Houston DWI Lawyer | DWI Defense in Houston, TX

As a Houston Theft Lawyer one of he first things that I tell someone that has been arrested for theft or shoplifting is that  these charges are considered to be crimes of moral turpitude.  Moral turpitude is a legal term of art with no generally accepted definition. In general, "crimes of moral turpitude" cover conduct involving dishonesty, These type of crimes can cause serious immigration consequences, impact professional licenses, or prevent employment.  Thus, it is of utmost importance not to be convicted of a theft or shoplifting case.  Almost daily I get a phone call from someone that decided to take the easier route of just paying fine instead of attempting to successfully complete a deferred adjudication.  While this may have seemed to have been a good idea when someone was a teenager they ultimately regret the decision a few years down the road when they attempt to start a career only to find out that everyone is now labeling them a thief.

If you need assistance with your theft case contact our firm at (713) 242-1779 or (800) 724-1876 for a free consultation.

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The short answer is there is virtually  no difference between DWI and DUI in Texas. Both  DUi and DWI are terms that refer to operating a motor vehicle while losing the normal use of your mental or physical faculties.  The biggest difference between the two is only in what the letters stand for. DWI is an acronym for driving while intoxicated and DUI stands for driving under the influence of a known or unknown drug.

In some states, the drunk driving laws differentiate between a DUI and a DWI, where a DUI is a lesser charge. In these states, a DUI usually signifies a lesser degree of intoxication, which is determined by a person’s blood alcohol level at the time of arrest.  For example, the state of New York differentiates between DWI and DUI by establishing a blood alcohol level of .08 as the legal limit for DWI. If a person has a blood alcohol level of .07, the charges may be reduced to a DUI, which carries a lesser punishment.

In Texas like most states throughout the country that have developed a zero policy, consequently, they do not recognize any difference between a DUI and a DWI.  As far as the law is concerned, any blood alcohol level over the specified minimum (.08) is a crime that will be punished in the same manner. In some states, the terms DUI and DWI are used to indicate whether a person was driving impaired under the influence of drugs or alcohol. In those states DUI is reserved for illegal or legal drugs.

Also, there is no such crime as drunk driving in Texas.  For most people this is intoxicated, but the State goes to great lengths to try to deceive a prospective juror that this  is not the case despite common sense telling us otherwise.

If you need any assistance with your drunk driving case in Harris, County, Texas please contact our law firm at (713) 242-1779 or visit our website at www.dwiattorneysinhouston.com.

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Since I have not worked much in Judge Herb Ritchie (337Th District Court) or David Mendoza (178Th District Court) I have not written much about their courts.  The one thing that both of them have done is taken the lawyers out of their courtrooms except for pleas.  I have not asked them why they have done this, but I suspect it is due to the graphic facts that we sometimes have to discuss in court.  For those of us that have been doing criminal defens in Houston work for a long time we find it easy discussing these facts, and the discussions while professional can be graphic and offensive to the casual observer seated in the audience.  For now, cases will be discussed in the jury room in Judge Richie's court and in the vestibule in Judge Mendoza's court.

If you need assistance with a criminal case in Houston, Harris County, Texas please contact our law firm at (713) 242-1779 or visit our website at www.mmalaw.com.  You will find our fees to be affordable.

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A DWI in Houston, Harris County, Texas is a traumatic experience for anyone.  Typically, it happens late at night, the accused is not prepared to get arrested, and even if you are innocent your drivers license may still be suspended.  As I have mentioned before, the consequences of a DWI are severe.  I can not think of a state worse than Arizona when in comes to how it treats those arrested for DWI.  Could you imagine living in the state of Arizona where a person goes to jail for their first DWI conviction?   The law does not care who you are in the state of Arizona.  Charles Barkley, NBA Hall of Famer, will vouch for that since he is set to serve at least 5 days in jail for his first DWI conviction.

If you need assistance with your DWI case in Houston, Harris County, Texas please contact our law firm at (713) 242-1779 or visit our website at www.dwiattorneysinhouston.com.

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Since this is a daily question in my practice as crimianl defense attorney in Houston I wanted to give more details about  Motion for Non Disclosures.

In Texas, employers, and most landlords investigate your criminal record. Despite a deferred adjudication not being a conviction landlords and employers generally treat it the same  as a conviction. That means that people are often unable to rent apartments or get jobs because of the deferred adjudication on their criminal records.

When I started practicing law a deferred adjudication remained on a person's criminal record forever.  Luckily, in 2003 the Texas state legislature changed the law concerning deferred adjudication records.

Today, a person who has successfully completed a deferred adjudication probation for a class B misdemeanor, a class A misdemeanor, or a felony, may (depending on the offense committed) be able to ask the judge of the court of original jurisdiction that put him on deferred to sign an "order of nondisclosure" barring governmental agencies from disclosing the existence of the charge or the deferred adjudication sentence.

For most misdemeanors, the defendant can petition for the order of nondisclosure immediately after the deferred adjudication is successfully completed and the case is dismissed. For others, a defendant must wait five years after the deferred adjudication is completed and the case is dismissed to file for an order of nondisclosure.  For felonies, the wait is five years after the deferred adjudication is completed and the case is dismissed. Some offenses cannot be sealed with an order of nondisclosure.

Most importantly, a person may deny the occurrence of the arrest and prosecution unless the information is being used against him in a subsequent criminal proceeding.

If you received deferred adjudication, but did not successfully complete it, you will not be eligible for a motion for non disclosure. If you receive "straight probation", you are convicted of the crime with which you are charged, and become ineligible for a motion for non disclosure.

If you need assistance with clearing your record in Houston, Harris County, Texas please contact our law firm at (713) 242-1779 or visit our website at www.mmalaw.com.

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As a Houston DWI Attorney I dislike having to break it to people all the costs that are associated with a DWI. Most people know the consequences of a DWI conviction.  There is jail, fines, and the revocation of driving privileges.  The costs of a DWI conviction can range from losing your freedom, to losing your hard earned money, to the very right to travel outside the United States of America.

Texas legislators have found that someone convicted of DWI is an easy target.   For example, in Texas there are mandatory conditions for a DWI conviction.  Two examples include, DWI School as well as a Victim Impact Panel. The Victim Impact Panel is a humbling meeting for the accused, made up of Mothers Against Drunk Drivers members who convey harrowing stories of DWI victims.  In other instances the Ignition Interlock Device is required and community service will also be involved.

There are many costs associated with a DWI.  There are attorney fees, fines, court fees, mandatory surcharges imposed by DPS, potential civil suits, electronic home monitoring, time lost from work, programs and community service, license reinstatement fees, Interlock device, alcohol treatment, insurance premium rates rising, towing and storage fees. A conservative estimate would easily put the costs in the neighborhood of $10,000.

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There are other consequences of a DWI conviction which involve more than money. Many automobile rental agencies will refuse your business. If you are convicted, you may not be able to obtain life insurance at any price. Likewise, many health insurance companies will charge you an extra premium, or deny you coverage. A  conviction may restrict you from traveling to some countries. Most countries only exclude you for a felony, but some, like Canada, treat all criminal convictions, including DWI as a basis for exclusion from the country.

If you have any questions regarding a DWI please contact our law firm.  We offer free consultations.

If you need assistance with your DWI case please contact our law firm at (713) 242-1779 or click here to visit our website.

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I enjoy gathering as much information as I can before making a decision.  For example, if I am going to buy a new television for my home I check cnet, Amazon, and read every review about the TV to narrow my choice.  Since I use these type of websites frequently before making a decision I feel obligated to contribute to Avvo, a free legal website, that provides legal assistance on various legal topics to the public.    Avvo allows a person to post a question while attorneys take the time to respond.  Additionally, it has created a system that rates every attorney across the country for people to review.

A word of caution...I find it troublesome that Avvo does not restrict lawyers to the jurisdictions that they are either licensed in or their respective area of practice before giving an opinion.  I would be very wary of a Washington lawyer commenting about legal issues in Texas.

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 It has been some time since Texas lawyers were not allowed to advertise.  Traditionally, there are several ways that lawyers have marketed themselves such as direct advertising, commercials, and billboards.  Today, more progressive attorneys have moved to the Internet.  A Los Angeles criminal attorney, Allison Margolin, markets herself via youtube as "LA's Dopest Attorney."  I suspect based on Ms. Margolin's credentials she is doing well.

  It is a shame that Big Moe passed away in 2007 perhaps I could have enticed him to shoot a video with me in the "Syrup City."  I wonder what the State Bar of Texas would say to this form of advertising? If you need assistance with a drug case in Houston, Harris County, Texas please contact our law firm at (713) 242-1779 or visit our website at www.mmalaw.com.

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I have discussed steroid use in baseball a lot with my friends.  It has been an issue with us for most of this decade if not earlier.  Today, the current saga involving Alex Rodriguez,, Miguel Tejada, Roger Clemens, Barry Bonds, and Mark McGwire should be a lesson to those that are considering  talking to the Government without consulting with an attorney beforehand.  If you notice the ones that did not to speak to Congress or asserted their 5th Amendment privilege like Mark McGwire are not facing criminal charges.  Similarly, Alex Rodriguez told Katie Couric he never used steroid.  Of course, today we know the truth about Rodriguez, but he is not facing criminal charges.  On the other hand, Miguel Tejada has been convicted of misleading Congress.  Ironically, Tejada was not convicted for lying about his own steroid use, but for not disclosing a teammate's use. The same prosecutors that got Tejada are pursuing perjury charges against Roger Clemens.   In the case of Barry Bonds one of the numerous charges against him is that he told a grand jury that he had not been injected by anyone other then his doctors not that he has never used steroids.

What has happened to these famous, wealthy, and iconic players should serve as an example to anyone that is considering talking to the Government.  Despite all their fame and millions of dollars they did not escape the tentacles of the Government .  Thus, consult a criminal defense attorney before you make the same mistake.

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I have had several appearances this year in the 177Th District Court where Judge Kevin Fine is now the presiding judge.  I have noticed a refreshing change from the bench.  Judge Fine is really encouraging everyone who is fighting a drug problem to seek treatment for their addiction.  Most importantly, he has told me that he is an avid fan of early termination for people that elect community supervision.  Of course, the person must be doing well and have reached the required time to be eligible for early termination.  This benefits someone tremendously because the clock starts ticking to qualify for a motion for non disclosure if they received deferred adjudication.  Hopefully, this will be an ongoing trend in Harris County, Texas since I have found it onerous to get someone early terminated in the past.

I hope that Judge Fine continues his innovative thinking and maverick personality during his judicial tenture.

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When a client comes into my office I stress to them that they are presumed to be innocent.  I emphasize this because we are lucky enough to live in a country where that is the law.  Thus, I find it difficult to explain to my clients why a judge would order them to get an ignition interlock device for the vehicle if this is the case.   Frankly, I agree with them.  I understand if they have a previous conviction for DWI because the judge is required to order them to get the device.  Thus, we prepare them for this when they have multiple offense for DWI, have a high breath test, under the age of 21, or they were involved in an accident, but outside of these reasons they should not be required to bear the expense of this device.  Hopefully, the judges will start reevaluating this procedure during these stressful times.

If you need assistance with your DWI case please contact our law firm at (713) 242-1779 or visit our website at www.dwiattorneysinhouston.com.

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Last week while I was getting ready for work I listened to the song, "She Talks to Angels" by the Black Crowes.  For those of you who are not familiar with the Black Crowes, they are a blues rock band who came to fame in the early 90s. Their lead singer, Chris Robinson, was married to Kate Hudson, Goldie Hawn's daughter.

This song always bring back memories. The first memory is of an old friend from college, Bill. But I can't think of Bill without thinking of Mary a client who I met about 15 years after Bill.

I worked with Bill at the Blackeyed Pea. We worked together waiting tables at the University of Houston location. I was a freshman and Bill was a 42 year old from New Orleans who used to work doubles almost every day to pay for his vices, drinking and gambling. I was 18 and working my way through school and often worked doubles myself, so we developed a friendship.

After work we used to frequent local watering holes. There was a dive across the street from the law school that we spent a lot of time at.  We'd play pool and have a couple of pitchers of beer. The bar had a jukebox.  I would always put in a dollar to listen to music and I always included "She Talks to Angels" in my mix of songs.

I went on to law school and later the Galveston DA's office before starting my private practice. I am not sure what became of Bill. I met Mary some years later. I represented her in Harris County Criminal Court at Law #12, Judge Robin Brown. Mary was charged with a Class A Misdemeanor of Assault. There was going to be no plea bargain with Mary. It was either trial or dismissal.

It had become personal for her. She got in a fight with another woman in her trailer park and since she got the better end of the fight, she was charged. The fight was over music. When I asked her how music could lead to a fight, she explained to me that a particular song always reminded her of her old man. She was drinking and upset  because he had left her and was listening to this song. A friend of her's came into her trailer and jokingly began picking on her by turning off her stereo. Mary warned her that if she did it again she was going to be sorry. Well guess what? She was sorry. Mary popped her and the fight ensued with Mary throwing her friend out of the trailer, who in turn called the police.

When I asked Mary what song was so important to fight over, she told me it was "She Talks to Angels" by the Black Crowes. Not only that, it was the rare acoustic version. I knew exactly where Mary was coming from. Mary turned out alright, at least in regards to this case. It was dismissed when the State was unable to locate her friend.

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There are many ways that the Internet helps our lives.  Despite all the benefits that the Internet provides there is constant worry that the Internet is going to intrude into our private lives.  Perhaps, the day of working cameras at every corner like in the film Enemy of the State will be here before we know it.  Evidence of the "Internet Police" was shown recently when google earth assisted a Swiss police agency to find a field of marijuana.  Be careful Robert ... Brill is still watching you!

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