The men in my family are Texans.  Some born when the frontier was near, they worked hard and enjoyed adventures.  One uncle captured headlines when he single-handedly flew his bomber back from a mission that killed all of his companions and virtually destroyed the aircraft.  Another fought his way across Guadalcanal in the bloodiest battle of World War II.  A third brought me photos of penguins he saw on his trip to Antarctica.  All were brave and interesting men, but my father was the most important influence in my young life.  He was a craftsman and builder of critical instruments, selling his expertise around the world.  He traveled across America and Europe, providing the training and expertise for a Brazilian airline to manage a fleet of US-built aircraft.  He and my mother were on the last US plane that fled Iran when the Ayatollah took over.  Throughout his life, he took care of his family and those who worked with him.   

My father admired the ideals of the Texas frontier, law and education.  He made it possible for me to become the first in our family to graduate from college and then go on to law school.  My family showed me the value of work, adventure and contribution.  They lived by the Code of the West:  “Ask no more and give no less than honesty, courage, loyalty, generosity and fairness.”  I have spent my life following their valuable examples.

My formal education was at the University of North Texas and SMU Law School in Dallas.  I joined the US Air Force and began practicing law in 1971 as an Assistant Judge Advocate General (JAG) at a large training base in Texas.  Although I was assigned primarily as a prosecutor, I was given the opportunity to defend some cases, allowing myself a more balanced view of criminal justice than many lawyers could enjoy so early in their careers.

After leaving the Air Force, I began a successful defense practice.  In 1982, I was selected as Associate Judge (then called Master) for the District Courts of Dallas County.  After my service of ___ years, I returned to private practice.  I resumed an active trial and office practice, handling criminal, personal injury and family law cases.  Today, my main focus is DWI defense.

What happens with your case is very important for you, your family and your future.  Over 35 years of legal experience has taught me that a successful law office combines intelligent, aggressive and ethical legal representation and quality communications with my clients.  When you are my client, you are treated with integrity and respect.  I use the latest technology and most cost-effective business practices to ensure that you are up-to-date with the events and activities in your case.  I am experienced in trial and the legal process and have training and experience in forensic law and science.  You deserve to be represented by someone with the combined wisdom of experience and understanding of the law.  It is, after all, your future…your life.

21. May a police officer force a person to take a breath or blood test ?
A law enforcement officer is required to take a specimen of a driver’s breath or blood:
1) if there is a DWI arrest and an accident;
2) the officer has a reasonable belief that any individual has died or will die or another individual (not the person arrested) has suffered a serious bodily injury; and,
3) the person driving refused to give a voluntary specimen.
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22. Can a person drink an alcoholic beverage while driving a car ?
No! It is a class C misdemeanor for a driver to operate a car and personally possess an open alcoholic beverage container. This penalty, as noted earlier, increases if the driver is arrested for DWI. Additionally, recent legislation also prohibits any passenger from having an open alcoholic container unless the person is a passenger in a limousine, bus, taxi, or the living quarters of a motor home.
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23. Do I have the right to use the telephone to call an attorney for assistance ?
Maybe! There is no statute or court decision that provides that the police must allow you access to a telephone in order for you to speak to an attorney for advice and assistance. From a constitutional perspective, however, in the author’s opinion, a person arrested for DWI probably has a due process right of reasonable access to a telephone to contact an attorney for the propose of arranging bail, preserving exculpatory evidence, and in deciding to answer interrogation questions asked by police.
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24. When does a person arrested for DWI have an absolute right to the assistance of an attorney ?
Under our Federal and State Constitutions, persons have an absolute right to the assistance of an attorney at their criminal trial. However, such is not the case in every pretrial stage which precedes the trial. Indeed, in some pretrial stages, a person in custody has a right to assistance of an attorney for one purpose but not for another purpose, i.e., for assistance in answering police interrogation questions but not for deciding whether or not to take a breath or blood test.
Generally speaking, any person who is in custody of a police officer wherein it would objectively be viewed he is under arrest, even if the person has not been told so, is entitled to be informed of his rights to remain silent, to have assistance of a lawyer prior to and during any interrogation, to have a free attorney if he is financially unable to hire one, and, to terminate any such interrogation. However, deliberate or negligent violations of these rights by police do not mean the person’s criminal prosecution will be dismissed. Rather, the remedy for such violations is merely to declare the use of the person’s incriminating statements illegal and to preclude them from being used against him by preventing their admission into the prosecution’s evidence.
In regard to the above exclusionary rule, two things need to be remembered. First, police do not have to inform arrested persons of their rights if no interrogation questions will be asked. Second, if police do intend to ask interrogation questions and intend to use the person’s answers as evidence of guilt, they need to not only make sure the arrested person understands the rights, but also, they need to prove the person knowingly and intentionally gave the rights up.
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25. What can a knowledgeable attorney do for me immediately after I’ve been arrested for DWI ?
A lot! As a few examples, a knowledgeable attorney can assist an arrested person in being released from jail by arranging for or posting bond. A lawyer’s presence with you, either in person or on the telephone, can also deter the police from intentionally violating your rights and by preventing the police from negligent violations of them too. Here, it should be noted that all persons arrested for DWI who have taken the police breath or blood test, and even a few who have not, have a statutory and\or due process constitutional right to a second independent blood test by their doctor if performed within two hours of arrest. Accordingly, a lawyer benefits the arrested person because he has a greater chance of arranging for and coordinating such a blood test than does the person in jail for DWI.
As a final example, a lawyer can offer advice as to whether or not it would be of any benefit to answer questions, perform exercises, or to make a statement explaining and proclaiming your innocence while you are being video/audio recorded by the police.
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26. If I refuse a chemical test or if I’m found to have an alcohol CONCENTRATION of .08 or more at the time of vehicle operation, can anything be done to prevent my license from being suspended ?
Recent changes in the law allow law enforcement officers to immediately seize the driver’s license of a person arrested for DWI if the person either refuses or fails a chemical test. If this happens, the officer should also issue the citizen a temporary driving certificate authorizing the person to drive legally for forty days. Furthermore, although your license has been seized, you have the right to what is called an Administrative License Revocation Hearing (we call them ALR hearings). After you are arrested for DWI and either refuse or fail chemical testing, a peace officer is required to give you written notice that your driver’s license will be suspended. After the officer does that, you will have 15 days from that date to request, in writing, a hearing from the Department of Public Safety (DPS) headquarters in Austin. Alternatively, if you fail to request a hearing, you waive that right and your license will be suspended on the 40 th day after receiving notice.
If the officer fails to provide you with notice of your license suspension, the DPS will mail a notice to you, via certified mail, that your driver’s license is subject to suspension. This is important because instead of the 15 days to file for a hearing from the date of your arrest, you now have 15 days from the date you receive the DPS notice. Notice is presumed to have been received 5 days after it is mailed, triggering the 15 day time limit to request a hearing. Accordingly, do not rely on receiving notice from the Department to request a hearing or you might end up waiving that right. This is also a good time to confirm that the address on your driver’s license is correct with DPS, because that is where the DPS will send the notice. For notice by mail purposes, your driver’s license address is your mailing address, even if it is the incorrect address. This is because you have a duty to report address changes to the DPS within 30 days of moving. Accordingly, be sure to have your license address changed if you have moved since obtaining your license.
When you make your request for an ALR hearing, the suspension of your driver’s license is stopped while you await the hearing, although your temporary permit is only initially good for forty days. Should your ALR hearing be scheduled more than 40 days after your arrest, your attorney can ask the DPS to extend your provisional license until your ALR can be heard. Furthermore, if you lose your hearing, you also have the right to appeal. To appeal, you must request the appeal within 30 days after the judgment becomes final. Otherwise, you waive the right to appeal and your driver’s license will be suspended on the 40 th day after the judgment becomes final. Again, while you are waiting for the appeal to be heard, your driver’s license suspension is stopped, but only for a period of 90 days. Your license will be suspended on the 91 st day, even if your appeal has not been ruled upon. Here, however, if you win your appeal, then your suspension is lifted. Whether your suspension can be prevented is, however, dependent upon whether you have been convicted of an alcohol related offense or had any suspensions imposed against your driving privileges within the past 10 years, or whether your driver’s license has been suspended in relation to a drug or alcohol related offense in the past 10 years. If you fit into one of these categories, your driver’s license is suspended on the 40 th day after the final judgment during the pendancy of your appeal. Again, however, the suspension is vacated if you win your appeal. Lastly, if you ultimately lose your license to a suspension, you can still have it reinstated if you win your DWI case by being found “not guilty.”
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27. Why is it important to request a hearing?
There are a number of good reasons to request an ALR hearing. First and foremost, the best reason to request such a hearing is to attempt to save your driving privileges. Second, by requesting an ALR hearing, you force the State of Texas to prove the police officer that stopped and arrested you did so with either reasonable suspicion or probable cause. By litigating these issues, you ensure that your rights are protected. Also, if the State fails to prove that probable cause or reasonable suspicion existed to stop or detain you, it might be prevented from re-litigating the same issues in your subsequent criminal prosecution for DWI. This could result in a dismissal of the criminal charges against you.
In the ALR hearing there are two possible theories of prosecution that the State will argue. The first is that you refused to take an alcohol breath-test and the second is that you took such a test and failed it. The DPS must prove the following depending upon the facts of your case:
a) Suspension based on a refusal:
If you have refused to submit to chemical testing then our law requires the State of Texas to prove the following at an ALR hearing:
1) reasonable suspicion or probable cause existed to stop or arrest you;
2) p probable cause existed to believe you operated a motor vehicle in a public place while intoxicated;
3) you were placed under arrest and properly requested to submit to chemical testing; and,
4) you refused the test upon proper request of the officer.
b) Suspension based on a test failure:
The issues are slightly different if you submit to and fail chemical testing. If you fail, the DPS must prove the following two issues:
1) that you had an alcohol CONCENTRATION of .08 or more while operating a motor vehicle in a public place and at the time of testing; and,
2) that there was probable cause to arrest or reasonable suspicion to stop you.
Proof is generally submitted in the form of the arresting officer’s written affidavit, but sometimes subpoenas are issued and the officer actually testifies. In either event, a skilled and knowledgeable attorney is a necessity to ensure that your rights are protected.
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28. If my driver’s license is suspended because I refused a chemical test or because I was convicted of DWI, then what are the penalties for driving while the license is suspended ?
This type offense, known in legal circles as Driving While License Suspended (DWLS), is a misdemeanor and carries with it the possibility of 3 days up to 6 months incarceration and $100.00 to $500.00 fine for each violation, unless it is enhanced to a Class A Misdemeanor. Then the penalties will increase.
Fortunately, if your driver’s license is suspended you may apply for an Occupational Driver’s License. To receive an Occupational Driver’s License the law requires that good cause be shown. Examples of “good cause” under our law would be going to and from work, taking children to and from school, going to and from a religious service, traveling to or from a grocery store, or traveling to or from a medical facility for treatment. This license allows you to drive during a 12 hour period per day. This privilege is, however, subject to restrictions.
Note, however, you cannot be issued an Occupational License if you already had one in the last 10 years. Also, you might be required to install an alcohol interlock device on your car and fulfill some of the same requirements necessary for probation.
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29. How long will a DWI arrest stay on my record and will it effect my automobile insurance rates ?
“It depends” and “absolutely”! If a person receives a final conviction for DWI it will always remain on her record. Our expunction law does, however, allow for the destruction of arrest records if a number of very specific conditions are met. Unfortunately, the records relating to a driver’s license suspension or revocation are not subject to expunction, even though the arrest records may be expunged.
In reference to insurance rates, if you receive a DWI conviction, the great likelihood is that your insurance rate will at least quadruple.
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30. What is a surcharge ?
A surcharge is an administrative penalty charged by the Texas Department of Public Safety as a fee for a person to maintain their driver’s license after they have suffered either a DWI conviction or submitted to a chemical test which showed an alcohol CONCENTRATION of .16 or more. The surcharge is assessed for 3 years following either of the aforementioned events. Specifically, the surcharges are:
1) $1,000.00 per year for a DWI 1 st conviction;
2) $1,500.00 per year for subsequent DWI convictions; and,
3) $2,000.00 per year for registering a .16 or more.
There is a great deal of controversy that the surcharges are really nothing more than an additional fine charged by DPS. If the surcharge is deemed to be an additional by the Texas judiciary, then they will ultimately be deemed unconstitutional as a violation of a person’s double jeopardy rights. If a .16 surcharge is assessed prior to the DWI trial ending and it is paid, then may be possible to assert a double jeopardy bar that would preclude the DWI trial from ever occurring. Clearly, there will be more litigation in the future on surcharges.
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31. Are there different DWI laws for minors ?
Yes. Although minors between the ages of 18 and 20 may be charged and prosecuted under the adult DWI laws, the laws for minors differ significantly than those for adults. There, the issue is not whether a minor drove while intoxicated , but rather, a minor need only to have driven while under the influence of alcohol to be convicted (DUI). The law states that a minor commits an offense if he operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. Furthermore, although Texas law prohibits the prosecution and conviction of juveniles for many offenses, the legislature has made special exceptions to prosecute juveniles who drink alcohol and drive.
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32. What is a minor for purposes of DWI and DUI ?
A minor is any person under twenty-one years of age. Thus, a minor is not necessarily a juvenile. Persons between 18 and 20 years of age may be classified as minors, but may also be prosecuted as adults.
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33. Can police ask a minor to take the breath test?
Yes, the law here is the same as for an adult. Texas law deems that all persons who drive with a Texas license have already conditionally agreed, after being arrested, to take either a breath or blood test upon being properly requested to do so by a police officer. A proper request requires the officer to not only read a required statutory script, but also, to furnish the written script to the arrestee before the test request is made. Again, there is no deemed consent for urinalysis testing.
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34. Can a minor accused of DUI refuse to take the breath test ?
Yes, however, a minor’s refusal to submit to a properly requested breath test will result in the following penalties:
1) suspension of your driving privileges for not less than 120 days if this is your first arrest for an alcohol related driving offense. If you were arrested but do not have a license, the state will not issue one to you for 120 days; and,
2) a 240 day suspension of your driving privileges if your record reflects one or more drug or alcohol related offense during the five year period preceding your arrest.
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35. What if a minor takes the breath test and it shows .08 at the time of driving ?
Texas law states that if a minor has any detectable amount of alcohol in his system, the minor’s driving privileges will be automatically suspended for not less than 60 days, even when the minor takes a breath test and the result shows an alcohol CONCENTRATION less than .08 at the time of driving. Furthermore, if the test result confirms the presence of alcohol or any other drug in the minor’s system, that evidence will be used against the minor a subsequent criminal prosecution for DWI or DUI.
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36. D oes a DWI or DUI conviction affect a minor’s driving privileges ?
The Department of Public Safety will automatically suspend the license of any minor convicted of an alcohol related driving offense for one year. Furthermore, if the Department can show that the minor is addicted to the use of alcohol, then the minor becomes ineligible to keep or obtain a driver’s license.
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37. Can a juvenile minor go to jail for an alcohol related driving offense ?
The Juvenile Justice Code classifies first-offense DUI and other alcohol-related driving offenses as delinquent conduct indicating a need for supervision. What this means is that a juvenile convicted of first offense DUI can be placed on probation or committed to the Texas Youth Commission for confinement and rehabilitation. Furthermore, a minor above the age of 17 can be sentenced to up to 180 days jail on the third conviction for DUI or the first conviction for DWI. Interestingly, however, a police officer who charges a minor with DUI is not required to take the minor into police custody, but may merely issue the minor with a citation and court summons.
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38. What are the penalties for DUI and minors ?
Generally speaking, the penalties for Driving Under the Influence of alcohol as a minor, in addition to suspension of your driving privileges, are as follows:
a) First Offense: Class C misdemeanor. If you are under age 18 the court will require your parent or guardian to be present with you at every court appearance. Furthermore, the parent or guardian can be forced to attend by the court. Upon conviction, a minor may be fined, and will be required to complete a minimum of 20 and a maximum of 40 hours community service related to education about or prevention of misuse of alcohol. Additionally, the minor will be required to attend an alcohol awareness program sponsored by the Texas Commission on Alcohol and Drug Abuse within 90 days. Furthermore, if the minor is under age 18, the court may require the minor’s parent or guardian to attend the program with the minor. If the minor fails to complete the alcohol awareness course within the 90 day period the court may impose an additional license suspension up to six months. For a first offense the minor may receive deferred adjudication, however, an order of deferred adjudication for DUI is considered a conviction. If the minor receives only one conviction for DUI (while a minor), that conviction may be expunged from his record after his 21 st birthday.
b) Second Offense: Everything for a first-offense conviction applies to a second conviction, with the following exceptions: The minor will be required to complete a minimum of 40 and a maximum of 60 hours community service related to education about or prevention of misuse of alcohol. Furthermore, a second or any subsequent conviction may not be expunged from your record, however, the minor may still receive deferred adjudication for a second offense.
c) Third Offense: Class B misdemeanor. For a third offense the minor will still be required to complete between 40 and 60 hours of community service, however deferred adjudication is no longer an option. As with the first two offenses the minor will be required to attend an alcohol awareness program within 90 days of your conviction, and if the minor is under age 18 a parent or guardian will be required to attend both the minor’s court appearances and the alcohol awareness program. If, on the other hand, the minor is 18 years of age or older at the time of his third offense, the penalty is much higher. Specifically, the minor will receive a fine ranging from $500.00 to $2,000.00; confinement in jail for up to 180 days; or both a fine and some jail time in addition to a license suspension.
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39. Can Texas suspend my license if I received it in another state ?
No! Texas can, however, prevent you from applying for a Texas license during the period of suspension that would apply to you if you did have a Texas license. Further, because Texas and most states belong to the Interstate Compact on Driver’s Licenses (kind of a treaty amongst the states) , you may still suffer a license suspension in your own state if Texas notifies it of the suspension you were supposed to have here.
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40. Do I need a lawyer to help me in a DWI prosecution and an ALR proceeding ?
Absolutely! You need not just an ordinary lawyer, but rather, one skilled in representing persons charged with DWI. There are many lawyers that take DWI cases, however, there are only a few lawyers who actually try motion hearings, litigate jury trials and ALR proceedings. You should take the task of finding a good lawyer very seriously because it really will adversely affect your life and your future if make the wrong choice. No matter how smart you may think you are, you simply cannot defend yourself as well as a skilled, knowledgeable and experienced DWI/ALR trial lawyer.
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The Fourth Amendment of the United States Constitution Guarantees Your Right to be Free From Unreasonable Search and Seizure.

Right to Remain Silent

Always demand to see warrant and realize that if the police have no warrant they will seek your consent to search. If you give them consent you will have waived your fourth amendment rights. This gives the police discretion to invade your right to privacy.

Right to Speak to an Attorney,

Not all persons charged with crimes are guilty

Not all individuals who are charged with crimes by the government are guilty. Rarely does the “system” intentionally arrest and charge an innocent person but false allegations by vindictive spouses, business partners, angry family members, or others with a motive to make false allegations are sometimes made. Also, sometimes a person just finds themselves in the wrong circumstances which at first appearance make them look guilty.

I know first hand having worked for the government as a prosecutor how the system can make mistakes because of false allegations, or over zelous prosecutors and police officers. While I believe that most prosecutors and police officers are honest people doing a tough job I know from personal observation as a former prosecutor that the police and prosecutors often develop “tunnel vision” or confirmation bias” where they form an initial impression about one persons guilt and the entire investigation is tunneled or focused on proving that person’s guilt while exculpatory information and other suspects are over looked.

The system is therefore usually quick to react deciding that the suspect is guilty and it kicks into full gear to prove that guilt and puts blinders on as to all other possibilities including the persons innocence.

It does therefore happen that innocent people are charged with criminal offenses. When it does I am proud to be the one person who stands up to the police and the prosecutors on behalf of these individuals.

Protecting the rights of the guilty as well as the innocent is essential to maintaining liberty

Most people do not understand how I fight for those who I know are guilty.

When the founding fathers wrote the Declaration of Independence they declared a belief that all men . . . are endowed by their Creator with certain unalienable rights. The same founding fathers went on to write the Constitution of the United States and the Bill of Rights which set forth those specific rights. The United States Supreme Court has recognized that the constitutional rights of criminal defendants are granted to the innocent and the guilty alike. Kimmelman v. Morrison, 477 U.S. 365 (1986).

Therefore, in our system of justice the guilty have the same constitutional rights as the innocent. But why me and how do I stand up and fight for someone who is guilty? The answer to that question is that someone must. Otherwise, without criminal defense attorneys how does the system sort out the guilty from the innocent. Furthermore, as recognized by the British Historian Lord Acton, power tends to corrupt; absolute power corrupts absolutely. I truly believe that if our government were allowed to employ a criminal justice system that denied lawyers, or due process, or the other fundamental rights insured by the Constitution to those it believed were guilty that it would not be long before those in power in order to advance their own political and economic interests would deny those rights to the innocent as well. Without criminal defense lawyers to protect the rights of the innocent as well as the guilty it would not belong before we lived in King George’s Britain or Stalin’s Russia, or Hussain’s Iraq. When I stand up in court and give everything I have to protect the rights of a person I know to be guilty I am proud to be a warrior and defender of the constitution doing my small part to maintain American Liberty.

Those are the reasons I do what I do.

Although you can find lawyers with lower or higher fees, oue fees are comparable with other experienced DWI lawyers. We try to be clear that this is too important to do “cheaply”, but we will offer the lowest reasonable cost practicable for the services that you want. You should be very thoughtful in selecting your attorney and the services for your DWI. if you select our firm, you’ll know in advance what services we will provide and what you’ll be charged. We work with you for payment plans and credit card payments. . Why pay the same fee to an attorney who doesn’t focus on DWI when you can hire a DWI attorney for the same amount?

Most clients do not want to take their cases to trial, but they want the best outcome possible. Sometimes the best option is trial because they havew a good chance of wining the trial or there is a possibility they may lose their jobs or livelihood, etc. Because we focus on defending DWI cases and are always looking for the next case we can win, we want to evaluae every case closely before advising a client about their options. Our fees are structured so that you need to pay only for the services that you desire and require and most clients elect to get our advice before deciding whether or not to commit the time and money trial requires. Our office does not charge by the hour. Instead, we charge a flat rate based on the type and amount of work required by the individual client. These fees are discussed fully with each client

 We charge on a flat fee basis. A flat rate is a one-rate payment to cover all of the costs of handling your DWI case..

 The flat fees quoted below for a DWI charge include: 1) an investigation into the facts and circumstances of your case; legal research; advice to you about your case and offer of plea agreement; and, a plea of guilty or no contest to the charges or to some lesser included offense that disposes of the charges, OR 2) the flat fee may include all of the above plus trial. The following factors are considered in setting a fee

1.   The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly. 
2. The county where the case if filed. Some counties and prosecutors are easier to deal with and therefore take less time for the attorney to handle your case.
3. The fee customarily charged in the locality for similar legal services.
4. The seriousness of the case, whether it is a Misdemeanor or a Felony.
5. Time limitations imposed by the client or by circumstances. 
6. Nature and length of the professional relationship with the client. 
7.  Whether the client is seeking plea or trial representation.

 Some clientspay as little as $500 for a plea and $1,500 for a trial, but these fees provide very fee services and most clients decide to pay for more complete representation as explained below. The range for usual fees can be broad because the circumstances differ so this is intended as only a general guideline. The actual fee in your case will be custom designed for the benefits and services you want in your case.

 Payment Plans and Options

We provide payment plans for our clients at no additional charge and with no credit requirements. Our law office accepts cash, personal checks and ALL major credit cards.

·        Is it important to request an ALR hearing?

·        If I submit to a chemical test and my alcohol concentration is below a .08, can I still lose my license?

·        If my license is suspended, what are the penalties for driving while the license is suspended?

·        If my license is suspended, how do I get to work or take my kids to school?
If I refuse or fail a chemical test, what can be done to prevent my license from being suspended or revoked?
Texas law permits an officer to seize your driver’s license when you are arrested for DWI and either refuse or fail a chemical test. The officer will give you a temporary driving permit that is contained in the form they read you informing you of the potential penalties of a chemical test failure or refusal. This temporary permit is valid for 40 days. You also have the right to request an Administrative License Revocation hearing (ALR hearing). If you refuse or fail a test, the officer is required to give you written notice that your driving privilege will be suspended. After he does, you have 15 days to request the ALR hearing. If you fail to properly and timely request a hearing, your privilege to drive will be suspended on the 40th day after you received notice. If you have not already made this request, use the information and FREE FORM provided on this website to make the request.  To go to the page with the FREE FORM, CLICK HERE
If the officer fails to give you notice of your license suspension, DPS will mail you notice, that your driver’s license is subject to suspension. You now have 15 days from the day you receive notice to request the ALR hearing. Notice is deemed to be received 5 days after it is mailed. Therefore, do not rely on receiving notice from DPS before you request a hearing, or you may waive that right. Notice by mail will be sent to the address on your driver’s license, even if it is incorrect. The law requires that all drivers report address changes on their license within 30 days of moving. Therefore, you need to be sure you correct address is on your license.
 
By requesting the ALR hearing, you gain many benefits, which are discussed in the next question.

Is it important to request an ALR hearing?
Requesting an ALR meeting is extremely important! First of all, it gives you the chance to prevent your driving privileges from being suspended. When a proper and timely request for an ALR hearing is made, the suspension of your driving privilege will not occur until the ALR hearing is held and the Judge suspends the license. If you win the ALR, your driving privilege will not be suspended and DPS has to return your actual license. If you have your DWI trial before the ALR and you are found Not Guilty, your driving privilege will not be suspended. If you lose the ALR and your driving privilege is suspended, and you subsequently are found Not Guilty in your DWI trial, you can have your driving privilege immediately reinstated and the suspension removed from your driving record, no matter how long the suspension is for. It is the license holders’ responsibility to advise DPS of the not guilty verdict.
Second, by requesting the hearing, you force the State of Texas to prove that the officer who arrested you either had a reasonable suspicion or probable cause to do so. If the State fails to prove that the officer either had a reasonable suspicion or probable cause to arrest you, that ruling could assist you in the DWI trial and possibly in getting the DWI dismissed or a reduction in the charge. The Department of Public Safety (DPS) must meet its burden of proof at the ALR hearing to suspend your license. The following elements must be proven only by preponderance of the evidence:
1. Refusal to Provide Specimen.

2. That reasonable suspicion to stop or probable cause to arrest the Defendant existed.

3. That probable cause existed that the Defendant was driving or in actual physical control of a motor vehicle in a public place while intoxicated.

4. That the Defendant was placed under arrest and was offered an opportunity to give a specimen of breath or blood under the provisions of Texas Transportation Code Chapter 724 AND…

5…that the Defendant refused to give a specimen on request of the officer. It is important to note that “refusal” for purposes of suspension is any failure to provide the requested specimen for any reason. Examples of what courts have deemed refusal are: requesting an attorney, insufficient sample as measured by the machine, failure to make decision in a timely manner, etc.

If the DPS fails to meet its burden of proof at the ALR, then your license will not be suspended.
Third, this is a time for you to get discovery about your DWI case. By subpoenaing the officer to court, you will get sworn testimony of the officer; often times telling the experienced DWI lawyer what the true defense to your DWI will be at trial. The ALR hearing, conducted aggressively, has assisted many clients in being found Not Guilty at the DWI trial.

If I submit to a chemical test and my alcohol concentration is below a .08, can I still lose my license?
Yes, but only after trial. You would have to be convicted, and as a result of being convicted, the Judge or DPS would have to suspend your license. It would not automatically be suspended as a result of the chemical test.
If my license is suspended, what are the penalties for driving while the license is suspended?
This offense is known as “Driving While License Suspended” (DWLS) and is a Class “B” Misdemeanor with a range of punishment from 3-180 days in jail and/or $100-$500 fine for each violation. The penalties are increased if it is enhanced to Class “A” Misdemeanor.
If my license is suspended, how do I get to work or take my kids to school?
You may apply for an Occupational Drivers License (ODL). To obtain an Occupational, good cause must be shown. Driving to work, taking the kids to school, driving to the grocery store, and driving to a medical facility are all examples of good cause. This license permits you to drive during a 12 hour period of time each day, and is subject to restrictions. However, if you have had an alcohol related contact in the previous 10 years, you are not eligible for an Occupational Drivers License for the first 180 days of the subsequent suspension. You may also be required to install an ignition interlock device on your car.
If I lose my Drivers License, how do I get it back?
If a suspension is ordered either automatically or after hearing, a driver must submit a reinstatement fee of $100.00 to TDPS before the license will be reinstated. It is smart to send this fee to TDPS as soon as they learn that a suspension has been ordered. Again, because of the huge bureaucracy that has been created under the new law, waiting until the 60th or 90th day to submit your reinstatement fee will prolong reinstatement of your license until the fee has been both received and entered on the TDPS computer system.

There is a special TDPS form that must be submitted to reinstate your driving privileges. This form together with the reinstatement fee must be paid by money order, cashier’s check or personal check and sent by certified mail, return receipt requested for proper documentation of payment and receipt to: Driver Improvement and Control Texas Department of Public Safety P.O. Box 15999 Austin , Texas 78761-5999

 
NOTE: Driving privileges will be suspended INDEFINITELY until the Reinstatement fee has been received and posted on the TDPS computer.

 The following are the answers to the most frequently asked questions about legal limits, chemical tests and hiring a lawyer in the event you’re charged with DWI.

·       How drunk or high are you before you can be convicted of driving while intoxicated (DWI)?

·        How can the police find out whether a driver is under the influence?

·        Am I required to take Field Sobriety Tests?

·        Do I have to take a blood, breath, or urine test if asked to do so by the police?

·        If I’m stopping for driving under the influence, am I entitled to talk to an attorney before I decide to submit to a chemical test?

·        If I’m stopped for driving under the influence, can a police officer ask me questions without reading me my rights?

·        I’ve been charged with DWI. Should I get a DWI Lawyer?

·        What options are available to conclude my case?

·        What is the State’s burden of proof to prove me guilty?

·        How long will a DWI arrest stay on my record?

·        How will a DWI affect my insurance?

 How drunk or high are you before you can be convicted of driving while intoxicated (DWI)?
In Texas , 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 you from thinking clearly or driving safely. Many people reach this level well before they’d be considered “drunk” or “stoned.” The blood alcohol content (BAC) level that Texas has set for DUI (driving under the influence) and DWI (driving while intoxicated) is strict. DWI is the adult crime, which is set at 0.08% alcohol in the blood system, but a conviction is possible for lower amounts if it can be proven that the driver was impaired enough to prevent you from thinking clearly or driving safely. The legal definition of intoxication in Texas is:

not having the normal use of mental 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 substances into the body; OR
not having the normal use of 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 substances into the body; OR
having an alcohol concentration of 0.08 or more.
Any one of the three ways in order is sufficient to obtain a conviction. Therefore, if there is no breath or blood test, the person has the normal use of their physical faculties, but a jury believes that the person lost the normal use of their mental faculties, they may find the person guilty. However, it can be argued that people will lose both the normal use of their physical and mental faculties together, and if the evidence shows they only lost one of them and not the other, there is likely to be a logical explanation for that, meaning, they are not intoxicated (Not Guilty).

A person is charged with not having the normal use of THEIR mental or physical faculties, NOT the normal use of the Judges, the Prosecutors, or the Jurors mental and physical faculties. Remember, everyone has a “range” of what is normal for their faculties. It is not one particular point on a scale, and what is normal varies day to day. Some days are better than others. For example, on a scale of 1 to 10, normal is not one particular number, rather it is better described as a range between 3 and 8 for the average person. Even though most people talk about “DWI” (i.e. friends don’t let friends drive drunk), a person does not necessarily have to be drunk to be intoxicated. Most people agree that people become intoxicated before they become drunk. Therefore, if you are drunk, you most certainly are intoxicated.
 

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 (being tired, 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. Typically, an experienced officer will look for multiple signs suggesting intoxication. The following signs below are considered indications that a person is driving while intoxicated. This list is based upon research conducted by the National Highway Traffic and Safety Administration:

Turning with wide radius Straddling center of lane marker
“Appearing to be drunk”
Eye fixation
Tightly gripping the steering wheel
Slouching in the seat
Gesturing erratically or obscenely
Face close to the windshield
Drinking in the car
Driver’s head protruding from the car
Almost striking object or vehicle
Weaving
Driving on other than designated roadway
Swerving
Speed slower than 10 M.P.H. below limit
Stopping in lane for no apparent reason
Following too closely
Drifting
Tires on center or lane marker
Braking erratically
Driving into opposing or crossing traffic
Slow response to traffic signals
Signaling inconsistent with driving actions
Stopping inappropriately (other than in traffic lane)
Turning abruptly or illegally
Accelerating or decelerating rapidly
Headlights off at night
Although the police believe speeding is a factor, speeding is not a recognized sign of intoxication. The faster you drive, the quicker your reactions must be and if you are speeding and driving normally, in my opinion, it is an indicator of sobriety (i.e. having the normal use of physical and mental faculties.) However, police will look for vehicles going slower than the normal traffic since that may be an indication of intoxication.

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. If performed in a controlled environment by a skilled officer who administers the tests in the proscribed standardized manner, the tests can be a good indicator of intoxication. However, this is rarely done. The initial research conducted by the National Highway Traffic Safety Administration concluded the Pen Test (Horizontal Gaze Nystagmus) is 77% accurate, the Walk & Turn is 68% accurate, and the One Leg Stand is 65% accurate only when administered in the prescribed, standardized manner. Any deviation from the standardized manner will compromise the tests validity. Therefore, with the most experienced officer under ideal conditions, these tests will inaccurately label 23% - 35% of the people tested as intoxicated. And remember, these were the best DWI officers under strict surveillance, and that is the best they could do!
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. If you test at or above the level of intoxication for your state (.08% 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.

Am I required to take Field Sobriety Tests?

No! The law does not require that you perform any type of test. You have the right to refuse field sobriety tests. Interestingly enough, the officer is not required to tell you this. However, if you refuse to attempt these tests, the officer most likely is going to arrest you. Further, the National Highway Traffic Safety Administration has admitted not everyone can successfully perform these tests even when sober! The reality is that the officer most likely has already made up his mind to arrest you and the request for field sobriety tests is simply made to get additional evidence against you. Remember, regardless of how well you actually perform the field sobriety tests, it is the officers’ opinion on how you performed them that will be held against you.

 Do I have to take a blood, breath, or urine test if asked to do so by the police?
You may refuse to take a chemical test (blood, breath, or urine), but almost every state has a so-called “implied consent” law, and, under such laws, a refusal can result in suspension of your driver’s license from anywhere between three to 12 months. (This is true even if you’re eventually found not guilty of the current DWI charge.) Further, if your DWI 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.
 
If I’m stopping for driving under the influence, am I entitled to talk to an  attorney before I decide to submit to a chemical test?
In Texas , you don’t have the right to speak with an attorney first. But some states, including Arizona , allow you to talk to your lawyer before you take a chemical test. Although Texas law does not give you the right to speak with an attorney prior to making the decision of whether or not to take the field sobriety tests, the breath test or blood test, Texas law also does not prohibit an officer from allowing you to call an attorney prior to making the decision on whether to take any field sobriety tests or the breath or blood test. Additionally, the law does not require you to perform any field sobriety tests or to take a breath or blood test.

Individuals who request to speak with a lawyer prior to taking a breath or blood test are exercising good, normal judgment. You are already under arrest and most jurors believe that if they had been under arrest, they too would have wanted to speak with a lawyer prior to making their decision of whether or not to take a breath or blood test. The officer will repeatedly tell you that you do not have the right to contact a lawyer at that time, and the decision to take a breath or blood test is up to you. I don¿t think jurors like that, because most people believe that you are entitled to a lawyer once you are arrested. Further, when the officer tells you that the Courts have ruled they do not have to allow you to contact a lawyer, it does not seem to be fair.

Instead of just refusing to take a breath or blood test, one should tell the officer they are not refusing to take the test, only that they want to talk to a lawyer before making that decision. This answer demonstrates you have the normal use of you mental faculties and most of the jurors will be thinking that is what they would want to do if they were under arrest for DWI. And remember, most police officers would not take the breath test either!
However, the law does state that the person making the arrest shall take the person arrested or have you taken without unnecessary delay before a magistrate.The magistrate shall then inform the arrested person what they are being charged with and their right to:

hire a lawyer;
remain silent;
have an attorney present during any interview with peace officer or attorneys representing the state;
terminate the interview at any time;
request appointment of a lawyer if they cannot afford one; and
an examining trial.
Therefore, when an officer testifies that you do not have a right to an attorney, is that really a fair and true statement? If a jury believes you should have been taken to a magistrate prior to being offered a breath or blood test, the jury may feel your rights were violated, and that the officer intentionally deprived you of your rights. Further, the officers’ credibility is now on trial in front of the jury. “If the officer misled me once, how many other times has he/she done so?” is what the jury will be thinking. Furthermore, isn’t the “justice system” about fairness? Your chances of being found NOT GUILTY have increased!
 
If I’m stopped for driving under the influence, can a police officer ask me questions without reading me my rights?
Sometimes. The answer depends on whether or not you are in police custody — that is, whether you are subject to the restraints common to a formal arrest. For example, the U.S. Supreme Court has ruled that the police do not have to provide Miranda warnings during roadside questioning of a motorist detained pursuant to a traffic stop. Thus, roadside questioning about your drinking, drug-taking, or performance on field sobriety tests does not constitute “custodial interrogation.” However, once you are arrested — or restrained by the police in a manner consistent with arrest — you must be read your Miranda rights. Your Miranda rights only apply when an officer tries to question you once you are under arrest or in custody (i.e. not free to leave). Once you become the focus of the investigation, the officer must read you your Miranda rights prior to asking you any incriminating questions or interrogating you. Texas Courts have ruled, however, that being asked to perform field sobriety tests is non-testimonial; therefore, your response to being asked to count backward or recite the alphabet is admissible. But remember, you are not required to do these tests.
If an officer does ask you questions when you should have been read your Miranda rights, the only consequence is that those questions and answers will be suppressed in court (which means that the jury will never hear them). However, if a person testifies differently than what they told the officer at the scene, their prior statements can then be admissible in court in an attempt to impeach their testimony. Therefore, an officer can violate your rights and potentially still be able to use those statements against you. This illustrates the need to hire a qualified DWI attorney. Remember, your freedom is on the line.

 I’ve been charged with DWI. Should I get a DWI Lawyer?
Defending against a charge of DWI is a tricky business. Although many attorneys can find their way around a DWI court, few have developed a real understanding of the complexity of DWI law. Defenders need to understand scientific and medical concepts that are important in DWI law. They must be able to analyze the data collected in a DWI case and question tough witnesses, including scientists and police officers. If you want to know whether or not you should fight your DWI charge, you’re well advised to hire an attorney who focuses on DWI cases. Such an attorney is more likely to identify issues in the case that might result in dismissal or reduction in the charges. Also, they are more familiar with possible punishments, so they can advise you about different options.
On the other hand, these days it’s hard to “win” a DWI case, assuming the police gathered some physical evidence against you (results of a breathalyzer, blood test, or urine test). Although it may be difficult or impossible to get an acquittal in a DWI trial, it is likely that punishment assessed by a jury will be less severe than elected judges require. The effect of MADD on the political process has made it hard for judges to exercise much independent discretion in DWI cases. If a judge is not severe in punishing DWI crimes, MADD will make it very hard for the judge to be re-elected, so juries tend to be much more reasonable in setting punishments.

What options are available to conclude my case?
·        Dismissal. This is a very unlikely result in any case except under unusual circumstances. Beware of any attorney who assures you that they can have your case dismissed.

·        Reduction. This option is also very difficult to obtain and only happens in unusual cases. In some situations the facts may make the prosecutor realize that he/she cannot win. In order to keep his conviction statistics up, an offer for you to plead to a “non-DWI” case is still a win for the prosecution and still means a criminal record for you. This type of disposition, however, is far better than being convicted of DWI because of all the additional punishment and the stigma a DWI conviction carries.

·        Plea Bargain. If you agree not to demand your right to a jury trial at all, then you and the prosecution will agree to your punishment. In DWI cases this results in a final conviction on your criminal record, but it also insures the leniency of your punishment. An experienced DWI attorney can obtain many concessions in plea bargaining if he/she has a reputation for winning cases at trial.

·        Trial. Trial is the only way to be acquitted or your sentence reduced below the court’s terms for probation. This happens when you  force the State to prove you guilty beyond a reasonable doubt and that your punishment should be harsh. Only an attorney with experience in DWI trials and a thorough investigation of the facts of your case can provide you with a meaningful estimation of your success at trial. You see, a trial presents many unexpected changes as it proceeds. A true trial attorney can adapt quickly to changing facts and adjust the trial strategy to win your case. It is important to ask any attorney whom you interview about their success rate in jury trials. Anyone accused of a crime has an absolute right to a jury trial. This most fundamental of all American rights must be waived in writing for a conviction to be valid. It is important that any attorney you consider be familiar with all of these dispositions. A reduction in your charge to non-DWI accusations is not offered in all counties, but is worth investigating.

Additional Consequences
Not only can a convicted DWI offender face a fine, jail time, Texas driver’s license suspension, and a surcharge, if convicted, the offense goes on their permanent record, which could mean:

·        Increased automobile insurance rates or the cancellation of an automobile insurance policy by the insurance company

• ·     Restricted employment options if prospective employers run a credit check when processing employment applications, as many credit bureaus now include DWI convictions on credit reports.

 What is the State’s burden of proof to prove me guilty?
The State of Texas must prove your guilt “beyond a reasonable doubt”, which is the highest burden of proof in the justice system. It is not defined, so you may wonder how I explain it to a jury. Here it is in a nutshell:

        The lowest burden of proof is called probable cause. Have you ever received a ticket that you disagreed with (as opposed to just not liking the fact you received the ticket)? This level of proof is less then a 50-50 chance that you violated the law, but is all the officer needs to write you a ticket, or to arrest you.
       The next highest burden of proof is called a preponderance of the evidence. This amount of proof occurs in civil courtrooms where people are suing each other for money. A preponderance of the evidence is proof amounting to you being 51% correct.
        The next highest burden of proof is called clear and convincing evidence. This burden applies to child custody cases. This amount of proof will cause a juror to have a “firm belief” in the matter to be proved. To let the jury understand just how high this burden is, your attorney might find two women on the jury panel. Then, ask “Ms. Jones, I want you to look over at Ms. Smith sitting next to you. She has children. How much evidence do you think the government would have to have before they could take Ms. Smiths’ children away from her?” An attorney might ask several other jurors the same question, then ask “Ms. Jones, how much evidence would the government have to have to take your kids away from you?” If the attorney records their answers, they can use them in final argument. Jurors have told attorneys that the amount of evidence the government would need to take children away would have ranged from “a whole lot,” “tons,” “beyond a shadow of a doubt,” to “I don’t think the government could ever have enough to take my kids away!”
        Beyond a Reasonable Doubt is the highest burden of proof. Although not defined, it is a much higher burden the clear and convincing evidence. Why? Your freedom is on the line! A jury must have more then “tons” of evidence that you were intoxicated before they could find you guilty. This is a very simple, yet extremely convincing manner of making a jury understand just how much evidence is required before they can convict a person, thus branding them a criminal for the rest of their life. Simply put, if a juror has a single doubt, based on reason, as to a person being intoxicated, they must follow the law and find them not guilty. It would be naïve to say that juries always follow this law, since they have prejudice and respect for police even when officers do wrong, but juries do try to follow the law.
How long will a DWI arrest stay on my record?
If you are convicted of the DWI, it will be on your record forever. If you are found Not Guilty, you can have the arrest and DWI charge “expunged” from your record, thus erasing it. No judge, prosecutor, police officer, friend or employer will ever be able to find any evidence of the expunged case.
 How will a DWI affect my insurance?
If you are convicted, you can expect your insurance rates to increase 300-500% for 3-5 years. Your insurance company also may drop you from coverage, thus forcing you to find new insurance.

·  How are Zero Tolerance laws applied in Texas?
·  Can a minor accused of DUI refuse to take a breath test?
·  Can police ask minors to take a breath test without their parents being present?
·  What if a minor takes a breath test and it shows less than .08?
·  Does a DWI conviction affect a minor’s (anyone under 21) driving privilege?
How drunk or high does a minor have to be in order to be convicted of driving under the influence (DUI)?
Texas has a ZERO tolerance for a minor operating a motor vehicle, so even a trace of alcohol is sufficient for conviction of Driving under the influence (DUI). Minors between the ages of 18-20 may be charged and prosecuted under the adult DWI laws, but the law is very different for minors under 18. A minor is any person under 21 years of age. People between the ages of 18-20 are classified as minors, but they may be prosecuted as adults. People 17 years of age and under are not prosecuted under the adult DWI laws. Unlike adult laws that require a driver to be legally intoxicated, a minor need only drive while under the influence of alcohol (DUI) to be convicted. Since 1997, Texas has maintained a hard-line stance against minors using alcohol. It is known as “Zero Tolerance”, with the goal of curbing the use and abuse of alcohol by minors. The law states that a minor commits an offense if he drives a car in a public place with any detectable amount of alcohol in the minors system. Simply put, if their breath smells of booze, that is a detectable amount, regardless of the alcohol concentration in their body (i.e. All the alcohol has left your body but your breath stills smells of booze). It is important to understand that the odor of alcohol on your breath is a “detectable” amount. The police do not have to offer a breath test. It is irrelevant if any of the alcohol is still in the body, as long as the officer can smell it on your breath. This means having a beer with Dad when you are 20 (which is legal since he is your legal guardian), and then driving to a friend’s house, is against the law.

How are Zero Tolerance laws applied in Texas?
Minors can be cited under the new Zero Tolerance laws for buying, attempting to buy, possessing, consuming, or driving with any detectable amount of alcohol in their system. Gone are the days when the officer would make you pour your beer out on the ground, scold you, and subsequently let you go home, or have your parents come pick you up. Today, if a minor has any detectable amount of alcohol in their system (odor on their breath is enough) and they are stopped while driving, they can be ticketed for a DUI, even if they are not intoxicated!

The Zero Tolerance laws and their sanctions are designed to rehabilitate and educate minors as opposed to more punitive measures associated with adults. The following information (Chapter 106 of the Texas Alcohol Beverage Code) should be used as a general introduction to how the law treats minors and alcohol. To fully understand how any of the following provisions might apply to the specific facts of your or your child’s case, you should consult with a licensed attorney who can answer your questions.

 Can police ask minors to take a breath test without their parents being present?
Yes, the law treats minors and adults the same when it comes to this request. Texas law deems that all people who drive in Texas have consented to the taking of a breath or blood test, regardless of age.

Can a minor accused of DUI refuse to take a breath test?
Yes, but the following consequences may occur:

Suspension of your driving privileges for not less than 120 days if this is your first arrest for an alcohol related driving offense. If you were arrested but do not have a driver license, the state will not issue a driver license to you for 120 days
A 240 day suspension of your driving privilege if you record reflects one or more drug or alcohol related offenses during the 5 year period preceding your arrest.
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What if a minor takes a breath test and it shows less than .08?
If a minor has any detectable amount of alcohol in their system, their driving privilege will be suspended for not less than 60 days. It is important to understand that the odor of alcohol on your breath is enough to prove you had a detectible amount of alcohol in your system. Further, any test result can be admissible in a subsequent criminal prosecution for DWI or DUI.
 

Does a DWI conviction affect a minor’s (anyone under 21) driving privilege?
If convicted and probation is granted, the Judge is required to suspend the person’s driver license for 90 days and require an ignition interlock as a condition of probation. If the Judge orders this, DPS cannot suspend the driver’s license for a 1 year. If convicted and the Judge does not order the 90 days suspension, DPS will automatically suspend the driver’s license for 1 year.

Can a minor go to jail for an alcohol related driving offense?
Yes. The law classifies a first offense DUI and other alcohol related driving offenses as delinquent conduct indicating a need for supervision. This means that a juvenile convicted of a first offense DUI can be placed on probation or committed to the Texas Youth Commission for confinement. A minor 18-20 can be sentenced up to 180 days in jail on the third conviction for DUI or the first conviction for DWI. However, a police officer who charges a minor with DUI is not required to arrest them. They may issue a citation with a court summons.

 What are the penalties for minors?
In addition to the suspension of your driving privilege, the following penalties apply:

·        First DUI: Class C Misdemeanor. If you are under 18, the court requires your parents or guardian to be with you at every court appearance, regardless if you have a lawyer or not. The court can compel their presence. If convicted, a minor can be fined and will be required to complete between 20-40 hours of community service related to education or prevention of misuse of alcohol. The minor will also have to attend an alcohol awareness program within 90 days. If the minor is under 18, the court may require the parent or guardian to attend this program with the minor. If the minor fails to complete this course within 90 days, the court may suspend the license for an additional 6 months. For a first offense, the minor may receive deferred adjudication for DUI, although it will be considered a conviction. If this is the only offense the minor receives, he is entitled to have it expunged from his record after his 21st birthday.

·        Second DUI: Class C Misdemeanor. All penalties are the same with 2 exceptions. First, the number of community service hours is increased to 40-60 hours. Second, and more importantly, a second, or any subsequent conviction may not be expunged from your record, but the minor still may receive deferred adjudication.

·        Third DUI: Class B Misdemeanor. Deferred adjudication is not available now. If the minor is between 18-20 at the time of the 3rd offense, they face confinement in jail up to 180 days and/or between $500-$2,000 fine in addition to the license suspension.

 
The following are the answers to the most frequently asked questions about legal limits, chemical tests and hiring a lawyer in the event you’re charged with DWI.

·       How drunk or high are you before you can be convicted of driving while intoxicated (DWI)?

·        How can the police find out whether a driver is under the influence?

·        Am I required to take Field Sobriety Tests?

·        Do I have to take a blood, breath, or urine test if asked to do so by the police?

·        If I’m stopping for driving under the influence, am I entitled to talk to an attorney before I decide to submit to a chemical test?

·        If I’m stopped for driving under the influence, can a police officer ask me questions without reading me my rights?

·        I’ve been charged with DWI. Should I get a DWI Lawyer?

·        What options are available to conclude my case?

·        What is the State’s burden of proof to prove me guilty?

·        How long will a DWI arrest stay on my record?

·        How will a DWI affect my insurance?

 
How drunk or high are you before you can be convicted of driving while intoxicated (DWI)?
In Texas , 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 you from thinking clearly or driving safely. Many people reach this level well before they’d be considered “drunk” or “stoned.” The blood alcohol content (BAC) level that Texas has set for DUI (driving under the influence) and DWI (driving while intoxicated) is strict. DWI is the adult crime, which is set at 0.08% alcohol in the blood system, but a conviction is possible for lower amounts if it can be proven that the driver was impaired enough to prevent you from thinking clearly or driving safely. The legal definition of intoxication in Texas is:

not having the normal use of mental 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 substances into the body; OR
not having the normal use of 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 substances into the body; OR
having an alcohol concentration of 0.08 or more.
Any one of the three ways in order is sufficient to obtain a conviction. Therefore, if there is no breath or blood test, the person has the normal use of their physical faculties, but a jury believes that the person lost the normal use of their mental faculties, they may find the person guilty. However, it can be argued that people will lose both the normal use of their physical and mental faculties together, and if the evidence shows they only lost one of them and not the other, there is likely to be a logical explanation for that, meaning, they are not intoxicated (Not Guilty).

A person is charged with not having the normal use of THEIR mental or physical faculties, NOT the normal use of the Judges, the Prosecutors, or the Jurors mental and physical faculties. Remember, everyone has a “range” of what is normal for their faculties. It is not one particular point on a scale, and what is normal varies day to day. Some days are better than others. For example, on a scale of 1 to 10, normal is not one particular number, rather it is better described as a range between 3 and 8 for the average person. Even though most people talk about “DWI” (i.e. friends don’t let friends drive drunk), a person does not necessarily have to be drunk to be intoxicated. Most people agree that people become intoxicated before they become drunk. Therefore, if you are drunk, you most certainly are intoxicated.
 

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 (being tired, 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. Typically, an experienced officer will look for multiple signs suggesting intoxication. The following signs below are considered indications that a person is driving while intoxicated. This list is based upon research conducted by the National Highway Traffic and Safety Administration:
Turning with wide radius Straddling center of lane marker
“Appearing to be drunk”
Eye fixation
Tightly gripping the steering wheel
Slouching in the seat
Gesturing erratically or obscenely
Face close to the windshield
Drinking in the car
Driver’s head protruding from the car
Almost striking object or vehicle
Weaving
Driving on other than designated roadway
Swerving
Speed slower than 10 M.P.H. below limit
Stopping in lane for no apparent reason
Following too closely
Drifting
Tires on center or lane marker
Braking erratically
Driving into opposing or crossing traffic
Slow response to traffic signals
Signaling inconsistent with driving actions
Stopping inappropriately (other than in traffic lane)
Turning abruptly or illegally
Accelerating or decelerating rapidly
Headlights off at night
Although the police believe speeding is a factor, speeding is not a recognized sign of intoxication. The faster you drive, the quicker your reactions must be and if you are speeding and driving normally, in my opinion, it is an indicator of sobriety (i.e. having the normal use of physical and mental faculties.) However, police will look for vehicles going slower than the normal traffic since that may be an indication of intoxication.

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. If performed in a controlled environment by a skilled officer who administers the tests in the proscribed standardized manner, the tests can be a good indicator of intoxication. However, this is rarely done. The initial research conducted by the National Highway Traffic Safety Administration concluded the Pen Test (Horizontal Gaze Nystagmus) is 77% accurate, the Walk & Turn is 68% accurate, and the One Leg Stand is 65% accurate only when administered in the prescribed, standardized manner. Any deviation from the standardized manner will compromise the tests validity. Therefore, with the most experienced officer under ideal conditions, these tests will inaccurately label 23% - 35% of the people tested as intoxicated. And remember, these were the best DWI officers under strict surveillance, and that is the best they could do!
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. If you test at or above the level of intoxication for your state (.08% 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.

Am I required to take Field Sobriety Tests?

 
No! The law does not require that you perform any type of test. You have the right to refuse field sobriety tests. Interestingly enough, the officer is not required to tell you this. However, if you refuse to attempt these tests, the officer most likely is going to arrest you. Further, the National Highway Traffic Safety Administration has admitted not everyone can successfully perform these tests even when sober! The reality is that the officer most likely has already made up his mind to arrest you and the request for field sobriety tests is simply made to get additional evidence against you. Remember, regardless of how well you actually perform the field sobriety tests, it is the officers’ opinion on how you performed them that will be held against you.

Do I have to take a blood, breath, or urine test if asked to do so by the police?
You may refuse to take a chemical test (blood, breath, or urine), but almost every state has a so-called “implied consent” law, and, under such laws, a refusal can result in suspension of your driver’s license from anywhere between three to 12 months. (This is true even if you’re eventually found not guilty of the current DWI charge.) Further, if your DWI 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.
 
If I’m stopping for driving under the influence, am I entitled to talk to an  attorney before I decide to submit to a chemical test?
In Texas , you don’t have the right to speak with an attorney first. But some states, including Arizona , allow you to talk to your lawyer before you take a chemical test. Although Texas law does not give you the right to speak with an attorney prior to making the decision of whether or not to take the field sobriety tests, the breath test or blood test, Texas law also does not prohibit an officer from allowing you to call an attorney prior to making the decision on whether to take any field sobriety tests or the breath or blood test. Additionally, the law does not require you to perform any field sobriety tests or to take a breath or blood test.

Individuals who request to speak with a lawyer prior to taking a breath or blood test are exercising good, normal judgment. You are already under arrest and most jurors believe that if they had been under arrest, they too would have wanted to speak with a lawyer prior to making their decision of whether or not to take a breath or blood test. The officer will repeatedly tell you that you do not have the right to contact a lawyer at that time, and the decision to take a breath or blood test is up to you. I don¿t think jurors like that, because most people believe that you are entitled to a lawyer once you are arrested. Further, when the officer tells you that the Courts have ruled they do not have to allow you to contact a lawyer, it does not seem to be fair.

Instead of just refusing to take a breath or blood test, one should tell the officer they are not refusing to take the test, only that they want to talk to a lawyer before making that decision. This answer demonstrates you have the normal use of you mental faculties and most of the jurors will be thinking that is what they would want to do if they were under arrest for DWI. And remember, most police officers would not take the breath test either!
However, the law does state that the person making the arrest shall take the person arrested or have you taken without unnecessary delay before a magistrate.The magistrate shall then inform the arrested person what they are being charged with and their right to:

hire a lawyer;
remain silent;
have an attorney present during any interview with peace officer or attorneys representing the state;
terminate the interview at any time;
request appointment of a lawyer if they cannot afford one; and
an examining trial.
Therefore, when an officer testifies that you do not have a right to an attorney, is that really a fair and true statement? If a jury believes you should have been taken to a magistrate prior to being offered a breath or blood test, the jury may feel your rights were violated, and that the officer intentionally deprived you of your rights. Further, the officers’ credibility is now on trial in front of the jury. “If the officer misled me once, how many other times has he/she done so?” is what the jury will be thinking. Furthermore, isn’t the “justice system” about fairness? Your chances of being found NOT GUILTY have increased!
 
If I’m stopped for driving under the influence, can a police officer ask me questions without reading me my rights?
Sometimes. The answer depends on whether or not you are in police custody — that is, whether you are subject to the restraints common to a formal arrest. For example, the U.S. Supreme Court has ruled that the police do not have to provide Miranda warnings during roadside questioning of a motorist detained pursuant to a traffic stop. Thus, roadside questioning about your drinking, drug-taking, or performance on field sobriety tests does not constitute “custodial interrogation.” However, once you are arrested — or restrained by the police in a manner consistent with arrest — you must be read your Miranda rights. Your Miranda rights only apply when an officer tries to question you once you are under arrest or in custody (i.e. not free to leave). Once you become the focus of the investigation, the officer must read you your Miranda rights prior to asking you any incriminating questions or interrogating you. Texas Courts have ruled, however, that being asked to perform field sobriety tests is non-testimonial; therefore, your response to being asked to count backward or recite the alphabet is admissible. But remember, you are not required to do these tests.
If an officer does ask you questions when you should have been read your Miranda rights, the only consequence is that those questions and answers will be suppressed in court (which means that the jury will never hear them). However, if a person testifies differently than what they told the officer at the scene, their prior statements can then be admissible in court in an attempt to impeach their testimony. Therefore, an officer can violate your rights and potentially still be able to use those statements against you. This illustrates the need to hire a qualified DWI attorney. Remember, your freedom is on the line.

I’ve been charged with DWI. Should I get a DWI Lawyer?
Defending against a charge of DWI is a tricky business. Although many attorneys can find their way around a DWI court, few have developed a real understanding of the complexity of DWI law. Defenders need to understand scientific and medical concepts that are important in DWI law. They must be able to analyze the data collected in a DWI case and question tough witnesses, including scientists and police officers. If you want to know whether or not you should fight your DWI charge, you’re well advised to hire an attorney who focuses on DWI cases. Such an attorney is more likely to identify issues in the case that might result in dismissal or reduction in the charges. Also, they are more familiar with possible punishments, so they can advise you about different options.
On the other hand, these days it’s hard to “win” a DWI case, assuming the police gathered some physical evidence against you (results of a breathalyzer, blood test, or urine test). Although it may be difficult or impossible to get an acquittal in a DWI trial, it is likely that punishment assessed by a jury will be less severe than elected judges require. The effect of MADD on the political process has made it hard for judges to exercise much independent discretion in DWI cases. If a judge is not severe in punishing DWI crimes, MADD will make it very hard for the judge to be re-elected, so juries tend to be much more reasonable in setting punishments.

What options are available to conclude my case?
·        Dismissal. This is a very unlikely result in any case except under unusual circumstances. Beware of any attorney who assures you that they can have your case dismissed.

·        Reduction. This option is also very difficult to obtain and only happens in unusual cases. In some situations the facts may make the prosecutor realize that he/she cannot win. In order to keep his conviction statistics up, an offer for you to plead to a “non-DWI” case is still a win for the prosecution and still means a criminal record for you. This type of disposition, however, is far better than being convicted of DWI because of all the additional punishment and the stigma a DWI conviction carries.

·        Plea Bargain. If you agree not to demand your right to a jury trial at all, then you and the prosecution will agree to your punishment. In DWI cases this results in a final conviction on your criminal record, but it also insures the leniency of your punishment. An experienced DWI attorney can obtain many concessions in plea bargaining if he/she has a reputation for winning cases at trial.

·        Trial. Trial is the only way to be acquitted or your sentence reduced below the court’s terms for probation. This happens when you  force the State to prove you guilty beyond a reasonable doubt and that your punishment should be harsh. Only an attorney with experience in DWI trials and a thorough investigation of the facts of your case can provide you with a meaningful estimation of your success at trial. You see, a trial presents many unexpected changes as it proceeds. A true trial attorney can adapt quickly to changing facts and adjust the trial strategy to win your case. It is important to ask any attorney whom you interview about their success rate in jury trials. Anyone accused of a crime has an absolute right to a jury trial. This most fundamental of all American rights must be waived in writing for a conviction to be valid. It is important that any attorney you consider be familiar with all of these dispositions. A reduction in your charge to non-DWI accusations is not offered in all counties, but is worth investigating.

Additional Consequences
Not only can a convicted DWI offender face a fine, jail time, Texas driver’s license suspension, and a surcharge, if convicted, the offense goes on their permanent record, which could mean:

·        Increased automobile insurance rates or the cancellation of an automobile insurance policy by the insurance company

·        Restricted employment options if prospective employers run a credit check when processing employment applications, as many credit bureaus now include DWI convictions on credit reports.

 
What is the State’s burden of proof to prove me guilty?
The State of Texas must prove your guilt “beyond a reasonable doubt”, which is the highest burden of proof in the justice system. It is not defined, so you may wonder how I explain it to a jury. Here it is in a nutshell:

        The lowest burden of proof is called probable cause. Have you ever received a ticket that you disagreed with (as opposed to just not liking the fact you received the ticket)? This level of proof is less then a 50-50 chance that you violated the law, but is all the officer needs to write you a ticket, or to arrest you.
       The next highest burden of proof is called a preponderance of the evidence. This amount of proof occurs in civil courtrooms where people are suing each other for money. A preponderance of the evidence is proof amounting to you being 51% correct.
        The next highest burden of proof is called clear and convincing evidence. This burden applies to child custody cases. This amount of proof will cause a juror to have a “firm belief” in the matter to be proved. To let the jury understand just how high this burden is, your attorney might find two women on the jury panel. Then, ask “Ms. Jones, I want you to look over at Ms. Smith sitting next to you. She has children. How much evidence do you think the government would have to have before they could take Ms. Smiths’ children away from her?” An attorney might ask several other jurors the same question, then ask “Ms. Jones, how much evidence would the government have to have to take your kids away from you?” If the attorney records their answers, they can use them in final argument. Jurors have told attorneys that the amount of evidence the government would need to take children away would have ranged from “a whole lot,” “tons,” “beyond a shadow of a doubt,” to “I don’t think the government could ever have enough to take my kids away!”
        Beyond a Reasonable Doubt is the highest burden of proof. Although not defined, it is a much higher burden the clear and convincing evidence. Why? Your freedom is on the line! A jury must have more then “tons” of evidence that you were intoxicated before they could find you guilty. This is a very simple, yet extremely convincing manner of making a jury understand just how much evidence is required before they can convict a person, thus branding them a criminal for the rest of their life. Simply put, if a juror has a single doubt, based on reason, as to a person being intoxicated, they must follow the law and find them not guilty. It would be naïve to say that juries always follow this law, since they have prejudice and respect for police even when officers do wrong, but juries do try to follow the law.
How long will a DWI arrest stay on my record?
If you are convicted of the DWI, it will be on your record forever. If you are found Not Guilty, you can have the arrest and DWI charge “expunged” from your record, thus erasing it. No judge, prosecutor, police officer, friend or employer will ever be able to find any evidence of the expunged case.
 

How will a DWI affect my insurance?
If you are convicted, you can expect your insurance rates to increase 300-500% for 3-5 years. Your insurance company also may drop you from coverage, thus forcing you to find new insurance.

If you would like to talk to the attorney and have a sincere interest in selecting our office, Mr Beaty will be happy to set up an appointment to talk with you on the phone or in the office. A telephone conference is free to you and often makes an office conference unnecessary. It will last less than an hour and there is no further obligation at all, so there is no risk on your part-and you will learn just what your rights and options are. When we are finished, if you’re not convinced that I will be able to protect you to your complete satisfaction, then you can simply decide not to hire me. I won’t trouble you again . . . and you’ll owe me nothing. In fact, until you agree, in writing, to hire me, you will never owe me any money.

Experienced defense lawyers provide useful advice to help you survive this DWI. Our criminal “justice” system isn’t about justice. It’s not about “right and wrong” or a battle between “good and evil.” It’s about whether the government has the right to subject you to severe penalties and lifetime difficulty.

To be certain you are being treated fairly by the judicial system, I’ll insist:

District Attorney provides us with the name and address of anyone he plans to call as a witness, as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions for them.
District Attorney provides us with any information or material he has which would show that you are not guilty of the charges against you, or which may help you get a lighter sentence.
Receiving copies of records showing that the equipment used for tests was functioning properly, and that the person giving the tests was properly certified.
Proof that you were advised of all of your rights. If you weren’t, the District Attorney ’s case may be weakened.
      I talk to the District Attorney beforehand to get him to produce his proof and let him know that I will be contesting in court all these points I mentioned. When his case is challenged he has to take a lot of time producing this material and witnesses.

To help you get thru this more easily, I will also do the following things to help you:

        Guide you through the process so that the frustration and difficulty is reduced for you.
        Contest the charges at the ALR hearing to show why your license should not be revoked.
        Provide you with a reality check — a knowledgeable, objective perspective of your situation and what is likely to happen in negotiations or if your DWI case goes to trial.
        Negotiate for “deals” with prosecutors for pleas that consider each client’s unique situation.
         Help you cope with the feelings of fear, embarrassment and reduced self-esteem.
        Explain the possible “hidden costs” of pleading guilty that you might never think about.
        Investigate the circumstances of your arrest and review the official documents and evidence in your case to discover technical defects that may require dismissal or reduction of your charges.
        If you wish, hire and manage investigators and experts, for more detailed case preparation.
        Require prosecutors to prove every necessary element of the accusation and comply with important legal rules, including ones hidden away in court interpretations of federal and state constitutions.  
 

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          Even though attorneys are schooled in wide variety of legal areas, a huge amount of expertise comes from practical experience. Prosecuting or defending individuals or businesses, trial experience before judges and juries and confronting the unexpected twists of legal practice are essential to developing the maturity and judgment that marks a good DWI lawyer.

       For DWI cases, which involve a great deal of science in addition to just knowledge of the basic governing laws, this experience may be critical. Only a few lawyers focus on DWI enough to understand how science and law work together to determine the outcome of your case. The following are 10 reasons why many people prefer a lawyer with experience and training in DWI practice.

       This is particularly true in our politically charged society of MADD activists. Because of the complexity of DWI cases and the political furry stirred by MADD activists, knowledgeable attorneys consider them to be among the most difficult to defend. Because of this complexity, a great many attorneys make big mistakes when it comes to defending DWI clients . . . mistakes which can profoundly harm their clients in terms of losing their license, paying considerable fines, being jailed, having huge increases in their insurance rates, and the effect it could have on their current or future job. Listed below are 10 of the most common mistakes made by attorneys who lack experience in DWI cases.

       To protect yourself and to help decide whom to hire and whether to plead guilty or accept a particular plea bargain, you wise to know what these reasons are.

 Reason 1 - Don’t Assume the Case Can’t be Won

       After practicing DWI law for many years, I’ve come to believe that the single most important mistake attorneys make in representing DWI clients is assuming the case can’t be won and pleading you guilty without a careful examination of the facts and law as they apply in your case. Since most attorneys just assume that your case can’t be won, they don’t see the point of getting a detailed description of the facts or really analyzing the law to look for technical issues in your case. Unfortunately, after getting the breath test result, viewing the video and the police report, many lawyers simply give it up and advise the client to plead guilty.

       In fact, the breath test, the alcohol blood level test, and the roadside tests all have potential built-in flaws. Flaws can make the difference in whether you are convicted or, if you are, the punishment that should be assessed. For example, the results of a breath test can be challenged through a Motion to Suppress, or evidence of your sobriety, or with cross examination of the police officer or the state’s expert. Many other A careful investigation of what actually happened to you during the arrest is critical to evaluating your case.

      Is it more costly to investigate your case before deciding whether to plead guilty?

      No, at least not in most cases: My fee is set high enough to allow for an adequate investigation of the facts of your case so that you can make an informed decision about whether to plead guilty or not. Selecting an attorney who sets a fee so low that they can’t afford to do a proper investigation is a serious mistake! Sometimes, you may want to spend some extra money to consult an expert on some scientific aspect of your case, but usually we can get a good handle on the situation with the investigation that we do together.       

      Is it more costly to defend than to plead guilty?

      Sure it is. But with so much at stake (including considerable penalty fees), the possibility of winning should not be just dismissed. And it may cost less over the long run than a quick plea. A plea of guilty or no contest may be the right decision, but it should be considered only after a careful review of the facts and the law. Even if you decide to plead, the investigation can be beneficial in determining a proper punishment and deciding whether to take the deal offered by the Prosecution or making the plea and going to a jury for punishment. There are important decisions that must be made in your DWI case-Don’t let the Prosecution make all the decisions about matters that will affect the rest of your life.

 Reason 2 - Fight the License Suspension

           Lawyers often don¿t prepare to really contest a license revocation hearing since they believe that these hearing can’t be won. A revocation is imposed in Texas for refusal to take a breath or blood test, or for failing it-if the State can prevail on its burden of proof and sometimes they can’t do it.

       Do you really want to risk not making a try when your case may be one that can be won? They might be won based on possible defenses, such as

The State’s witness does not appear.
The sample was not taken within two hours.
The results are under .12 and the retest is below .10.
The results are under .12 and the retest is 20% or more off.
You burped and the officer did not start the observation period over.
You had something in your mouth, such as chewing tobacco.
You were on an Adkins diet.
You have diabetes.
You have dentures.
You work with solvents.
An alcohol antiseptic was used when blood was drawn.
By not contesting this hearing, your attorney doesn’t get to question the arresting officer. And this may be the only time the arresting officer can be questioned soon after the arrest, when his/her recollection is likely to be most accurate.  The ALR hearing is a very important part of the DWI process and you owe it to yourself to have an attorney who will properly prepare to represent you aggressively.

 Reason 3 - Never Assume the Breath Test Rules Were Obeyed

       Texas has rules and regulations concerning the breath test given to people suspected of DWI. It is critical for the prosecution to show that these rules have been been followed. If they don’t, your attorney can attack the results on the grounds that the technical rules weren’t followed. Many lawyers don’t read the statute and regulations covering breath testing or familiarize themselves with the proper procedures that are required to do the test properly.

       It can be shown that violations of the rules can show that the results are unreliable and should not be admitted into evidence Upon a proper showing, the court might exclude the breath test results altogether or so limit its use so as to give you a better shot at an acquittal.

 
      For example, the testing officer is required to watch you for 20 minutes before giving the test to make sure you don’t hiccup, burp, or introduce anything into your mouth that could totally skew the test results. A number of courts have excluded test results for this violation, even though the accused may not have actually hiccupped or vomited. In fact, several criteria must be met or the test results will be thrown out and not be considered as evidence. These include:

• The test operator having a current certification.
• The machine having a current certification.
• Calibrating the machine as often as required.
• Changing the mouthpiece before the test is given.
• Keeping a record of the temperature of the calibrating solutions in the machine.
• Keeping a log of the tests run.
• Counting the number of times the calibration solution has been changed.
       

Thus, to defend you properly, a lawyer should get copies of the various logs, maintenance records, and the operator’s license or certification. Sadly, most lawyers don’t, settling instead for just the complaint and the arrest report. Certainly, defeating a breath test is not easy, but don’t you think it is worth investigating before you decide whether to plead guilty or to take your case to a jury?

 Reason 4 - Filing Motions to Suppress

       Not filing this pre-trial motion before a trial is a huge mistake according to experienced attorneys. These pretrial motions in DWI cases are often not filed by attorneys who do not regularly practice DWI law since they believe the case cannot be won.

       In truth, these motions don’t succeed very often, but a case can be won by filing the proper motion. Are you willing to take the chance on not filing the motion when they might cause dismissal of your case? For instance, while a stop is generally justified if you were weaving from lane to lane, weaving within a lane may not make the stop justified; so having the judge examine the circumstances of your arrest might make an important difference in your case. Of course, the motion must be based on substantive evidence-not just a lark- but if it is, the court motion may impress the judge and make a difference later in the case, even if the motion is unsuccessful. Also, it may provide another opportunity to question the arresting officer. Depending on the judge’s patience and attitude, the officer might be asked broad range of questions. And his testimony can be used at trial as well as in plea bargaining so your attorney may get useful information that can help you decide whether a trial is in your best interest. 

 Reason 5 - Personally Checking Out the Arrest Location

          Many lawyers don’t visit the arrest location. And this can be exceedingly crucial. Sometimes, I go to the arrest scene even before a prospective client comes in for his/her investigative interview. And I take pictures of the spot where the roadside tests were given. Pictures help to refresh your recollection and sometimes stimulate recall of small details that would otherwise be overlooked. For instance, the particular location made the roadside test especially difficult to perform reliably. If there’s heavy traffic speeding by on a highway or on the shoulder of the road used for the roadside test is slanted. A slanting road automatically makes the tests more difficult to perform. Or a winding road could explain erratic driving. 

       Seeing and knowing these things makes it much easier for your lawyer to ask probing questions about the roadside test, and, in some cases, point out a physical impossibility to the jury.

       Again, an example: An officer may testify that you were weaving a certain number of times on the road. But there may not have been enough time for you to weave this many times in a given stretch of road. Details like this can be very important in determining whether your case can be won at a trial. Remember that a trial may be focused primarily, perhaps only, on getting you a more reasonable punishment, so it might be very important to show that you were not driving “drunk”, constituting a dangerous hazard to other motorists, even if you tested over the .08 that the law allows.

 Reason 6-Exploiting the Advantage of the “Training Manual” For Roadside Tests

       The “Training Manual” contains rules that the police must follow when they perform a field sobriety test . . .  that is, the roadside tests. Most lawyers know little about this manual and its rules. At the very least, this manual should be studied by your lawyer to determine exactly what questions to ask the arresting officer. This can be powerful evidence, but it is frequently overlooked by defense lawyers because so few are familiar with the manual.

       You see, if the manual’s directions weren’t completely followed, the test’s validity can be attacked. A successful challenge results in the test evidence being excluded at trial, which significantly weakens the prosecutor’s case. You may be surprised to learn that in a large number of cases, the police do things inconsistent with the manual’s instructions.

       Even more important, officers don’t always use objective scoring. The manual explains how to score the tests and how to arrive at a final score. All too often the officer simply subjectively decides whether or not you failed the tests. 

       Another facet of this is officers might have ask you to do more than the manual requires. If you were asked to take a test not in the manual (and there are only three), then your lawyer can attack these tests. Unfortunately, the police commonly use tests that aren’t in the manual so you may have been unfairly required to do more than proper procedures allow.

       Someone who doesn’t know the training manual is not going to be able to attack the way the arresting officer used it. Is that what you want?

 Reason 7-Explaining the Extra Penalties Coming With a Conviction or a Guilty Plea

            What is important about the administrative sanctions resulting from refusing the test or a conviction?  Because they can include license suspension or revocation, jail time, a significant fine, inability to rent a car, substantially higher insurance rates, and loss of your job (particularly if your job involves driving).

       And this mistake is all too common among lawyers because they don’t want to tell you bad news or take the time.

       You must take these extra penalties into account when deciding to plead guilty. If you’re not aware of these penalties, you can be the loser. An experienced attorney who really works to communicate with you about these things can make a real difference in how things go for you.

 Reason 8 - Don’t Put You on the Stand

          Many experienced attorneys believe that it is not usually a good idea to put the defendant on the stand,. This is primarily because they are not experienced witnesses, often appearing to be nervous, in contrast to the police officer who has testified many times and has learned to be “real cool” while testifying.

       Moreover, when you are put on the stand, it shifts the jury’s focus. The objective of the defense is to show that the prosecutor’s case is not strong enough to convict beyond all reasonable doubt or not strong enough to support the really severe punishment being demanded by the prosecutor. When you are put on the stand, however, the focus shifts to your credibility and honesty so it is fair to attack you in ways that are not allowed if you do not take the stand. It gives the prosecutor the chance to make you look like you’re hiding something or, at least, not being completely open and candid with the jury. If the jury is forced to choose between the police officer and you, it can seriously weaken your case. We want the improper police actions and procedures to be the focus of the trial, not your credibility.

       Sometimes it may be necessary to put you on the stand to contradict something the officer said, but this is avoided whenever possible.

       The objective of trial is placing reasonable doubt in the jury’s mind that you are guilty or showing that the circumstances of the arrest don’t justify the extreme punishment that the State is demanding.

 Reason 9 - Never Attempt to Show the Officer Lied

          Fortunately, your lawyer doesn’t need to make the officer sound like he lied to put reasonable doubt in the jury’s mind. All he really needs to do is show how the officer might simply be mistaken this time. Everyone makes mistakes sometimes, even the best, most professional police officer so a jury can be persuaded that this occurred, even if they respect the officer’s badge and appreciate his work.

       Bottom line: the jury doesn’t want to believe that the officer is lying. But it will accept the officer being mistaken. Do you think the officer will ever admit that he is lying? Not likely! But a jury can still be persuaded that a mistake occurred. People realize that everyone makes a mistake sometimes, so it is possible that the officer did in your case, right?

       In short, the case should be about a cop jumping to conclusions and making mistakes.

Reason 10 - Knowing how to Talk to a Prosecutor about your case.
            Most lawyers believe that officers and prosecutors are reasonable people and will do the “right thing”. Unfortunately, without the help or advice of an experienced attorneys, BIG MISTAKE!!!!!!!!!! First, unless you and your attorney are experienced dealing with them, you don’t know what is the right thing to say and what can hurt you case. Anything you or your attorney says can be used against you in a court of law. I can not tell you how many times a defendant or their attorney, without sufficient experience in DWI law, says the wrong thing because they believe a rational explanation will make it all go away. For example, some attorneys can’t understand why the state won’t dismiss the case once they tell the prosecutor they had a valid medical prescription. In fact, this admission may cinch the case for the prosecution or at least end up making your case worse.  
         Attorneys who are experienced in DWI law say that you should be careful in selecting your attorney for your DWI case. They are, if they are arrested, and so are experienced police officers.

      The reason for this is simple: DWI law is complex, it involves a lot of science, and a generalist cannot be everything to everybody. Defending a DWI case involves considerable preparation, familiarity with the law, and knowing what motions to make and when. An experienced in DWI law has that knowledge.

       An experienced attorneys can spot potential defenses and know how the investigation and discovery should be conducted

       DWI is not longer a minor offense. The reforms of the 80’s and 90’s, the tightening of the standards defining what DWI is, and the penalties imposed have made these cases not just complex, but also important. So it’s necessary for you to hire an experienced attorney, so your case is as strong as possible. Sometimes the most expensive overall solution looks like the cheapest in the short run. Be sure to consider that the decisions that you make about handling this DWI will affect your whole life.

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US beer(s) Light beer(s) Reduced alcohol beer(s) Pint(s) of beer Malt liquor(s) Glass(es) of table wine Glass(es) of Champagne Glass(es) of Fortified/Dessert wine Bloody Mary(s) Gin and Tonic(s) Highball(s) Irish Coffee(s) On the Rocks Pina Colada(s) Screwdriver(s) Tom Collins Whiskey Sour(s) Margarita(s) Airline miniature(s) Gimlet(s) Old-fashioned(s) Mint Julep(s) Black Russian(s) Dry Martini(s) Manhattan(s) Rob Roy(s) Double(s) on the Rocks Frozen Daquiri(s)

over a period of

hour(s)².

I am

Male

Female
(Explanation of gender differences in Blood
Alcohol Concentration)

and I weigh

Pounds

Kilograms

and I live in

United States Australia Austria Belgium Canada Cyprus Finland France Korea Hong Kong Netherlands New Zealand Norway Portugal South Africa Spain Sweden Taiwan United Kingdom United States

(so that the result is displayed in the appropriate units).

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About the Drink WheelThe Intoximeters Inc. “Drink Wheel”¹ is a form that you can fill out. Upon completion we will instantly compute your estimated blood/breath alcohol concentration (”BAC”) based on the information that you have provided and return that estimate to you. It is presented as a public service to Intoximeters web site visitors. Its primary purpose is to provide useful information about the responsible use of alcohol.

Why is it called a “Drink Wheel”?

Disclaimer

 

 

Disclaimer

 

 

 

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About the Drink WheelThe Intoximeters Inc. “Drink Wheel”¹ is a form that you can fill out. Upon completion we will instantly compute your estimated blood/breath alcohol concentration (”BAC”) based on the information that you have provided and return that estimate to you. It is presented as a public service to Intoximeters web site visitors. Its primary purpose is to provide useful information about the responsible use of alcohol.

Why is it called a “Drink Wheel”?

Disclaimer

 

 

Disclaimer

 

 

 

 

A person’s actual BAC is dependent on many complex factors, including their physical condition (body composition, health etc…) and what they have recently ingested (including food, water, medications and other drugs). This site includes a more detailed discussion of the Pharmacology and Disposition of alcohol in humans.

The results that are generated are rough estimates of an average healthy person’s BAC assuming typical beverage sizes, recipes and alcohol content. The BAC estimates generated by the Drink Wheel should not be used to infer anyone’s fitness to work, drive or perform any other task or duty.

 

  

I have had

 

  

I have had

 

I have had

 

I have had

 

 

A person’s actual BAC is dependent on many complex factors, including their physical condition (body composition, health etc…) and what they have recently ingested (including food, water, medications and other drugs). This site includes a more detailed discussion of the Pharmacology and Disposition of alcohol in humans.

The results that are generated are rough estimates of an average healthy person’s BAC assuming typical beverage sizes, recipes and alcohol content. The BAC estimates generated by the Drink Wheel should not be used to infer anyone’s fitness to work, drive or perform any other task or duty.

 

  

I have had

 

  

I have had

 

I have had

 

I have had

 

The results that are generated are rough estimates of an average healthy person’s BAC assuming typical beverage sizes, recipes and alcohol content. The BAC estimates generated by the Drink Wheel should not be used to infer anyone’s fitness to work, drive or perform any other task or duty.

 

  

I have had

 

  

I have had

 

I have had

 

I have had

 

But it was just weed…

Many people have run afoul of criminal laws with marijuana. Young people, celebrities and even U.S. Presidents have an experience with using marijuana. So it is no big deal right? Not so fast. I will focus on the consequences of a conviction for misdemeanor possession of marijuana. Notice that if you give some to a friend or sell it, we are talking about much more serious consequences.

America’s alcohol prohibition lasted 13 years, filled the country’s prisons, inspired contempt for the law among millions, bred corruption and produced Al Capone. What it did not do was keep Americans from drinking.

America’s marijuana prohibition has lasted much longer. It has created a huge underground industry catering to users, helped the U.S. prison population balloon into the world’s largest, and diverted the resources of American law enforcement. What it has not done is keep Americans from using marijuana.

On the contrary: Since 1937, the year marijuana was outlawed, its use in the United States has gone up by 4,000 percent, according to the Marijuana Policy Project, a Washington-based lobby group which advocates regulating the drug similar to alcohol. p of the list. Marijuana prohibition fails to produce intended results. Total US marijuana arrests increased 165% during the 1990s, from 287,850 in 1991 to 755,000 in 2003. Texas (51,563 marijuana arrests) The private costs of these policies have escalated as well with some 700,000 people arrested annually. The social costs, though, also include demographic impacts and their effect on society. Marijuana possession and sales arrests disproportionately impact young males between the ages of 15 and 24 as well as black adults, an impact that has likely intensified as marijuana arrests have increased. However, these increased arrest rates have not been associated with a reduction in marijuana use, reduced marijuana availability, a reduction in the number of new marijuana users, reduced treatment admissions, reduced emergency room mentions of marijuana, any reduction in marijuana potency, or any increases in the price of marijuana.

Consequences of a Marijuana Possession Conviction

In Texas a person who knowingly or intentionally possesses a usable quantity of marijuana has violated the law. The penalties are graduated by the amount possessed. If you have two ounces or less it is a Class B misdemeanor. You can receive up to 180 days in county jail and a fine up to $2,000.00. The jail time is what most people worry about. While possession of less than 4 ounces is “only” a misdemeanor, unfortunately, marijuana convictions carry with them several oppressive consequences, above and beyond what a judge may sentence you to. 

First, the good news: while possession of even the smallest usable quantity of marijuana is a Class B misdemeanor, it is unlikely that a first arrest for possession of marijuana will result in jail time. Still, some lawyers make it seem like jail is a likely result.  Personally, I suspect that this is to convince potential clients that they have worked some sort of a miracle by getting an agreement for probation.  Of course, I need to add all the usual lawyer language here and say what you already know: it would be unethical for me to promise a certain result, or guarantee a specific outcome in any case.  But, I think it’s important to note that very few people are sentenced to jail for a first time marijuana possession charge in Texas.  Most of my clients have never been arrested before, for anything, and are deathly scared when they first come to see me about the likelihood that they will have to go back to jail.  Relax, let me do the worrying. I promise to take excellent care of you and protect you from any surprises.

Having said that, here’s the bad news:  a conviction for possession of marijuana that results in “no jail time” sentence will usually come with a fine and some community service-And a permanent criminal record. Now let me explain the hidden consequences of this conviction. You now have a criminal conviction on your record that can not be removed. It will follow you the rest of your life. Every time you apply for a job, you will be asked if you have ever been convicted of a crime and you will have to answer “yes” and explain. Many apartment complexes will not lease to people with a drug conviction. If you want a job with any government agency or that requires a security clearance, which is probably going to be much more difficult to get now. These are some of the social consequences.

By creating fear of jail time, many lawyers persuade their clients that probation is a good deal and often don’t mention that their license will be suspended and they will have a permanent NEVER GO AWAY CRIMINAL RECORD. I always tell my clients that the real punishment when being convicted of marijuana possession is… the conviction itself.  Convictions literally stay on your record forever.  All future employers will be able to see it (not to mention friends, family members, nosy neighbors and apartment leasing agents, school officials everyone.)

What are the legal consequences in addition to possible jail time and fines? If you are an adult say goodbye to your Texas driver’s license for 180 days. If you are a minor, it is gone for one year. You may lose your right to receive or continue to hold a business or professional license issued by the state. You can not possess a firearm for five years following your release from probation and you may not obtain a concealed weapon license. If you are an alien, you are possibly going to be deported. Yes, you will lose these rights even if the offense was committed nowhere near a vehicle.

Call Gene Beaty for assistance with your Possession of Marijuana offense.  972-636-1247 or 817-840-9008

Right to Remain Silent

Always demand to see warrant and realize that if the police have no warrant they will seek your consent to search. If you give them consent you will have waived your fourth amendment rights. This gives the police discretion to invade your right to privacy.Right to Speak to an Attorney

Right to Jury TrialMany lawyers go to great lengths to avoid taking their cases to trial, perhaps reassigning them to associate lawyers or hastily recommending guilty pleas.

                Right to Reasonable Bail                   Always consult with an attorney before posting bail to determine the reasonableness of bail. Remember, you are entitled to a    bail hearing.

In light of the severity of heroin distribution charges, you need the best, most experienced and knowledgeable criminal attorney on your side.  Your best resource is an experienced and aggressive criminal defense attorney. At Beaty Law Firm, we recognize the seriousness of a drug charge and have the experience needed to defend your case. We will negotiate with the prosecution on your behalf and it may be possible to get your charge(s) reduced. If a trial is inevitable, we will get the best possible outcome.

If you have been accused of a methamphetamine-related drug crime, you need to act fast to get the representation you need and deserve. If convicted, you may face jail time, not to mention a conviction on your record and damage to your reputation.

About OxyContin

OxyContin contains oxycodone, a very strong narcotic pain reliever similar to morphine. Because OxyContin is time-released, breaking, chewing or crushing it may result in overdose. It is intended to relieve moderate to severe pain that is present all the time. Combining OxyContin with sleeping pills, tranquilizers and other pain medications, or with alcohol, may result in injury or death. Taking OxyContin daily can result in physical dependence.

Source: U.S. Food & Drug Administration

If this is your first offense, there may be alternatives to serving jail time or having a mark put on your record. By hiring an experienced criminal defense lawyer, you can find out if you qualify for drug diversion or “drug court”. Drug diversion programs allow someone accused of minor a drug offense to be considered for treatment instead of jail time.

The anonymous 911 call:
Although a 911 call can be part of the basis for a legal stop, there must be more than the call to make the stop legal, For instance, the police should gather certain particular facts about the caller that suggest the call is reliable. The tip could be from an angry girlfriend or spouse or someone else out to get the driver, so some inquiry is necessary before the call is used as a basis of a stop. It has become an increasingly common practice for police to receive anonymous phone calls about “drunk drivers” on the road.  These “tips” are typically relayed by the police dispatcher to an officer in the field as a call to investigate a “suspected drunk driver”; the officer is rarely told that the basis of the information is an anonymous caller with no corroboration or reliability. The officer then pulls the car over, expecting to encounter an intoxicated person behind the wheel.  And, as the psychologists tell us, we tend to see what we expect to see.  Before stopping the vehicle, the officer should observe how the vehicle is being operated and determine independent reasons to stop a moving automobile, but this is not always done. 

Detaining a driver longer than necessary:
Although traffic “detentions” are permissible to enforce traffic laws, an officer is not allowed to detain a person for long periods without reasonable suspicion that a crime is being committed or has just occurred. A ?detention? has different rules than an arrest. These rules authorize certain restraints on a citizen?s liberty, which include a limited time for control of a driver, not a lengthy detention.

Stopping a car based on a “hunch”:
An officer must have a reasonable suspicion to believe that a crime is being committed or has been committed to stop a motorist. Without specific?articulable facts? to support the suspicion, the stop, arrest and all evidence obtained may be inadmissible in court.

Stopping to check for driver?s license and registration:
Again, an officer must have specific ?articulable facts? that a crime is being committed before he can lawfully stop any motorist. The pretense of stopping a driver to check for driver?s license and registration is really no more than acting on a ?hunch? and is not a legal stop.

Stopping a vehicle for driving too slow or too fast without more proof:
Although police often target drivers that they believe are going too fast or too slow to stop, this alone is not legal authority to stop a vehicle. Speed laws were enacted to insure safe streets. Both driving too slow and exceeding the speed limit may be part, but cannot be the only proof that the driving was either unreasonable or imprudent.

Stopping a car for weaving within a single lane:
This law requires remaining in your lane as nearly as practical. It takes into account having to dodge potholes and other debris to safely navigate the road. A scene investigation is an important part of a good DWI defense.

Being mistaken about a traffic violation:
Officers are required to know the rules they enforce. They cannot stop or arrest a person who does not violate the law. A careful investigation of whether the alleged traffic violation is valid is important to a DWI investigation.

Stopping a car for improper sign:
Texas traffic laws also regulate the shape, color, placement and requirements for all traffic signs. If the sign does not comply with the regulations, it pretends to enforce an invalid law.

Stopping at an improper roadblock:
DWI roadblocks have been held to violate the Constitution and must follow specific guidelines and procedures to be held valid.

Not following Texas Breath Testing Regulations:
Texas law strictly governs the collection of blood and breath samples for DWI prosecution. If all procedures are not followed, test results will not be allowed in Court or to suspend drivers? licenses. It is surprising how many times there is some deficiency in following the rules and regulations governing testing, but these occur even among experienced officers in controlled testing situations.

Not following approved DWI training procedures:
Police are trained with manuals developed by the National Highway Traffic and Safety Administration (NHTSA). NHTSA also sponsors the training for these exercises. This training sets specific administrative procedures to be followed by the police. If these procedures are not followed, the validity of the tests for intoxication can be attacked in the hearing or trial.

Not preparing for the ALR hearings:
These hearings can determine which evidence can be used against you in trial. The police often underestimate their importance compared with trial and do not adequately prepare them to be witnesses in Court. An experienced trial lawyer can defeat a case before it gets started when this occurs.

Arresting people who are not intoxicated:
Although it may sound strange, some police arrest drivers for DWI, even though they are not intoxicated. Police are human and have their ?bad days? too. Arresting someone coming from a bar, a young driver, or a driver in an area dominated by bars is an easy mistake for an officer to make sometimes, causing terrible consequences for the driver. This is bound to happen sometimes.

       Gene Beaty has been practicing law since 1971, tried cases to judges and juries, presided as judge and negotiated many agreements. He trained at University of North Texas and SMU Law School and began practicing law in 1971 as an Assistant Prosecutor with the United States Air Force at a large training base in Texas. In 1982, Gene was selected as Associate Judge (then called Master) for the District Courts of Dallas County. After returning to private practice, he resumed an active trial and office practice, primarily handling insurance, family and criminal law cases. He now focuses on DWI defense cases, providing quality client service and communication to help clients get through this difficult process.

       Gene Beaty offers maturity and seasoned experience, allowing clients to relax as much as possible during this challenging process.

        Beaty Law Office distinguishes itself from other firms by the following factors. which are explained more fully on other pages:

Customer Service
Technology
DWI Focused Services
Reasonable Fees The initial consultation is free and flexible payment terms are available

By filing the hearing request (get a printed confirmation to prove it was done on time), your driving privileges will not be suspended automatically. Instead, you are allowed to drive as if the DWI arrest never happened until the hearing. This will give you time to consult an attorney about the license suspension and the DWI process. Print out the form below, complete the information and fax it today, if your attorney has not already done so.

 
REQUEST FOR Administrative License Revocation (ALR) HEARING

Fax to: (512) 424-2650, (512) 424-7171 & (866) 697-8817

TO: Texas Department of Public Safety ALR Program

Please type or print the following information about yourself clearly                       
Name:__________________________________________________________________

Current Mailing Address, including City, State, ZIP Code
________________________________________________________________________
________________________________________________________________________

Date of Birth: _________  Email: _____________________________________________

Telephone Number Home ______________      Work/daytime: _______________________

Driver’s License Number: _________________________      Issuing State: _____________

Date of Arrest __________________    County of Arrest:___________________________

Arresting Agency ________________________________________________________

Arresting Officer and Badge Number, if known __________________________________

I am requesting a hearing in-person in the County of Arrest:___________________

I HEREBY REQUEST A HEARING FOR THE PURPOSE OF (Check only one)

__________ FAILED TEST: Contesting the suspension of my driver’s license and/or driving privilege based on alleged failure of breath/blood/urine test, the result being allegedly 0.08 or greater.

__________ REFUSED TEST: Contesting the suspension of my driver’s license and/or driving privilege based on alleged refusal of breath/blood/urine test.

Please provide me with copies of all evidence that the Texas Department of Public Safety intends to use in the hearing, specifically including the following documents: DIC-23; DIC-24; DIC-25; DIC-56; Driving Record; TLE-1; TLE-1A; DIC-24-S; DIC-25S; Criminal Complaint; Intoxilyzer Slip; STS-3; Offense Report; Notice of Hearing.
 

I understand that this request for hearing must be received by the Texas Department of Public Safety within fifteen (15) days after I have been served with notice of suspension, which is normally the date of arrest. Further, this notice will serve as authority for me to continue to legally drive until the hearing date.

            FAXED THIS ____ day of _________________________, 200_
                                                                        __________________________________

                                                                                    (Signature)

This form is a courtesy by Beaty Law Office and does not establish an attorney-client relationship. I request that law office contact me.

Gene Beaty is DWI Attorney in Plano, Dallas, Denton and Tarrant county

Gene Beaty has been practicing law since 1971, tried cases to judges and juries, presided as judge and negotiated many agreements. He trained at the University of North Texas and SMU Law School and began practicing law in 1971 as a Defense Attorney and Prosecutor with the United States Air Force at a large training base in Texas. He was acting Staff Judge Advocate at a medical and scientific laboratory in San Antonio when he resigned his commission to enter private practice.

In 1982, Gene was selected as Associate Judge for the District Courts of Dallas County.

After returning to private practice, he resumed an active trial and office practice, primarily handling insurance, family and criminal law cases.

He now focuses on DWI defense cases, providing quality client service and communication to help clients get through this difficult process.

Gene Beaty offers maturity and seasoned experience, allowing clients to relax as much as possible during this challenging process.

“My name is Gene Beaty. I am an attorney licensed in Texas in 1971 and former Associate Judge of Dallas County, Texas. I am a law review editor, author of several peer law reviewed law review articles and contributing author on both an ABA published legal treatise and a computer training book and former Associate Judge. My commitment to each client will assure that you are treated fairly by the judicial system and your rights protected.

“Thirty-five years legal experience has taught me that a successful law firm combines intelligent, aggressive and ethical legal representation with quality communication with my clients. When you are my client, you are treated with integrity and respect. I listen to and communicate frequently with you. I use the latest technology and cost-effective business practices to assure that you know what’s happening in your case. Having prosecuted and defended criminal cases and served as Associate Judge, I am experienced in trial and the legal process. Also, I have training and experience in forensic law and science. You deserve the wisdom of my experience combined with my understanding of the science and law.”

“No other attorney is in a better position than one who has fought on behalf of hundreds of other people just like you. An experienced DWI attorney recognizes that while no two individual stories are alike, the principles for fighting individual cases are the same. An experienced DWI attorney knows where to look for facts, what questions to ask of you and of the police officers involved in your arrest, and what evidence should be obtained in order to produce the best possible result for your case.”

“It’s time to take the next step and I hope that you will consider me for your defense. I look forward to your call or email.

Claude Hill is our investigator. He is a former police officer and also runs a private detective service. His email is claude@beatylawfirm.com. Claude brings many years of investigative experience, including valuable training by the state in Field Sobriety Testing.

Patricia Harrison Howle grew up in the Dallas area, and continued to live in the surrounding areas after marriage to her husband of 33 years. She was a stay at home mom of two boys, however their youngest son started school, she decided to go back as well. She attended Northlake to start her paralegal career and continued at UTA in Arlington. Upon completion of the program, she went to work for Petrovich and Giraud in Fort Worth. In 2003, she and her husband moved to East Texas and continued her legal career in Sulphur Springs, Mineola and back again to Sulphur Springs. Patricia says she is now very happily employed with Beaty Law Firm. Patricia’s legal experience includes Family, Wills and Probate, Real Estate and Title Closing, Bankruptcy, and Criminal. trisha@beatylawfirm.com

Jeremy Coleman is a graduate of Sulphur Springs High School and California State University (Hayward). While Jeremy has spent most of his career in the newspaper industry, publications and in marketing work, he has translated these areas of study and professional service to the legal field, coordinating office management, developing direct mail marketing campaigns and working in the front lines of DWI case management. jeremy@beatylawfirm.com

The Penalties For Driving While Intoxicated (DWI) Are Generally As Follows:

1. 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’s license suspension of 90 to 365 days. (Class B Misdemeanor).

2. 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’s license suspension ranging from 180 days to 2 years. (Class A Misdemeanor).

3. 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’s license ranging from 180 days up to 2 years. (3rd Degree Felony).

4. 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).

5. 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. (3rd Degree Felony).

6. DWI where a death has occurred as a proximate cause of the intoxication: 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).

7.  A prior DWI conviction and a present drag racing charge: drag racing is a Class B Misdemeanor, however, it becomes a Class A Misdemeanor where the person had a prior drag racing conviction, a DWI conviction, or had an open alcohol container while they were driving. 

8.  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. 

There is no guarantee that you will receive probation on some of the above offenses, nor that a judge or jury would probate a jail sentence or fine.  Some of the offenses above require a minimum amount of days in jail as a condition of probation.  Therefore, you need an attorney that understands the range of punishment and how best to advise you regarding what could happen if you are convicted.

Driver’s License Surcharge:

If you are convicted of a DWI, the Department of Public Safety will require you to pay a “surcharge” in order to maintain your driver’s license for three years from the date of your conviction. 

The amount of the “surcharge” depends on two factors:

1. whether the individual takes the breath test and his/her score; and,
2. any prior DWI conviction history. 

The DPS surcharge will be assessed as follows:

1. $1,000 per year for a person with no prior convictions for DWI;
2. $1,500 per year for a person who has been previously convicted of a DWI within a 36 month period preceding the date of the relevant conviction;
3. $2,000 per year for a person who gives a blood, breath, or urine specimen, which shows an alcohol concentration of 0.16 or higher, regardless of any previous DWI convictions.

DWI Bonds with conditions:

It is up to the discretion of the court to determine your conditions of bond on a first offense.  However, if you are charged with a subsequent offense of DWI or a first offense of Manslaughter or Intoxicated Assault you are required to install a vehicle ignition interlock device on your car and are not allowed to drive any car without one.  This breath machine will determine if there is any alcohol in your breath and will disable you car temporarily.  Note that there are some instances that a judge can determine that in the interests of justice the requirement of an interlock can be waived. 

The Penalties for Driving under the influence (DUI) are generally as follows:
 
1. First Offense: Class C misdemeanor.  A minor may be fined, and will be required to complete 20 to up to 40 hours community service related to education about the misuse of alcohol.  The minor will also be required to attend an alcohol awareness program sponsored by the Texas Commission on Alcohol and Drug Abuse within 90 days.  Furthermore, if the minor is under age 18, the court may require the minor’s parent or guardian to attend the program with the minor.  If the minor fails to complete the alcohol awareness course within the 90 day period, the court may impose an additional license suspension up to six months.  For a first offense the minor may receive deferred adjudication, however, an order of deferred adjudication for DUI is considered a conviction.  If the minor receives only one conviction for DUI (while a minor), that conviction may be expunged from his record after his/her 21st birthday. If you are under age 18 the court will require your parent or guardian to be present with you at every court appearance.

2. Second Offense: Same requirements for a first-offense conviction applies to a second conviction, except for:  The minor will be required to complete a minimum of 40 and a maximum of 60 hours community service related to education about the misuse of alcohol.  Furthermore, a second or any subsequent conviction may not be expunged from your record, however, the minor may still receive deferred adjudication for a second offense.

3. Third Offense: Class B misdemeanor.  The minor will still be required to complete between 40 and 60 hours of community service, however deferred adjudication is no longer available.  As with the first two offenses the minor will be required to attend an alcohol awareness program within 90 days of your conviction, and if the minor is under age 18, a parent or guardian will be required to attend both the minor’s court appearances and the alcohol awareness program.  If, on the other hand, the minor is 18 years of age or older at the time of his/her third offense, the punishment range is a fine ranging from $500.00 to $2,000.00; confinement in jail for up to 180 days; or both a fine and some jail time in addition to a license suspension.

To speak to a knowledgeable, dedicated and aggressive Texas DWI attorney, please call our office at (214) 459-6352, or if you prefer, contact us here. ]]> http://beatylawfirm.com/attorney-services/dwi-and-dui/arrested-now-what/sentencing/dwi-and-dui-penalties/feed/ http://beatylawfirm.com/attorney-services/dwi-and-dui/dwi-now-what/ http://beatylawfirm.com/attorney-services/dwi-and-dui/dwi-now-what/#comments Mon, 03 Nov 2008 22:34:55 +0000 beatylaw http://beatylawfirm.com/?p=79 First a WARNING - You have only 15 days from the date of your arrest to request a hearing and avoid automatic revocation of your license.  Do not miss this deadline!  To help, Beaty Law Firm offers the following:

1. FREE ALR Request  - To request the hearing to avoid license revocation.  ACT TODAY to protect yourself!  Click here to email us and request the form, or call 214-459-6350 for more information.  We will make this request for you for FREE, with no obligation.
2. FREE Initial Consultation to help you get your bearings and begin to make important decisions.

Next:  Do not assume all is lost. You may feel powerless.  You’re not.  Take control.   Know your rights.   It may seem like the prosecution holds all the cards, but they don’t.   We can help you even the odds.

No question about it! You’re faced with a challenge that will affect the rest of your life. You must take this seriously; so let me give you a glimpse of what’s at stake here. You may lose your license - your insurance could go up or be cancelled - you could even go to jail. Plus it doesn’t end there. A conviction is something that could haunt you for the rest of your life, even hurting you when you apply for a job. This is not a situation to be taken lightly. This is no ordinary traffic ticket! This is a full-blown accusation of driving while impaired.  Getting arrested for drunk driving can have serious repercussions including a potential jail sentence of up to two years, probation fees and hefty fines.

DWI/DUI is a hot topic. It is a politically sensitive crime. Our judges and the legislature are listening to interest groups who are pushing for tougher DWI/DUI laws. This is required to get re-elected! Mothers Against Drunk Driving (MADD) has been a driving force in the all Texas judicial elections for tougher DWI law enforcement. The choices you make about this DWI can have lifetime consequences for you and your family.  The issues that win cases are not always known in the beginning. They require investigation and we know what to look for.

Aaron’s Alcohol & Drug Education Program
Ph. 972/264-4496
530 S. Carrier Pkwy.. Suite 390, Grand Prairie, TX 75051
DWI and Drug Offender

Addicare Group of Texas
ph. 214-824-6503 ph. 972-278-4760
8035 East RL Thornton frwy #108 Dallas, TX 75223
2722 W. Kingsley, Ste. II 5,Garland, TX 75040
Drug Offender and Repeat DWI
SUBSTANCE ABUSE EVALUATION

Alcohol Substance Abuse Program
Ph. 214/693-4468
4022 South Buck.ner Suite A 75227
DWI PRG. DWI Repeat offeuder/DOEP

Amigos & Associates: Education and Counseling Ph. 817-822-2345 (English)
972/871-2234 (Spanish)
648 W, Irving Blvd., Irving, TX 7506)
2860 Walnut Hill Ln.
Daltas, Texas 75225
OWl and Drug Offender

Bee Services, Inc.
Ph. 2 14/458-5 000
2815 Valley View Lane #220, Dallas, TX 75234
970 N. Coit Rd., Richardson, TX 75080
112N. Hampton Rd., DeSoto, TX 75115
220 Colt Rd., Piano, Tx 75075
DWI and Drug/Alcohol Driving Awareness
Repeat DWI and Drug Offender

Capes Educational Services
Ph. 214/514-2705 or469/33O-9430
13999 Goidmark Dr., Dallas, TX 75240
OWl and Drug Offender

Chemical Dependent Education Prog,, Inc.
Ph. 214-350-1711 (Spanish Available)
2530 Electronic Ln,, Ste. 808, Dallas, TX 75220
OW!, Repeat DWI and Drug Offender

Comprehensive Chemical Awareness Programs (C-CAP)
Ph, 214-221-5900
9560 Skillman St., #118, Dallas, TX 75243
Owl, Repeat DWI and Drug Offender

Dallas Challenge, Inc.
Ph. 972-566-4680
Y.M.C.A. N.E. 5th St., Grand Prairie, TX 75050
Drug Offender

Dallas Symposium
Ph. 972-732-1917
2301 Ohio, #130 ® W. Park Blvd., Piano, TX 75093
North Lake College, 5001 N. MacArthur, Irving, TX 75206
6500 Greenville Ave., Ste. 700, Dallas, TX 75206

Fusion Group
Ph. 214-426-2230
198! NorthCentral Expwy., Richardson, TX 75080
Drug Offender

Garland Treatment Center
Ph. 972-203-1141
1606 S. 1-35 E. #101, Carrollton, TX 75006
6246 Broadway, #102, Garland, TX 75043
DWI and Drug Offender

Genesis Counseling Associates, P.C.
Ph. 214-350-2223
2636 Walnut Hill Ln., #345, Dallas, TX 75229
4200 Gus Thomasson, #106, Mesquite, TX 75150
Cliff View Center 1111 W. Ledbetter Dr., Ste# 200
Dallas, Texas 75224
OWL Repeat DWI and Drug Offender

GDCADA-Dallas DWI School
(Spanish Available)
Ph. 214-522-8600 or 1-800-246-4673
4525 Lemmon Avenue., Ste. 300, Dallas, TX 75219
2714W. Kingsley Rd., Ste. Cl, Garland, TX 75040
Drug Offender

Healthy Mind, Body & Spirit, Inc.
(Spanish Available)
Ph. 214-995-3222 or 972-871-2234
1648W. Irving Blvd.
Irving, TX. 75061
Drug Offender

Hope for Tomorrow Prevention Program
Ph. 214/353-0773 (Spanish Available)
2102 Empire Central Suite 104, Dallas TX 75235
DWI & Repeat DWI

International Recovery Center Education Program
(Spanish only)
Ph. 214-630-047!
2730 Stemmons Frwy., #l02-W, Dallas, TX 75207
DwI, Repeat D-WI and Drug Offender

The New Choice Counseling Institute
(Spanish Available) Enroliment2l4 536-1983
Ph. 214-638-4008
1720 Regal Row Suite #222, Dallas, TX 75235
Repeat DWI and Drug Offenders Education.

New Beginning
Ph. 972-S98-6279
2860 Walnut Hill Ln., #109, Dallas, TX 75229
DW1, Repeat DWI and Drug Offender

Open Door
Ph. 214-327-0886
203 John West Rd., 10], Dallas, TX 75228
Drug Offender

Pathway Program
Ph. 972-259-4025
1425 W. Pioneer. Irving, TX 75061
o Repeat OW! and Drug Offender

Red Bird Education Programs
Ph, 214-287-3501
4569 S. Westmoreland, Dallas, TX 75237
119W. Jefferson Blvd., Dallas, TX 75208
OWl, Repeat DWI and Drug Offender

Remedy Addictions Counselors
Ph. 972-253-0000
1400W. irving Blvd., Ste. 100, Irving, TX 75061
Drug Offender

Behavioral Rehabilitative Services
0824 Ferguson Road
Dallas, Texas 75228
214-541-7757 Fax: 972-686-1554
wwwcdallasrehab.net -
OW!
Amigos & Assciates Education and Counseling
2860 Walnut 1-Ull Lu. Ste. IOU-C Dallas, Tx. 75229
Drug Offender Course IS horas 3 horas por cinco dias.

Trevino’s Education Programs
OW! Education Program
First Offender Course
Para matricular al curso de DWI Primer ofensa
Porfavor Ilamar al telefono (214) 537-4611, Hacer una cita
Ubicascion: 121 S. Zang Blvd. Ste. 108 Dallas, Texas 75208
Honorarios Del Curso: DWI Educacion Programa $80
inforniacion Necesitada Al Matricular:
Numero de Ia ]icencia, numero de seguro
Social, ei numero de Ia causa, nombre
Dc official de probation

Crossroads UW! and DOEP Program
1836 Viginia St. Suite 105-A
Mckinney, Texas 75069
972 542-0919 or 888 542-0919

Cenikor
2209 South Main St.
Fort Worth, Texas 76110
(817)921-2771
Reclaim Your Driving Privilege
Texas Certified D.O.E.P
Mon-Fri. a.m.&p.m
3306W, Walnut Suite 400
Garlmid, Texas 75041
(972) 533-3849

Southwest Behavioral Clinics
Ph. 214-941-7499
727S. R. L. Thornton Fny., Dallas, TX 75203
Drug Offender

Southwest Alcohol/Unig DWI Education Prog.
Ph. 972-416-4065
4325 BeItline Rd., Addison, TX 75001
DWI

Substance Offenders Education Seiwices
Ph. 214-381-9535
2240 Prairie Creek, Ste. 700, Dallas, TX 75227
DW! and Drug Offender

Target Education
Ph. 214-521-3141
4525 Lemmon Ave.
Dallas, TX 75219
DWI and Drug Offender

Youthful Drinking and Driv’mg Prevention Program
(Ages 6-23) YDOP is an 8 hour interactive Program
$150.00 9AM–5PM
Da]lqs Challenges, Inc.
7777 Forest Lane, Suite BAlD
Dallas, Texas 75230
PH#: 972-566-4680

Salud Counseling Services 214-330-7950
2760W. Davis Dallas, Texas 75211
10914 Shiloh Rd. Dallas, Texas 75228
2555 Valley View Ln. Farmers Branch, Texas 75234
DWI Course 12 horas; 4 horas por tres dias
Repeat Offender Course 32 horas; dieciseis sesiones, 2
horas por sesiones
Drug Offender Course 15 horas; 3 horas por cinco dias

These Schools are not associated in any manner wth the Dallas Community Supervision and Corrections Department. D.C.S.C.D. is not responsible for the accuracy of this information or the performance ofthese schools. (revised 5/18/07)

Beaty Law Firm–PLANO

101 E. Park Blvd
Suite 600
Plano, Texas 75074

(972) 992-0234(866) 697-8817 Toll Free FAX

Gene@BeatyLawFirm.com

You deserve to work with a DWI Attorney who knows the Judges and Prosecutors and knows HOW to work around them. You deserve a DWI Attorney who has actually had NOT-GUILTY verdicts in County Courts in the past 6 months (TWO ACQUITTALS the FIRST WEEK OF JUNE!!). You deserve a DWI Attorney who really knows and understands the special rules of each Court and the legal leanings of each Judge.

My DWI Clients have received NOT GUILTY verdicts or REDUCTIONS in the past year. I invite you to see my RECENT WINS. Plus, in just the past 12 months, I have negotiated more than 100 DWI plea agreements for my clients in County Courts, with sentences BELOW the maximum punishment. Wouldn’t you prefer to place your future in the hands of a DWI Attorney with proven-AND RECENT-experience?

Some of my clients know that they were not intoxicated and have been done a great wrong, so they know they must find an experienced DWI attorney to mount a vigorous defense. Others are not so sure. Some don’t think they have a chance when they hire me, but they want an expert evaluation before they decide what to do. DWI cases are different than any other criminal cases. Isn’t it critical that your case be handled by an expert?

All my clients want to save their license, so a DWI attorney makes sense. Only DWI lawyers master the ALR process to avoid license suspension. You must act immediately to save your license! If you wait more than 15 days to ask for an ALR hearing, your license will be automatically suspended. You must not let this happen! What if your license can be protected and not suspended at all? We will make this request for you FREE at no charge and with no commitment from you, because you deserve a break! Once this is done, you can take some time to decide which DWI attorney is right for you. Act quickly to protect your license and then carefully to select the DWI attorney best for you. Don’t you deserve the best help possible? My services are affordable, professional, honest and committed to your defense. Give us a call today.

Gene@BeatyLawFirm.com

(972) 992-0234

(817) 840-9008

(800) 617-0083

SPEEDING/RADAR DEFEATED (2008 Hearing): He was speeding home after a party. He was lost and got stopped very late one night in a small town. We challenged the radar evidence contending that stopping his vehicle was unlawful. Our client was just off probation for his first DWI, so when the DA offered to reduce the DWI-2nd to Obstruction of a Roadway, he accepted. CR2007-08234-C

CHAIN OF CUSTODY DEFEATED (2008 trial): Found in her car after an accident, she agreed to a blood test. The results were over the legal limit. Mr. Beaty was able to show the Prosecutor that she could not prove a chain of custody for the blood test evidence. When the DA offered to drop the DWI and reduce to Obstruction of a Roadway, the client accepted the offer. CR04-21510

REDUCTION FROM DWI/2ND TO DWI/1ST (2008 HEARING): He was headed home from a local bar and decided to stop by for a bite to eat. He accidentally ran into another parked car and the police were called. Even though his last DWI was more than 20 years ago, he knew he was in trouble because this was his 2nd DWI arrest. When the DA offered to drop the DWI/2nd and reduce to DWI/1st, the client accepted the offer and Mr. Beaty was able to work out a more-than-favorable plea agreement. MB07-44014

OFFICER’S TESTIMONY DEFEATED (2007 trial): Gene Beaty believes in visiting the scene of the arrest while preparing a case for trial. In this case, he made several trips because it just didn’t seem quite right. Finally, using his camera to recreate the scene completely, he finally saw it. The story told by the police officer could not be right because a large bush obstructed his view of an important part of the arrest process. Armed with this information, Mr. Beaty confronted the State’s attorney who backed off and offered a reduced charge. The client decided to accept the lesser charge rather than risk a conviction that would have resulted in jail time as a condition of probation. MB06-07019

PLUS 2 more cases Reduced to Non-DWI Offenses (2007): High Breath test reduced CR06-23834; Accident on a county road, reduced CR06-24668.

ILLEGAL STOP WINS
2008-05-29243—06/08
2008-03-28090—06/08
2008-05-29476—05/08
2007-09-39606—10/07
2007-07-29800—09/07
2007-06-30096—08/07
2007-06-30123—06/07
2007-05-37960—07/07
2007-06-29409—06/07
2007-02-36913—06/07

INSUFFICIENT EVIDENCE WINS
2008-06-30287: June, 2008
2008-03-27887—06/08
2008-03-28286—06/08
2008-01-36832—03/08
2007-08-30886—02/08
2007-12-40666—01/08
2007-10-31536—12/07
2007-09-31017—11/07
2007-09-31112—11/07
2007-10-31657—11/07
2007-10-31647—10/07
2007-06-29916—09/07

IMPROPER DOCUMENT WINS
2008-07-30363: July, 2008
2008-03-27840: June, 2008
2008-06-29679: June, 2008
2008-04-28460—05/08
2004-01-27108—04/08
2008-02-27663—02/08
2008-02-27511—02/08
2007-10-31669—10/07
2007-09-31115—10/07
2007-07-30367—10/07
2007-09-31089—09/07
2007-08-09100—08/07
2007-07-29669—08/07
2007-06-29924—07/07
2007-05-29090—07/07
2007-07-29771—07/07

Wouldn’t you like to add your ALR case or criminal case to Mr. Beaty’s list of WINS?

We are looking for more cases to win!

MOTION TO SUPPRESS EVIDENCE GRANTED (2008 Hearing): He had been out with his Dad at a Stars game and stopped by a restaurant after the game. He was stopped for speeding in Carrollton for speeding and when the officers discovered he had a DWI conviction 5 years ago, they assumed he was intoxicated this time too. Mr. Beaty was able to prove to the Court that the stop of his vehicle was unlawful and that the police continued the detention of this defendant longer than legally permissible. The DA was forced to dismiss his case. MA07-12560

SPEED/RADAR STOP DEFEATED (2008 Jury Trial): He was speeding up on the Central Expressway service road just North of Mockingbird Lane, entering onto Central. The officer said he stopped him for speeding on the service road. Mr. Beaty thought this curious, knowing his client was following the DPS Driver’s Manual which recommends speeding up in the “speed lane” (entrance ramp) to be going as fast as the freeway traffic… Mr. Beaty fought the use of the radar gun and a Jury found him not-guilty. MB06-73370

“SUSPICIOUS VEHICLE” DEFEATED (2008 trial): She didn’t know why he stopped her car in the first place, but the video indicated that she was intoxicated. She hired us because she wanted a real DWI attorney who would take a careful look at the case before she decided what to do. When the evidence came in, Mr. Beaty did serious legal research and decided there was a viable defense - so we tested our theory at the ALR hearing and won. Encouraged, we filed a motion to suppress the evidence of the stop and all the events that followed. On the second hearing on the motion, the Judge agreed. Soon thereafter a trial was held. The State’s attorney had no evidence to offer because of the judge’s pretrial order, so the verdict was NOT GUILTY. The record has been expunged, making it possible for her to apply for a license as a process server working with attorneys and courts. 002-86473-07

FIELD SOBRIETY TESTS DEFEATED (2008 Jury Trial): He rolled through a stop sign on his way home from work. He was surprised to be pulled over because he had done it so many times. Mr. Beaty was able to prove to a Jury, with the testimony of a trusted expert witness, that the field sobriety tests were not conducted properly. We created charts to show the Jury how difficult it would have been for our client to properly complete the tests and had a proven expert to back it up, so the Jury announced NOT GUILTY. This record has been expunged. 003-89011-07

VEHICLE STOP and DETENTION DEFEATED (2008 trial): With a prior DWI conviction in 2003, he knew he had to fight this time. If convicted, he would have received a “hard suspension,” meaning that he could not get a restricted or Occupational license for a full year if he lost his case. Our client refused all the field sobriety and breath tests and would not cooperate with the policeman who stopped his vehicle. We tried the case and won—NOT GUILTY. This record has been expunged and our client was able to freely move out of state with his family. 001-84674-07

FELONY DWI WON (2007 trial): He had two DWI convictions in less than 10 years but did not consider his drinking to be a problem. When he was arrested for this felony case, he realized that he was facing possible prison time and needed a real DWI attorney. Working with rehab counselors recommended by our firm and dealing with the Judge when his interlock device on his car reported a violation, he realized that too many of the problems in his life had been caused by alcohol and he stopped his drinking, but this was not enough to make the case go away. When his case finally came to trial, he was not optimistic and shocked when the Judge announced NOT GUILTY. The case has been expunged, which means that it has been removed from all police and court records. He was truly blessed with a fresh start. F06-66566

BLOOD TEST DEFEATED (2007 trial): He vigorously denied his guilt from the beginning but the jury saw medical records showing a blood alcohol far exceeding 0.08. His diabetes complicated the case. Some members of the jury argued vigorously for conviction but finally the jury agreed to a finding of NOT GUILTY. Because he works ground support in the aviation industry, the acquittal saved his career. MB06-37108

RADAR STOP DEFEATED (2007 trial): He knew immediately when he was arrested that he had to find an experienced and resourceful DWI attorney. He won 2 other DWI cases in the last few years, so the police arrested him even though they had a weak case against him. At trial, he was found NOT GUILTY and his record has been expunged. 005-83227-07

Posted by Gene R. Beaty, Attorney at Law

If you’re reading this, you or someone you care for, has been arrested and charged with Driving While Intoxicated (DWI). Whether the police thought you were intoxicated with alcohol, illegal drugs or perfectly legal, physician prescribed medication doesn’t matter. They are coming after you and for the moment, you are standing alone. I am fully aware that a DWI charge can seem overwhelming and that you are at the mercy of law enforcement, court and legal systems of which you have no knowledge whatsoever. The police and the prosecutor are dedicated to convicting you; and its no wonder that you feel threatened. However, I implore you, DO NOT GIVE IN TO THE TEMPTATION TO THROW UP YOUR HANDS AND DECLARE ‘I’M GUILTY!’

I can assure you that later, when the dust has cleared and the world looks good to you again, you will regret it. Think with me for just a moment….How can you say to yourself, even now, that you are guilty? Because the cops and an overly eager prosecutor say you are? Well, just forget about them for awhile, you’re a long way from letting them make decisions for you.

At the risk of sounding a bit self-serving, YOU MUST SEEK EXPERIENCED DWI LEGAL COUNSEL BEFORE YOU DECIDE ANYTHING….and not just any attorney. Do yourself the favor of ‘teaming’ with a counselor who impressed you, perhaps at the ‘get-go’, as having the track-record, competency and dedication to ensure that you are constructively and vigorously represented in full accordance with your rights. And those rights are considerable, probably more than you realize right now.

JUSTICE demands that police follow proper procedure, that only legally admissible evidence is presented at trial and that you not be convicted on mere opinion or prejudice. Thanks for letting me say that.

The purpose of my message is to introduce important information about DWI laws, processes, potential penalties, and other considerations that you will need to know.

You deserve to be served by an experienced DWI lawyer who has compassion for what you are going through, who has full appreciation of what you might be up against and who has representational skills that any lawyer would envy-fine tuned through years of dedication to the rights of clients.

DWI laws are written by politicians in response to pressure from MADD and other special interest groups; not by people intending to keep you and the public safe. Politicians in Texas know that catering to special interest groups, like MADD, will get votes, and hiding under the umbrella of such a popular and seemingly worthy cause, who would question the real motive?

Good citizens are invariably deeply embarrassed about a DWI arrest, and their initial reaction is to get the episode behind them as quickly as possible. This rush to judgment is, however, not in their, or your, best interests. In the real world, it is, sadly, common for some impaired drivers go free and for sober people to be convicted. You should be dismayed to learn the many DWI convictions occur because too few lawyers understand how to effectively defend these cases. After a superficial review of the prosecutor’s supposed ‘air tight’ case, many defense lawyers advise their clients to plead guilty without even negotiating for leniency, let alone acquittal.

So, let’s start studying DWI’s! You need this knowledge before making the all important decision as to how you should best defend yourself and with whom you will chose to ‘team’. By finding and working with your team of DWI focused professionals, you can protect yourself from a State government interested only in conviction, fines, surcharges and taking your liberty.

Rule No. 2:  Never physically resist a police officer.

Rule No. 3:  When you are a suspect in a criminal case, NEVER give any statements to the police, and never sign anything.

Rule No. 4:  If you have been drinking alcoholic beverages, avoid the police if at all possible.

Rule No. 5:  Do not be an ass to police officers.

Do not consent to a search of your car. Do not consent to a search of your home. Do not consent of a search of your friend’s apartment. Do not consent to a search of your person. Do not consent even if the police tell you they have a warrant. Do not consent. EVER.

Physical resistance is always illegal (unless the police are using excessive force against you, then you may offer “reasonable force” in self defense.) Remember: You SAY “I do not consent” - you DO nothing to resist.

Do not give written statements to the police. Do not give verbal statements to the police. Do not talk to them at all, except to say “My lawyer has told me not to answer any questions.” When they ask you a question, you ask to see your attorney. The sole exception: You must provide the police with your legal name, date of birth, and address for identification purposes. It is illegal for you to fail to do so upon request.

If a police officer smells alcohol on your breath, you are very likely to be arrested for DWI (if you are driving) or public intoxication (if you are not driving). If you must have contact with a police officer when you have been drinking, try to keep the contact as short as possible and try not to let the officer smell the breath. Never under any circumstances argue with a police officer if you have been drinking. That’s a guaranteed trip to jail.

Be polite. Police have far to much power in the streets for you and I to smart off to them. The streets are their “home field”. If you need to say something derogatory about the police, wait until we get them into the courthouse - that’s our “home court”.

I will get back to you promptly, usually the same day. I look forward to hearing from you soon.

Abrams Centre
Prosperity Bank Building
9330 Lyndon B. Johnson Freeway, Ste 900
Dallas, TX 75243

(972) 992-0234
(866) 697-8817 Toll Free FAX

DALLAS COUNTY: * Addison * Balch Springs * Cedar Hill * Carrollton * Cockrell Hill * Combine * Coppell * Dallas * DeSoto * Duncanville * Farmers Branch * Ferris * Garland * Glenn Heights * Grand Prairie * Grapevine * Highland Park * Hutchins * Irving * Lancaster * Lewisville * Mesquite * Ovilla * Richardson * Rowlett * Seagoville * Sunnyvale * University Park * Wilmer * Wylie