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Arlington, Tx DWI / DUI Lawyer

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WARNING: Texas law only provides 15 days to request a hearing to fight your driver's license suspension upon a DWI arrest. If you do nothing, the State of Texas will assume that you consent to the suspension, and your driver's license will automatically be suspended in 40 days. We can delay, or possibly prevent, this suspension.

DUI / DWI Attorney - Arlington, Texas

An arrest for Driving While Intoxicated in Arlington could have a long lasting impact on your life. Not only are you facing the loss of your freedom, but time, money, and numerous other consequences not immediately apparent are at hand. A first-time DWI conviction could result in up to a 180 day jail sentence in the Tarrant County Jail and a fine up to $2,000. In addition, the Texas Department of Public Safety will charge you an additional $3,000 in "surcharges," plus attempt to suspend your driver's license. For this reason, if arrested for a DWI in Arlington, Texas, you need a law firm with experienced DWI attorneys by your side.

Does an Arlington DWI mean that you are automatically going to jail upon conviction? No! While you are going to go to jail when initially arrested in almost all cases, an experienced DWI lawyer can work towards keeping you out of jail.

What is the penalty structure for DWI convictions?

There are several factors that go into assessing the potential punishment range for a Driving While Intoxicated charge. Chief among them will be whether you have previously been convicted of a prior DWI offense. As a result, the punishment range for a DWI conviction can range dramatically from probation to several years in prison for those with multiple DWI convictions.

Do I need a DWI lawyer if I feel that I'm guilty? Yes! While you might feel this way, you still need a DWI lawyer by your side to evaluate two things. First, prior to the Tarrant County District Attorney's office being able to achieve a conviction in a DWI case, they must first show several things ranging from the initial stop being valid to your guilty beyond a reasonable doubt that you were driving while intoxicated. Although you might feel they can prove you were driving under the influence of alcohol beyond the legal limit, if specific irregularities existed in your arrest then it may be possible to have your DWI case dismissed. Second, even if the prosecutor is able to meet all of the burdens, an experienced DWI lawyer can be of great assistance when navigating the Tarrant County criminal justice system.

Our firm has successfully defended individuals arrested for DWI throughout Texas, and if you would like to speak with us regarding your DWI arrest in Arlington, Texas, please call (817) 717-6847 or use the contact form.

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If you would like to speak with our law firm regarding a legal matter you have, we encourage you to contact us by phone at (817) 717-6847 or send us a message.

One of the questions people often asked after an arrest for DWI in Arlington is whether they will have to go back to jail after they have bonded out?

The short answer....

While jail time minimums exist, a skilled DWI lawyer can often avoid you spending additional time in jail.

The longer answer....

While Texas law mandates that anyone convicted of a first-offense DWI must spend at least 72 hours in the county jail, we have often been able to keep our clients from serving any additional jail.

For those with prior DWI convictions, the mandatory minimum jail time increases substantially. For example, if you are arrested for a second DWI in Arlington, or elsewhere in Texas, you'll be facing a minimum 30 days in the county jail.

Again, a skilled DWI lawyer can often help you either a) avoid additional jail time or b) limit the amount of time you might have to spend.

If you have been arrested for drinking and driving in Arlington, or the surrounding area, and would like to speak with an Arlington, Texas DWI / DUI lawyer, please do not hesitate to contact our law firm at (817) 717-6847 or use our Contact Form.

Categories: Arlington DWI Lawyer Post, Tarrant County, Texas, DWI Jail Sentences

Date: October 18, 2010

A question that comes up from time to time is, "can a person receive a deferred sentence for a DWI in Texas?"

Texas no longer allows for a DWI to be dismissed upon successful completion of probation. However, in very limited circumstances, special provisions apply for veterans.

As a result of the "no deferred" rule, all convictions for DWI are final. This in turn means that any subsequent DWI arrest can be enhanced to a higher penalty class.

For example, if you were to be convicted in Dallas County for a first DWI, and then later arrested in Arlington for a second DWI, the prosecutor would most likely enhance the new DWI charge to a Class A misdemeanor. As a result, you would be facing a minimum 30 day jail sentence and up to one (1) year in the Tarrant County Jail.

Is there a way to avoid the jail sentence that comes with a DWI?

Yes. While each DWI case is fact specific and stands on its own, there are tools that your Arlington DWI lawyer has at his disposal that may help you avoid serving additional time in jail. The first is to see if the DWI charge can be dismissed. If this is not possible, then your DWI attorney will start reviewing other options available that range from working out an arrangement with the Tarrant County prosecutor to taking the case to trial.

If you have been arrested for drinking and driving in Arlington, or the surrounding area, and would like to speak with an Arlington, Texas DWI / DUI lawyer, please do not hesitate to contact our law firm at (817) 717-6847 or use our Contact Form.

Categories: Arlington DWI Lawyer Post, Tarrant County, Texas, DWI Disposition

Date: September 14, 2010

As the start of another football season begins, fans needs to be careful when going to the Stadium for a game. Arlington police officers know the games offer prime territory when looking for drivers that have been drinking.

So for this reason, if you are going to a football game this Fall and have any alcohol, play it safe and have a designated driver.

A quick word on the designated driver....

First, it's a great idea!

Second, if you either volunteer or draw the short straw for the position, do not have any alcohol to drink. The reason for this point is to preserve the concept, keep everyone safe, and avoid the designated driver getting a DWI (yes, it happens more often than you would think).

On a closing note, remember to also use a designated driver if you are going to a bar or friend's house to watch the game.

In the event that this information finds you a bit late, and you were arrested in Arlington for a DWI then it's important to contact an experienced DWI lawyer as soon as possible.

If you have been arrested for drinking and driving in Arlington, or the surrounding area, and would like to speak with an Arlington, Texas DWI / DUI lawyer, please do not hesitate to contact our law firm at (817) 717-6847 or use our Contact Form.

Categories: Arlington DWI Lawyer Post, Tarrant County, Texas, DWI Arrest

Date: September 9, 2010

One of the questions DWI lawyers in Arlington are asked from time to time is what should I do if I'm stopped for a DWI or DUI?

While this information will apply to most situations involving those being pulled over for drunk driving in Arlington, and elsewhere in Texas, it is in no way a substitute for individual legal advice.

Remain calm:

If you are stopped for drinking and driving remember to stay calm. Understandably, this will be a difficult thing to do when the officer ask, "have you been drinking?" However, it is imperative that you remain calm and focused.

Have your information ready:

Make sure that all of the information you are normally asked for when stopped by the police is easily accessible.

Have things such as your insurance card, vehicle registration, and driver's license in a place where you can get to quickly and have it ready when the officer shows up next to your window. Of note, it's best to have your hands on the wheel with this information in hand when the officer walks up, because it will normally ease some of the tension a police officer feels when walking up to a car, especially at night.

Also, by having these items ready when you first encounter the police officer it demonstrates a normal cognitive ability, which might indicate that you are not intoxicated. Moreover, under normal circumstances being stopped by the police can make someone nervous, and this is compounded if you have been drinking, so anything you can do to lessen your anxiety level should prove helpful.

Get ready to make a tough call:

While it would be easy to say that you should refuse to do anything the officer requests, and in many cases this is good advice, the reality is that if you refuse to cooperate with the DWI investigation then you're probably going to jail, and you have blown the remote chance of being let go after the DWI investigation is completed.

On the other hand, if you do cooperate and end up being arrested for a driving under the influence then you are most likely providing evidence that will be used against you in court.

While each situation is different, most Arlington DWI attorneys would agree that you should always refuse the breath test unless you are 100% sure there is no alcohol in your system, and even then you run the risk of the prosecutor trying to argue that you were intoxicated by reason of drug induction. Also, most DWI attorneys would agree that it's probably a good idea to refuse the field sobriety tests.

When all is said and done, you have to make the decisions.

Watch what you say and do:

Remember, everything you say and do is most likely being recorded.

There are few things worse than seeing a client that looks great on a video, but then loses it by starting to cuss, argue, and/or make every admission in the book.

While these issues may be able to be overcome, they can also prove very damaging to your case, especially admissions to drinking alcohol. At the very least, you run the risk of the jury disliking you if the case goes trial, and while being likeable is not a requirement for a not guilty verdict, it sure doesn't hurt if the jury thinks kindly of you.

If arrested, contact a DWI lawyer immediately:

If luck does not favor you, and you are arrested for Driving While Intoxicated you will need to speak with a DWI lawyer as soon as possible, because you only have 15 days until you start waiving important rights involving your case.

If you have been arrested for drinking and driving in Arlington, or the surrounding area, and would like to speak with an Arlington, Texas DWI / DUI lawyer, please do not hesitate to contact our law firm at (817) 717-6847 or use our Contact Form.

Categories: Arlington DWI Lawyer Post, Tarrant County, Texas, DWI Arrest

Date: September 5, 2010

The question of whether someone should take the breath test if offered when confronted with a DWI arrest came up during conversation, and based on my experience as a DWI Attorney in the Arlington area, the answer was in almost all cases absolutely not!

Here are the reasons....

While it's true that in theory if you blow below the legal limit you might be released for DWI, there is no guarantee this will happen, and the downside to providing a breath sample is simply too great. Moreover, the odds of the Arlington Police Department letting you go once you are at the police station is pretty remote in most DWI lawyers' opinion.

Granted, if you blow below the legal limit then DPS is going to have a difficult time trying to suspend your driver's license from just the DWI arrest through an Administrative Law Procedure, but even if you blow below the legal limit of .08 the Tarrant County prosecutor can still file a DWI case against you.

If you blew below .08 then how can you be charged with DWI?

Simply put, there are two ways a Tarrant County prosecutor can charge you with DWI. The first is if your blood alcohol limit is above the .08 "legal limit" as shown through a blood or breath test. The second is by alleging that through the introduction of alcohol you lost the normal use of your physical and mental faculties.

With the second method of charging a person with DWI the .08 limit is literally thrown out the window. As a result, you could actually have a blood alcohol limit that is less than the .08 limit and still face a DWI charge in Tarrant County.

Okay, so should you take the breath test or not?

That is going to be a personal decision, and while I have seen some prosecutors dismiss a DWI case based on breath test results (normally .00), I have seen just as many (if not more) move forward with prosecution arguing that either a) the Defendant had lost the normal use of his ability or b) that based upon the difference in time that had past from the initial encounter with police officer on the side of the road to when the test was actually given at the station the Defendant's Blood Alcohol Content (BAC) was above the limit.

Also, another argument I have seen prosecutors make, especially when they are confronted with a .00 breath test result, is that the Defendant was not intoxicated by reason of alcohol, but by the introduction for some type of drug (legal or illegal) that impacted the ability to drive. From a DWI attorney's perspective this is often a good position to find a client's case, because often all of the police reports are going to make references to how bad the smell of alcohol was at the time of arrest with no reference to drugs, and with no alcohol showing up it makes for an interesting conversation with the prosecutor that can often serve to benefit the defendant.

Point being, the decision to take the breath test offered to you is a personal choice. In some cases it has worked to the client's advantage, but more often than not, it only serves to give the Tarrant County prosecutor more ammunition in prosecuting the case.

If you have been arrested for drinking and driving in Arlington, or the surrounding area, and would like to speak with an Arlington, Texas DWI / DUI lawyer, please do not hesitate to contact our law firm at (817) 717-6847 or use our Contact Form.

Categories: Arlington DWI Lawyer Post, Tarrant County, Texas, Breath Test

Date: August 30, 2010

Texas has joined the National Highway Traffic Safety Administration in its DWI Prevention Campaign (a.k.a. Texas' Arrest First, Ask Questions Later DWI Program) by announcement through a recent press release.

From August 20, 2010 to September 6, 2010, Texas will be placing thousands of police officers and troopers on our roads looking to arrest drunk drivers. While few would argue that it's not a good idea to have drunk drivers on the road, the stated function of the program is troubling.

In short, if you are caught drinking and driving you are going to jail.

So, where is the problem you ask?

The problem is that Texas law does not make it a crime to drink and drive (it is a crime to be intoxicated and drive), and placing thousands of overzealous officers getting paid overtime on the road to establish a dragnet will likely result in many people that are not legally intoxicated going to jail.

Let's take a look at an example of the problem associated with this policy:

It's the Labor Day weekend, and you are enjoying a Bar-B-Q with friends and family in Arlington, Texas. Just after finishing your burger and chips with a beer someone yells out that the cooler needs more ice. Since you only had 1/2 of your beer, and everyone else has been drinking more, you volunteer to go to the store.

By the time you get out of the pool, dry off, and grab your keys to run up to the corner store about 30 minutes has passed. You drive up the road a bit, grab a bag of ice out of the store's cooler, and head back to the party. About a block away from your friend's house, you are stopped by an Arlington Police Officer working the Drink, Drive, Go To Jail campaign.

Since you did have 1/2 a beer about 45 minutes okay, you have have the smell of alcohol on your breath. Despite not being intoxicated, under the stated purpose of this DWI campaign, you are going to jail for DWI.

As a result, you now find yourself having to pay to bond out of jail, pay to get your vehicle out of the impound lot, plus you are going to need an Arlington DWI Lawyer.

While few would argue that it's a good idea to have intoxicated driver's on our roads, many should be arguing against a campaign that allows our law enforcement officers to work on a campaign that ignores the written law in Texas when it comes to DWI.

In Texas it is a crime to drive and be "intoxicated," which means that the driver is either a) over the legal blood alcohol limit or b) has lost the use of his/her normal and physical faculties.

No where in the Texas Penal Code does it list "Drink, Drive, Go to Jail" as a crime, and for that reason, DPS needs to rename their campaign to correctly state the law.

If you have been arrested for drinking and driving in Arlington, or the surrounding area, and would like to speak with an Arlington, Texas DWI / DUI lawyer, please do not hesitate to contact our law firm at (817) 717-6847 or use our Contact Form.

Categories: Arlington DWI Lawyer Post, Tarrant County, Texas, Drink Drive Go to Jail Campaign Problems

Date: September 2, 2010