could still end up facing jail time. This is why it is of utmost importance to hire a criminal defense lawyer who focuses on handling Texas DWI's and other alcohol related offenses. You should hire the best DWI lawyer you can afford to handle your case. EXPERIENCE MATTERS!! Call today for a free DWI/DUI case evaluation.
Houston dwi attorney lawyers
Our DWI Defense Guarantee
Johnson, Johnson & Baer, P.C. guarantees that every case we handle will be thoroughly investigated for any and all potential flaws in the Government’s case. The Government is required to show that:
The arresting officer had a valid reason to stop you or come in contact with you,
The arresting officer had probable cause to arrest you,
The officer giving field sobriety tests was properly trained,
The field sobriety tests were given correctly,
The equipment used by the officer was working properly,
The person operating the equipment was certified in the use of the equipment,
The equipment was in working order at the time of its use, and;
The machine did what it was suppose to do
The person charged with DWI was intoxicated.
The person charged with DWI was actually "operating" a motor vehicle.
We have experience challenging the Government in all areas above and have been able to successfully challenge the Government in these areas. Because of our challenges to the Government’s cases, we have obtained many dismissals and "Not Guilty" verdicts for our clients.
Houston dwi attorney lawyers
Proven Results against Harris, Fort Bend, Montgomery, Galveston and Brazoria County DWI Cases
Johnson, Johnson & Baer, P.C. has successfully defended Texas DWI's, drunk driving charges and other alcohol related offenses. Our goal from the beginning of your DWI / DUI case is to get your case dismissed. We understand the importance of keeping a DWI off of your record. We have obtained numerous “not guilty” verdicts and had even more cases dismissed. OUR RESULTS SPEAK FOR THEMSELVES!!
Is your Texas Driver's License Important to you?
CAUTION!! You have only 15 days from the date of arrest to request a hearing on your driver's license. If you fail to request a hearing, your license may be suspended and you face the probability of paying huge fines for several years. It is important that you hire legal representation for this hearing to challenge the license suspension. Having legal representation for this license hearing provides the best opportunity for your attorney to question the arresting officer. Putting the officer on the stand helps to establish his or her position, which can be very beneficial to your case.
We have found that challenging your driver's license suspension is the most important step in fighting the DWI portion of your case. After we request the hearing on your Texas driver’s license, we have the opportunity to question the officer(s) that arrested you prior to a jury trial in your case. This is an invaluable opportunity for us to obtain information that often times leads to a favorable result in your case or leads to a dismissal of your DWI. Many lawyers never even take advantage of this unique opportunity to learn about your case.
Houston dwi attorney lawyers
Texas Driver's License Surcharge
TEXAS DRIVER LICENSE SURCHARGE!! Beginning with any Texas DWI Conviction for an offense committed on or after 09/01/03, the Texas Department Of Public Safety is authorized to charge a surcharge on your Driver’s License. This charge will range from $1,000.00 to $2,000.00 a year for three years. Depending on whether you provided a breath sample, and the results, you could be facing a $6,000.00 fee to keep your license. Now you can understand why it is so important to fight your DWI and Driver's License suspension. Now you know why the Texas road sign says, "A Texas DWI – You Can’t Afford It."
Call the Houston, Texas DWI Lawyers at Johnson, Johnson & Baer, P.C. immediately to discuss ways we can fight your Texas driver's license suspension and defend your Houston DWI charge.
Johnson, Johnson & Baer, P.C. handles the following types of Texas Alcohol Offenses:
Driving While Intoxicated - DWI
Driving Under the Influence - DUI
DWI with child passenger
Drunk Driving
Boating While Intoxicated - BWI
Drivers License Hearings
Public Intoxication
Administrative License Revocation - ALR
DWI suspensions and hearings from Drunk Driving
Felony DWI
Intoxication Assault
Intoxication Manslaughter
Failure to Stop and Give Information (FSGI)
Failure to Stop and Render Aid (FSRA)
Hit and Run
Houston dwi attorney lawyers
If you have been accused of a crime involving alcohol, please fill out the contact form or call Johnson, Johnson & Baer, P.C. at 713-222-0400 for a free initial consultation concerning your case. Our firm is ready willing and able to assist you through the DWI process. We answer the phone 24 hours a day, 7 days a week, 365 days a year. We understand that evenings and weekends are often the best time for our clients to meet. Evening and weekend appointments are available upon request and we accept all major credit cards.
Choosing the Right Lawyer
Houston DWI Attorneys - Choosing the Right Lawyer
If you have never been through the DWI process before, you are probably wondering how to choose a quality lawyer that will truly fight to protect your rights. Additionally, not knowing what to look for in a DWI defense lawyer makes the task of finding the right lawyer extremely difficult. Most people charged with a DWI in Texas want an attorney that is highly trained, experienced, and competent; a professional who can evaluate both factual and legal defenses to your DWI, compel the government to produce any reports, videos, or other evidence, and know how to attack the government’s case.
Hiring a quality DWI criminal defense lawyer is probably the single most important decision you can make. What attorney you hire to defend you can be the difference in winning and losing your case. When your life, liberty, and job are at stake, you need the best DWI defense lawyer fighting for your rights.
Regardless of which criminal defense lawyer you hire, you should feel comfortable with your attorney. Start your search by insuring that your lawyer is a DWI specialist – someone that devotes the vast majority of his/her practice to DWI defense. Their constant experience with DWI cases makes tailored to your specific needs. You certainly don’t want a lawyer that is unfamiliar with how to defend a DWI because he or she only handles a case like yours. Find an attorney who focuses on DWI / DUI defense.
Additionally, you should look at the experience your DWI lawyer has both in and out of the courtroom. Make sure your attorney spends a great deal of time in the court where your DWI case is pending and that he or she has handled many DWI cases in front of the judge in your court – you want a DWI attorney familiar with where your case's outcome is to be decided.
Houston dwi attorney lawyers
DWI law is one of the most complex areas of law. The laws are constantly evolving and changing with each opinion of our appellate courts. Your DWI lawyer needs to be familiar with the current state of the DWI laws pertaining to your case. A quality DWI lawyer has to use the law, science, and careful examination of the government’s witnesses to protect your Constitutional rights.
Just as importantly, get references. For example, the DWI defense attorneys at Johnson, Johnson & Baer, P.C. have represented clients referred by judges, other crimnial and civil lawyers, police officers and former clients. These referrals speak for themselves – let a successful DWI defense lawyer assist you through your DWI experience.
Always meet your lawyer face to face to discuss your case. Do not hire an attorney over the phone. If an attorney promises you a result in your case or seems too good to be true, be cautious – have them put the guarantee in writing. You should never feel pressured or bullied into hiring a lawyer to defend your DWI case. Any attorney that demands that you hire him or her on the spot should be avoided.
Finally, hire the DWI defense lawyer you feel has the best credentials and who provides you with the most information about your DWI case. Ask a lot of questions and demand answers – don’t let the lawyer side-step around what you need to know. Your attorney should be able to provide you with extensive information and demonstrate his expertise in the DWI field.
Don’t hesitate to ask lawyers about their credentials – remember this is your license, your future, and your freedom. You should ask your DWI defense attorney:
Houston dwi attorney lawyers
How many DWI cases have you handled?
How many DWI Jury Trials have you had in the past 12 months?
What percentage of your practice is dedicated to DWI defense?
Are you Board Certified by the Texas Board of Legal Specialization?
Do you belong to the National College for DUI Defense?
How long have you dedicated your practice to DWI defense?
Do you have a reputation for going to trial or pleading DWI cases guilty?
Do you have experience in investigating and litigating a DWI?
Do you handle the ALR and Driver’s License Hearing yourself?
Who will be in court with me – a partner or an associate?
Am I eligible to receive an occupational license if my license is suspended?
What are the Standardized Field Sobriety Tests in a DWI case?
Have you received training in the proper administration of the Field Sobriety Tests?
Are you trained and qualified on the proper use of the CMI Intoxilyzer 5000?
Do you own an Intoxilyzer 5000?
What Continuing Legal Education (CLE) courses have you attended in the past year?
Do you attend updates for the Intoxilyzer 5000?
How many officers have you cross-examined in a DWI jury trial?
What will the cost be for a quality DWI defense lawyer?
Your lawyer should be able to readily answer any and all questions about your DWI. If you sense hesitation on the part of the attorney you are interviewing, that attorney probably does not devote the majority of his/her practice to defending DWI / DUI cases.
Houston dwi attorney lawyers
Houston Criminal Law FAQ
How drunk or high does someone have to be before he can be convicted of driving under the influence?
In most states, it's illegal to drive a car while "impaired" by the effects of alcohol or drugs (including prescription drugs). This means that there must be enough alcohol or drugs in the driver's body to prevent him from thinking clearly or driving safely. Many people reach this level well before they'd be considered "drunk" or "stoned."
How can the police find out whether a driver is under the influence?
Police typically use three methods of determining whether a driver has had too much to be driving:
Observation. A police officer will pull you over if he notices that you are driving erratically -- swerving, speeding, failing to stop or even driving too slowly. Of course, you may have a good explanation for your driving (tiredness, for example), but an officer is unlikely to buy your story if he smells alcohol on your breath or notices slurred words or unsteady movements.
Sobriety tests. If an officer suspects that you are under the influence, he will probably ask you to get out of the car and perform a series of balance and speech tests, such as standing on one leg, walking a straight line heel-to-toe or reciting a line of letters or numbers. The officer will look closely at your eyes, checking for pupil enlargement or constriction, which can be evidence of intoxication. If you fail these tests, the officer may arrest you or ask you to take a chemical test.
Blood-alcohol level. The amount of alcohol in your body is understood by measuring the amount of alcohol in your blood. This measurement can be taken directly, by drawing a sample of your blood, or it can be calculated by applying a mathematical formula to the amount of alcohol in your breath or urine. Some states give you a choice of whether to take a breath, blood or urine test -- others do not. If you test at or above the level of intoxication for your state (.08 to .10 % blood-alcohol concentration, depending on the state), you are presumed to be driving under the influence unless you can convince a judge or jury that your judgment was not impaired and you were not driving dangerously. Defense attorneys often question the validity of the conversion formula when driver's alcohol levels are based on breath or urine tests.
Do I have to take a blood, breath or urine test if asked to do so by the police?
Houston dwi attorney lawyers
No, but it may be in your best interests to take the test. Many states will automatically suspend your license for a year if you refuse to take a chemical test. And if your drunk driving case goes to trial, the prosecutor can tell the jury that you wouldn't take the test, which may lead the jury members to conclude that you refused because you were, in fact, drunk or stoned.
Houston dwi attorney lawyers
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