Posted on October 26, 2011 by Herman Martinez

Frequently Asked Questions about Texas DWI

 

 Texas DWI Laws are vigorously enforced and the local police departments as well as the prosecutors are tough on people who drink and drive. The allowed legal limit of alcohol content in Texas is less than 0.08%. Anyone having an alcohol concentration of 0.08 or more may be charged with DWI.

When it comes to dealing with a DWI charge in Texas, a lot of issues have to be looked at. Some common questions concerning Texas DWI laws have been answered below:

What is the difference between DUI and DWI in Texas?

According to Texas, DWI or Driving While Intoxicated not only refers to intoxication by alcohol, but it also includes intoxication through other drugs and controlled substances or their combination. On the other hand, DUI or Driving Under the Influence is a term which is used for offenses that involve minors. This means that anyone under the age of twenty-one operating a vehicle in public place under the influence of alcohol or any other controlled substance or drug may be charged with DUI.

What should you do if you have been stopped by the police as a drunk driving suspect?

First of all, if you have been driving after having a couple of drinks and the police stops you to ask questions regarding drinking, do not panic. The officer will initially ask you to provide your drivers license and valid insurance when stopped, and you should know where to find them when you are driving. The officer will then try to engage you in a conversation to see if you are okay to drive. If you have had a drink or two before driving, and the officer smells alcohol on your breath, he will most likely ask you if you have been drinking and how many drinks have you had. Informing the officer that you have had one or two drinks is alright. While answering questions, make sure you stay focused, courteous and respectful at all times.

As an American citizen, you have the right to drink responsibly, and if the conversation goes smoothly, you do not have anything to worry about. However, it is important that you listen to the questions asked by the police officer and answer them accordingly.

What signs of intoxication will the police officer look for?

When someone is stopped on the roadside for signs of intoxication, the police officers try to look for symptoms of impairment. These symptoms include signs like flushed face, bloodshot or red, watery eyes, slurred speech, fumbling around when trying to look for the license, failure to comprehend and answer the officer’s questions properly etc. If the officer identifies any of these symptoms, he will ask you to step out of the vehicle to see other signs of intoxication such as being unsteady on your feet, swaying while standing and leaning against the car for support.  Please keep in mind that not all of these signs are recognized signs of intoxication and may be clues of other things like being tired from a long day or allergies.

Should you contact your attorney when you are stopped for a DWI investigation?

If you are a Texas resident, you should know that Texas law does not provide the right to an attorney initially to persons stopped for DWI. In fact, the right to speak to an attorney is not entitled to any person stopped and investigated for DWI until the initial investigation on the street is complete and you are taken to jail. Nevertheless, nothing stops someone from call a DWI lawyer while being stopped by a police officer.

What should you do if you are asked to submit to FSTs or a blood, breath or urine test?

As a DWI suspect, you have to know that the police will want to make their case against you stronger, and they will ask you to submit to Field Sobriety Tests, breath or blood tests. Taking the Field Sobriety Tests is not a good idea as they are designed in such a way that even people that have not been drinking can end up failing them. You can respectfully decline if the officer asks you to submit Field Sobriety Tests.

You also do not need to submit to any road side breath tests as the machines used at the roadside are unreliable, inaccurate, and inadmissible in a court of law to prove intoxication.

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Posted on October 8, 2011 by Mario Madrid

Texas DWI Surcharge

 A common question I get as a Houston DWI Attorney is, what are surcharges and will I owe any? In Texas surcharges were established as part of the The Driver Responsibility Program which is governed by Texas Transportation Code, Chapter 708, which set up a system to assess surcharges based on certain traffic offenses that have occurred on or after September 1, 2003.

A surcharge is an administrative fee that is charged to a driver based on the convictions reported to the driver record. There are two criteria that determine if a surcharge will be assessed, they are the point system (bases on the number of traffic violations) and Conviction Based surcharges (which include DWI convictions.)

It is important to note that surcharges are in addition to all other reinstatement fees required for other administrative actions and do not replace any administrative suspension, revocation, disqualification or cancellation action that results from these same convictions. The bottom line is the State uses DWI to raise money and will get yours if you are convicted and care to ever get you license back. Drivers convicted of DWI face the following surcharges. For a first time DWI conviction  the surcharge is $1,0000 for 3 years. A subsequent conviction is $1,500 for 3 years. A DWI with a blood alcohol concentration of 0.16 is $2,000 for 3 years.  

An arrest for DWI is an expensive proposition. A conviction for a DWI is even more expensive. If you or someone you know is need of a Houston DWI Lawyer, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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Posted on October 7, 2011 by Mario Madrid

DWI for Woman Previosly Convitcted Of Intoxication Manslaughter

A Houston area woman, Elena Fuentes, who is serving a 10 year probation for intoxication manslaughter has been charged with a DWI. The case demonstrates is a good demonstration of the different DWI laws in Texas. As to the previous case, the woman was convicted of the intoxication manslaughter after her 4 year old daughter was killed in an automobile accident. In that case Fuentes' blood alcohol level was reportedly three times the legal limit at .24. Intoxication manslaughter is a Second Degree Felony that carries a range of punishment of 2-20 years in prison.

A DWI is a class B misdemeanor. A DWI with a prior DWI conviction is a Class A Misdemeanor. A DWI with a prior Intoxication Manslaughter is a Third Degree Felony with a range of punishment from 2-10 years in prison. Because of her prior case, instead of facing a Misdemeanor, Fuentes faces a Felony DWI.

If you are someone you know is in need of the services of aHouston DWI Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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Posted on October 6, 2011 by Mario Madrid

Texas Legislative Changes In Sex Crimes

This past legislature brought three important changes in sex crimes defense. Under the Code of Criminal Procedure a court may now order to an alleged victim of sexual assault of any age, regardless of whether or not there is the threat of further harm by the alleged offender.

In regards to punishment, in Penal Code Section 12.42 a second or subsequent conviction for aggravated sexual assault or a conviction for aggravated sexual assault following a conviction for aggravated assault is now punishable by life imprisonment without parole.

A welcome change involves sexual offender registration. A defendant convicted of Indecency with a Child or Sexual Assault need not register as a sex offender if the victim or intended victim was at least 15 years old, the defendant was not more than 4 years older than the victim or intended victim, and the defendant is not a threat to public safety.

I have represented many people charged with sexual offenses and it is always important to keep up with the changes in law. If you or someone you know is in need of the services of a Houston Sexual Assault Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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Posted on October 4, 2011 by Mario Madrid

Texas Man Convicted of Murder Freed

Michael Morton spent 25 years in before new evidence forced Texas prosecutors to agree on Monday to release him from prison for beating his wife to death —a crime that he maintained he never committed, after DNA tests showed another man was responsible.

The Innocence Project  has claimed in court documents that John Bradley, the District Attorney of Williamson County since 2001, suppressed evidence that strengthened Morton's case during the DNA proceedings. That evidence — including a transcript of a police interview indicating that Morton's son said the attacker was not his father — was ultimately obtained by the Innocence Project through a request under the Texas Public Information Act.

Tests performed on a blood-stained, blue bandanna found shortly after the crime near Morton's home revealed DNA from Morton's wife and an unidentified man convicted in multiple states, including California. According to news reports DNA techniques not available during the original trial but now available, helped link the DNA to a possible serial killer who committed other murders in the Austin area in the 1980s.

The case demonstrates the importance in the advances in forensic science that can help lead to the defense of those charged with violent crimes such as  murder, aggravated assault and sexual assault. If you or someone you know is need of the services of a Houston Criminal Defense Attorney experienced in defending violent crime cases, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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Posted on October 3, 2011 by Mario Madrid

Texas Internet Crimes

Technology has changed the way we live our lives and the Texas State Legislature has enacted laws to keep up with rapid developments that overflow into the criminal defense arena.

We have all heard of the stories of teenagers creating Facebook pages of their classmates and posted insulting pictures and comments in an attempt to humiliate them. Penal Code Section 33.07, the Online Harassment statute,was amended to include online harassment committed not only on commercial social networking sites but also on other Internet websites like Craigslist.

Another statute addresses  the practice of sexting. Penal Code Section 43.261 was enacted to outlaw sexting, sending sexually explicit photos of minors over the internet, cell phones or similar devices.

Internet crimes can are serious and can result in severe penalties especially internet crimes involving child pornography. If you or someone you know is in need of the services of a Houston Internet Crimes Attorney or Child Pornography Lawyer, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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Posted on October 3, 2011 by Mario Madrid

Changes in DWI Laws

Every two years the Texas Legislature meets in Austin to go about the business of governing the state. Aside from budgetary concerns and political grandstanding there are always significant changes in the Penal Code and Code of Criminal Procedure.

Of the many changes this year there are some key changes in the are of DWI law. Penal Code Section 49.09 was amended to make a DWI that leaves a person in a persistent vegetative state a second degree felony.

Additionally Penal Code Section 49.04 was amended to provide that if a person's blood, breath or urine showed a alcohol concentration level of 0.15% or more when the analysis was performed, the offense is a Class A misdemeanor rather than a Class B misdemeanor,

Also, Transportation Code Section 724.015 was amended to require an officer to inform a suspect that a refusal to give a blood or breath specimen may result in the officer applying for a warrant authorizing the taking of a specimen.

These are changes that will effect many cases raising the possible level of punishment and requiring that DWI attorneys keep up with the law to properly defend their clients.

If you are someone you know if need of the legal services of a Houston DWI Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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Posted on July 26, 2011 by Herman Martinez

Consequences of Missing Your DWI Court Date

 If you have been arrested for DUI / DWI in Houston, you are probably feeling tremendous stress, fear, and embarrassment. It is likely you just want the situation to go away, and with good reason as it is mentally traumatic to be labeled a criminal and to have to face a prosecutor and judge who will decide your fate.

Unfortunately, there are people who can not handle the stress of a drunk driving charge and decide to flee the situation and not appear for court, hoping they can avoid any jail time or other penalties. The judicial system has established penalties specifically for these types of situations, and you may be well advised to know what you may face if you run.

Missing Court Dates

Hiring a DWI lawyer with the experience of helping people lessen their penalties and fines should always be the first and most logical step for any one arrested for DWI. People need as much help as they can get in a situation like this and an experienced attorney is money well spent.

Regardless, your attorney will not be able to handle everything without you being present for court dates. If you were arrested for DWI, then you must be present for every single court proceeding, whether you have a lawyer or not unless your attorney gets the court to waive your appearance which is not done with regularity in Harris County, Texas.

If you do not appear for your court date, the judge hearing your case will revoke your bond and issue a warrant for your arrest.  It does not matter why you missed court. The good news is that it may be possible to have your case reinstated with or without costs.  You may also make a non arrest bond in order to avoid being picked up by local law enforcement. However, the best course of action is to comply with the court's requests and appear in court as instructed.

The Consequences of Failing To Appear  Becoming a Fugitive

Most Courts are very serious about punishing DWI offenders. For this reason, missing one or more court dates carry strong consequences to drive home the point that this is no small matter and must be taken seriously. A person can be found in contempt of court and receive a large fine. Alternatively, a high bail may be set, which you cannot afford. In this case, you would stay in jail for as long as it takes your charges to be disposed. Finally, if you are arrested outside of the state that has issued the warrant, then you may face extradition. Extradition can be a very long process that will again leave you incarcerated for an extended period of time until you have been transferred to the warrant issuing state and had a hearing in that state to have that warrant lifted.

The bottom line is that anyone who has been arrested for a DWI should immediately seek out a professional drunk driving  attorney. The court system and the ensuing penalties can be overwhelming to a person unfamiliar with the law. Getting a qualified attorney on your side and following their instructions throughout your entire DWI process will put you in the best possible position to reduce your penalties and make sure that you are in compliance with all of the court's requests.

If you need the help of a DWI Attorney in Houston, Texas please call me at (713) 242-1779.

 

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Posted on May 6, 2011 by Herman Martinez

Thanks For Trusting Me

Typically, when someone is accused of committing a misdemeanor crime while they are on bond for a separate misdemeanor their bond on the new case gets set at $5,000.  Additionally, most Harris County, Texas misdemeanor judges also raise the bond on the new case to the same amount.  Knowing this ahead of time allows someone that is going to court to make a non arrest bond so they do not go put back into custody.  However, some courts wait until the defendant appears in court for the new case to raise the bond on the new case to $5,000.  In these circumstances the defendant has two choices.  They may contact their bonding company to make them aware that they will be needing their services once again for the raising of the bond at court.  In this instance the bonding company accompanies the defendant to court so that they are not taken into custody to be processed.  The second and less frequently used method is to take the anticipated bond ($5,000)  with them to make the bond.  This alleviates the necessity to hire a bondsman.  Please keep in mind that when a cash bond is posted that amount is returned once the case is finished.  Most clients either do not have the $5,000 readily available to them or simply do not trust me or the system when it comes to their hard earned money.  I can not say that I blame them.  However, today, I had a client that did trust that everything would work according to plan with the upfront cash method.  It worked even better then I expected since the judge took my word that the client had the cash bond amount in hand and was ready to make the cash bond.  The only thing we had to do was walk out of the courtroom and head straight over to 49 San Jacinto where bonds are posted.

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Posted on April 25, 2011 by Mario Madrid

Defending Sexual Assault Cases May Get Even Harder

Any accusation of sexual assault, whether it be Aggravated Sexual Assault, Sexual Assault or Indecency with a Child is difficult to face. Often times there is no more evidence than the word of the alleged victim. Although that does not seem like much evidence, a jury is left to ponder, why would someone lie about such a thing?

Although an accused is presumed to be innocent, that presumption seems to fade away once a jury panel hears the charge in a sex case. I have defended numerous clients charged with Sexual Assault and have taken easily over 50 sex cases to trial.From my experience, it is not uncommon to bust a panel in sex cases. That is the term when we are unable to come up with 12 jurors who can be be fair from a panel of over 60 people. Many jurors have their mind made up without a shred of evidence, simply based on the accusation. Its sad but true.

A bill introduced by state Sen. Joan Huffman, R-Houston, could make things a whole lot more difficult in rape cases. The bill, which was tentatively approved by the Senate,  would allow the introduction of testimony about allegations of other sexual assaults to be admitted during the guilt /innocence phase of a trial if a judge, outside the presence of the jury ,hears the evidence and deems it relevant.

In my opinion this would guarantee a conviction for the state. To present extraneous evidence to a jury, even without charging the accused with a crime, is prejudicial and unjust. If the measure passes the uphill battle of sexual assault accusation will get steeper and more difficult.

If you or someone you know is in need of the legal services of a Houston Sex Assault Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

 

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