TEXAS DRIVING WHILE INTOXICATED
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IF YOU HAVE BEEN ARRESTED
FOR DRIVING WHILE INTOXICATED
YOU ARE GOING TO HAVE MANY QUESTIONS
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 How
will this arrest affect my job
and how will this look to my family
and
friends?
Did I
do the right thing by refusing
the breath test? Should I have
refused
all the tests or asked for a
blood test?
How do
I look on the video?
I told
the officer I had four drinks.
Does that mean I was intoxicated?
What is
an Administrative License
Revocation Hearing?
Did the
officer have the right to pull
me over? |
Am I
going to lose my driver's
license, I need to drive to work?
What is
an Occupational Driver's
License?
Am I
going to have to pay DWI
Surcharges?
The
officer seemed like he wanted
to arrest me from the beginning
and he
didn't read me my rights?
What
does probation mean? Am I
eligible?
If I
take this case to trial what are
my chances of winning?
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These are excellent questions to discuss with a lawyer. Each case is
different and a lawyer will look at the specific facts of your case to make an
assessment. In Texas, a person commits the offense of Driving While Intoxicated
if the person is intoxicated while operating a motor vehicle in a public place.
The term "intoxicated" is defined as not having the normal use of your mental or
physical faculties by reason of the introduction of alcohol or any other
substance into your body or having an alcohol concentration of 0.08 or more. A
first time offense is a class B misdemeanor. Harsher penalties are provided for
repeat offenders or drivers with children in the vehicle at the time of the
offense.
The first thing you should know is that a skilled criminal defense lawyer can
help you get through this process and answer your questions. If you are
anxious because you have never been through anything like this before, just know
that your anxiety is normal. DWI is a serious crime and you are going to need
the advice of a lawyer who can help move your case in the right direction. The
first step in the process is hiring the right lawyer.
You need to know your rights and how to exercise those rights. You may
choose to position your case by challenging the officer during a pre-trial hearing. Your lawyer will want to discover the officer's reasons for stopping
your car. The officer needs a reasonable suspicion to stop you before anything
further takes place. If the officer did not make a valid stop, the evidence against you may be suppressed. Similarly, care must be given to any statements you or
the officer may have made to see if these statements might be subject to
exclusion. DWI is a crime of opinion. When the officer does not have a reasonable belief that you were intoxicated, the court could terminate the case at a pre-trial hearing. Your defense lawyer needs to examine the officer's conduct to ensure that your rights are protected.
More DWI cases go to trial than just about any other type of criminal case.
The reason for this is that the police are often mistaken in their observations
of signs of intoxication. Their job is to make quick decisions on the side of
the road. These decisions can be reviewed by a judge or jury. A police
officer's mistaken belief that you are intoxicated does not mean you are guilty.
You have the right to question the officer's arrest and you are frequently
better
off challenging the arrest than agreeing to a prosecutor's plea bargain.
By retaining an attorney today, you will be aware of your
rights! Police reports, breath test results, and video tape will be reviewed in
an effort to uncover possible defenses that you may not be aware of.
David B.
Frank - Attorney At Law
The Penthouse Condominiums
1212 Guadalupe Street, Suite 103
Austin, Texas 78701
512 - 499 - 0969 Office
512 - 499 - 8220 Fax
FOR IMMEDIATE JAIL RELEASE
CALL 512-494-8506 or 1-800-490-2192
David Frank Criminal DWI Criminal Defense Trial Attorney in Austin, Texas handling Drunk Driving (DWI) and Driving Under The Influence (DUI) in the state
of Texas. Travis County, Williamson County, Hays County and Bastrop County. Austin, Georgetown, Manor, Round Rock, Cedar Park, San Marcos, Bastrop, Central Texas areas.
"Board Certified in Criminal Law by the Texas Board of Legal Specialization"
 NHTSA Certified Standard Field Sobriety Test Practitioner
Reproduction of any material on this site without written permission is strictly prohibited.
© Copyright 2002-2008 David
B. Frank, Attorney at Law. All Rights Reserved.
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