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Dallas DWI / DUI Defense Attorney

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WARNING: Texas law only provides 15 days to request a hearing to fight against 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.

We can delay, or possibly prevent, this suspension.

One of the biggest mistakes you can make after being arrested for drunk driving in Dallas is taking the matter too lightly or not acting quick enough, because there may be serious consequences that follow a DWI / DUI arrest in Dallas.

When you are facing the possibility of jail time, license suspensions, and high fines, you need an experienced Dallas DWI Lawyer in your corner.

If you have would like to speak with DWI attorney in Dallas, please contact us at (214) 717-5312 or send us a message.

Contact Us Today

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 (214) 717-5312 or send us a message.

In a word...no!

While most people associate a Driving While Intoxicated (DWI) arrest with drinking alcohol, this is not always the case.

An arrest for DWI can be for any type of substance introduced into the body that impairs one's ability to drive. While this covers alcohol, it also includes drugs, such as cocaine and marijuana. Moreover, and often surprising to some, it includes many prescription drugs that are commonly prescribed.

Is the potential punishment for a DWI that does not involve alcohol the same?

Yes, Texas law does not distinguish a DWI by the type of substance that is alleged to have cause the driver's impairment. However, if you are arrested for driving under the influence of cocaine then you might face another charge for possession if any of the prohibited substance is found within your possession.

How do the police tell if you are intoxicated by drugs?

There are two primary methods the arresting officer will use to establish probable cause to arrest you for a DWI where drugs are believed to be the cause of intoxication. The first involves obtaining a blood sample by consent or warrant. The second is during the HGN Field Sobriety Test, and is commonly referred to as the "vertical nystagmus test" or "VGN."

What is vertical nystagmus?

The National Highway Traffic Safety Administration (NHTSA) does not officially list VGN as one of the field sobriety tests; however, it's suggested that the VGN provides a good indicator that the central nervous system is strongly effected. As a result, an officer investigating a DWI where he believes drugs are the cause of impairment will normally say that he obtained a hit on the VGN test, because it's believed by law enforcement that vertical nystagmus can detect depressants, inhalants, and other drugs.

If you have been arrested for a DWI in Dallas, or the surrounding area, and would like to speak with a Dallas, Texas DWI / DUI lawyer, please do not hesitate to contact our law firm at (214) 717-5312 or use our Contact Form.

Categories: Dallas DWI Lawyer Post, Dallas County, Texas, DUI and DWI Arrest with Drugs

Date: October 20, 2010

One thing people are surprised to learn when they are arrested for DWI in Dallas County is that by virtue of accepting a Texas driver's license, they gave consent to provide a sample of their breath or blood if asked to do so by an officer investigating an intoxication offense.

While the arresting officer may be quick to point the above out, they seldom stress that despite the "implied consent" a person still has a right to refuse the test with some exceptions where a warrant may be involved.

What is implied consent? In short, it is a type of consent that is not expressly given by a person.

In reference to DWI arrests, it often becomes an issue when DPS attempts to suspend your driver's license. In essence, by accepting a driver's license you waived your right to refuse to submit to a blood or breath test.

Does this mean you have to give a blood or breath sample?

No, you have a right to refuse a test a blood or breath test.

What happens if you refuse the test?

A refusal will trigger DPS to suspend your driver's license normally 40 days after your arrest. However, most Dallas DWI lawyers will contest this suspension in hopes of delaying it or avoiding the suspension outright. It is important to keep in mind that Texas law provides a very short time period to make this challenge. This is why it is imperative to hire a DWI attorney immediately after your arrest.

Another consideration is that if you do provide a breath or blood sample, and the results are above the legal limit, then DPS will most likely move to suspend your driver's license regardless of whether you provided a specimen for analysis.

If you have been arrested for drinking and driving in Dallas, or the surrounding area, and would like to speak with a Dallas, Texas DWI / DUI lawyer, please do not hesitate to contact our law firm at (214) 717-5312 or use our Contact Form.

Categories: Dallas DWI Lawyer Post, Dallas County, Texas, DUI and DWI Post Arrest

Date: September 15, 2010

If you find yourself arrested for a DWI in Dallas, or any other place in Texas for that matter, it is important to write down all of the details you can remember immediately after you are released from the jail. While we would prefer this be taken literally, we understand that other issues may need attention, so please try to do it within a few days after your DWI arrest.

What should you write down after a DWI arrest?

In short, everything you can remember concerning the events that led to your arrest for DWI. The idea is to start with the beginning of your day until you were released from jail and retrieved your vehicle.

While you may not remember everything, and that's fine, here are some things to consider documenting:

1) What you were doing earlier in the day;

2) What you had to eat that day;

3) The times you ate that day;

4) Where you were prior to being arrested;

5) The persons you were with prior to your arrest;

6) The roads you were traveling prior to your DWI arrest;

7) The names of any witnesses, such as the people around you during your DWI arrest, the arresting police officer(s), jailers, any credible persons also jailed with you;

8) Medications you are/were taking;

9) Note any receipts in your possession (i.e. bar tabs); and

10) Anything else you feel is relevant.

While the above is not an exhaustive list, it should give you an idea of what type of information to write down. Again, if you do not remember something that is fine...just do the best you can.

Why do this?

The reason for putting the events to paper so quickly is that you will be able to recall more detail now than if you wait a week or later to write the information down. When investigating your DWI case this information is important to us when we review other sources of information during the investigation and constructing your DWI defense. Of note, regardless of whether you feel the information is good or bad, you need to let your DWI lawyer know.

Also, our view is that there no such thing as too much information. It is always better to put something aside than to find out after the fact that a piece of information existed that could have helped in defending our client's DWI.

If you have been arrested for drinking and driving in Dallas, or the surrounding area, and would like to speak with a Dallas, Texas DWI / DUI lawyer, please do not hesitate to contact our law firm at (214) 717-5312 or use our Contact Form.

Categories: Dallas DWI Lawyer Post, Dallas County, Texas, DUI and DWI Post Arrest

Date: September 12, 2010

Some people do not realize that they are being recorded when stopped and arrested for suspicion of drunk driving in Dallas (this also applies in most places in Texas).

DWI video tapes have been the saving grace of many of our clients; however, they can also be the downfall.

Here are a few tips to remember when stopped and arrested for a DWI / DUI in Dallas:

Remember to be on your best behavior and remain polite throughout the entire process (from the initial stop to the jail), because odds are that everything you say and do will be recorded visually, by audio, or both at various times throughout the process.

Dallas DWI lawyers will agree that they want their client looking good on the video. While undesirable behavior may be overcome, it's best to avoid it in the first place.

The DWI Roadside Investigation

In many cases, the video tape can be of great help to our client's case, especially when it shows that our client maintained good balance and had their wits together. However, it can also be their downfall.

One place to be especially mindful that you are probably being taped via audio is when you are alone in the police car. Most officers have two mic systems on them. The first is the one you see them wearing on the side of their uniform, but the second is actually in the squad car.

From time to time we'll be viewing a client's DWI video where he or she looks great on the street and is polite when speaking with the officer, but after the client is placed in the patrol car they flat out lose it. The two things we see quite often are clients that starts making admissions to themselves, such as "I knew I had too much to drink" or they begin yelling in the police car. Just keep a cool head at all times.

The Ride to the Police Station or Dallas County Jail

Again, it is critical to keep from making admissions against yourself while you are being driven to jail. Police officers are trained to elicit information from you, and often they will start asking you questions during the ride. For example, you might be asked if you feel you have a drinking problem. The point is to remain polite, but don't answer any questions.

The Jail

You will normally be taken into a DWI interview room for a final DWI interrogation, plus you may be offered to repeat the field sobriety tests you probably you already did on the side of the road. In almost all situations, you will be asked to submit a specimen of your breath (some cases blood).

Also, an officer will normally ask you a series of questions concerning that may or may not seem related to your DWI charge. For example, you may be asked when was the last time you slept, how much have you had to drink, and questions about your food intake. Again, you can refuse to answer these questions, because these questions are designed to gain evidence to be used against you at a later date.

If you have been arrested for drinking and driving in Dallas, or the surrounding area, and would like to speak with a Dallas, Texas DWI / DUI lawyer, please do not hesitate to contact our law firm at (214) 717-5312 or use our Contact Form.

Categories: Dallas DWI Lawyer Post, Dallas County, Texas, DUI and DWI Arrest

Date: September 10, 2010

While most people use the terms DWI and DUI interchangeably, there are significant legal distinctions between the two charges in Texas.

Dallas DUI Overview:

A DUI charge is only given to persons under 21 years of age. The focal point of the charge is that a person under 21 years of age was driving a motor vehicle with a detectible amount of alcohol in their system. With a DUI charge the amount of alcohol in the driver's system is irrelevant.

What are the consequences for a DUI in Dallas? While you will be facing a substantial fine with a DUI charge, the main concern is often the license suspension that will accompany a conviction.

Dallas DWI Overview:

In contrast, a DWI can be given to a person regardless of age with the central focus being the driver's blood alcohol level (BAC). The Dallas County prosecutor can attempt to prove you were driving intoxicated by one of two methods. The first is by asserting that your blood alcohol level was above the legal limit of .08, and this is normally the charging method used when a breath or blood sample is available. The second is by arguing that through the induction of alcohol you lost the normal use of your mental and/or physical abilities, and under this theory you could have had a BAC under .08. While the Standardized Field Sobriety Test are given under the pretense of detecting whether the driver's BAC is above or below the .08 mark, most Dallas DWI lawyers agree that the true purpose of these test is to provide evidence against you in a criminal proceeding.

What are the penalties for a DWI in Dallas? The penalties for a DWI vary depending on whether this is your first DWI conviction or not.

With no prior DWI convictions, you will face up to six (6) months in the Dallas County Jail, license suspensions, and a fine up to $2,000. In addition, you will face $3,000 in DPS surcharges. A skilled Dallas DWI lawyer will work to avoid the conviction, and if that is not possible, then the focus shifts to avoiding the higher penalty ranges or achieving a lesser charge if possible.

If you have prior DWI convictions then the penalties increase substantially, and in some cases, give rise to a felony.

For example, a 2nd DWI arrest will be treated as a Class A misdemeanor, which carries a maximum sentence of one year in the Dallas County Jail and a fine not to exceed $4,000. However, if you have had two prior DWI convictions then your 3rd arrest will be treated as a felony with the maximum sentence being up to 10 years in a Texas prison and a fine not to exceed $10,000. You will also face DPS surcharges if convicted of an enhanced DWI charge.

Of note, while Texas makes a distinction between DWI and DUI, many other states refer to a DWI as a DUI. If you were previously convicted of a DUI in another state, and that charge would have been considered a DWI in Texas, then it will be treated as a DWI regardless of what it is called in the other state.

If you have been arrested for drinking and driving in Dallas, or the surrounding area, and would like to speak with a Dallas, Texas DWI / DUI lawyer, please do not hesitate to contact our law firm at (214) 717-5312 or use our Contact Form.

Categories: Dallas DWI Lawyer Post, Dallas County, Texas, DUI and DWI Overview

Date: September 7, 2010