DWI & DUI

YOU DO NOT HAVE TO GO THROUGH YOUR DRIVING WHILE INTOXICATED EXPERIENCE ALONE.

I WILL FIGHT TO PROTECT YOUR RIGHTS AND FIGHT TO KEEP YOU FROM BEING CONVICTED OF DRIVING WHILE INTOXICATED.

It is important that you retain a lawyer with experience in the defense of Driving While Intoxicated to protect all of your rights!  It is possible to obtain a dismissal of your case, have your case pled to a lesser charge than DWI or even win your case at trial.

Being arrested for Driving While Intoxicated can be a very frightening and frustrating experience.  Often, the person arrested for Driving While Intoxicated has no prior contacts with the criminal justice system (i.e. they have never been arrested before).  Driving While Intoxicated is a crime that can affect any member of society, regardless of socio-economic, racial or religious background.  DWI is also one of the only crimes in the State of Texas where a police officer can arrest you based solely on his opinion. 

A DWI conviction can have enormous consequences. 

1st Conviction

Maximum of 180 days in jail

Up to $2,000 fine

2nd Conviction

Maximum of 1 year in jail

Up to $4,000 fine

3rd Conviction

Maximum of 10 years in Texas State Penitentiary

Up to $10,000 fine

As of September 1, 2003… anyone convicted of DWI in Texas must pay a "surcharge" of $1,000.00 a year for three years to keep their Texas driver license.

A second DWI will cost $1,500.00 a year for three years, and if a person ever has a blood-alcohol content of 0.16 or more, as determined by a breathalyzer or a blood test, then they must pay $2,000.00 per year for three years to keep their Texas driver license.

DO NOT HESITATE IN SEEKING LEGAL ADVICE FOR DWI REPRESENTATION !!

First, you can contest the suspension of your driver’s license, but you must act quickly.  REQUEST FOR A HEARING MUST BE MADE WITHIN 15 DAYS AFTER RECEIVING THE NOTICE OF SUSPENSION.  Most people receive notice of suspension on the night of the arrest.

YOUR LICENSE WILL BE SUSPENDED IF YOU REFUSE TO TAKE THE BREATH TEST OR YOUR BREATH TEST RESULTS ARE .08 OR GREATER UNLESS YOU ACT QUICKLY TO PRESERVE YOUR RIGHT TO CONTEST SUSPENSION.

Secondly, the sooner you seek advice from a lawyer competent in DWI representation, the sooner your lawyer can began investigation of your case. 

As your lawyer, I will thoroughly investigate your case and provide tough, aggressive representation.  In most cases, you do not want an attorney that advises you to take the prosecutor’s offer, even if the prosecutor offers you probation.  Many of these cases can be dismissed, pled to other charges, or ultimately won at trial. 

TEXAS DRIVING WHILE INTOXICATED LAW

Texas law provides that a person can be convicted of Driving While Intoxicated if the State can prove that the person has lost the normal use of their MENTAL or PHYSICAL faculties by reason of the introduction of alcohol, a controlled substance, a drug, a combination of two or more of those substances, or any other substance into the body OR having an alcohol concentration of .08 or more at the time of driving. 

FIELD SOBRIETY TESTS

Most of the evidence that will be presented against an individual at trial who refused to take the breath test will be the video taped recording of the field sobriety tests that were administered to the individual on the side of the road.  Police officers are trained to administer these tests and to record the results.  However, many officers do not properly administer the tests or record the results, and further, many of the tests are designed for failure. 

IT IS IMPORTANT TO RETAIN A LAWYER THAT CAN IDENTIFY MISTAKES POLICE OFFICERS MAKE WITH RESPECT TO THESE TESTS. 

I attended the same course that police officers attend to administer field sobriety test, and I am certified to administer the field sobriety tests.  Therefore, I can identify mistakes that the police officer made, and thoroughly cross examine the officer regarding those mistakes. 

BREATH TEST RESULTS

Do not believe that you will be convicted of Driving While Intoxicated simply because you took the breath test and your results were .08 or above.  The prosecutor must prove that your Blood Alcohol Content was .08 or above at the time an individual was driving.  I am knowledgeable in the intricacies of retrograde extrapolation (the science, or lack thereof, of determining a person’s Blood Alcohol Content from a remote period of time), and therefore, I can effectively represent you in countering the breath test results by thoroughly cross examining the prosecution’s expert witnesses. 

FREE INITIAL CONSULTATION

I provide a free initial consultation where I explain your rights and determine a course of action.

SERVICES PROVIDED

When I am retained to represent you, I will thoroughly investigate your case and determine any defenses that you may have with regard to your case. 

I will file the necessary documents to insure that your rights are protected with respect to your license suspension.  I will represent you at the hearing on your license suspension and thoroughly cross examine the Government’s witnesses.

I will represent you at the pre-trial hearing and discover most, if not all, of the evidence that will be presented against you at your DWI trial.

I will thoroughly prepare for trial to insure that you have aggressive, competent representation during all aspects of trial.

PAST RESULTS

  • State of Texas v. Burger, Driving While Intoxicated - Dismissed DWI - April, 2004
  • State of Texas v. (Juvenile), Aggravated Sexual Assault - Dismissed - August, 2004
  • State of Texas v. Martino, Driving While Intoxicated - Dismissed DWI and pled to Traffic Fine of $200.00 - January, 2005