Houston Criminal Law Journal DUI, DWI Lawyer & Attorney : Madrid, Martinez & Associates

Since I have been a Houston DWI lawyer DWI checkpoints have been outlawed in Texas.  That could be changing if a proposed bill becomes law.  These checkpoints allow the police to stop anyone without having probable cause to check for the possibility that the driver is operating a motor vehicle while intoxicated.  The proposed bill is unclear.  For instance, what will be the system in place for stopping  the vehicles, where will the checkpoints be located, and will the checkpoints be publicized like the bill suggests?  Also, surprisingly, the police will not be asking for proof of insurance or a driver's license when they make the stops.

While the United States Supreme Court has found the checkpoints to be constitutional many states have found them to be unconstitutional. Even if the bill passes I am confident that it will be heavily litigated in Texas.

If you have any questions regarding your DWI arrest please call our law firm at (713) 225-1038 or (800) 724-1876 for a free consultation.

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One of my clients recently published her DWI arrest experience.  She wanted to inform the public to know what it is like to get charged with a DWI in Houston.  As her Houston DWI Lawyer she was nice enough to allow me to post it here.  Despite getting her case dismissed she still felt the need to inform the public about what it is like to be arrested for DWI.

One Sunday evening, I joined 98,000 other Texans who share a similar plight.  I was arrested for DWI.

I was at a party hanging around, eating and drinking..  It was that last Shiner Bock that wrecked my life.  The drive home wasn't far, but somewhere along the way a police officer got behind me and thought I wasn't driving "quite right"- not staying completely in my lane.  He pulled me over and asked the usual questions about insurance, and he asked if I had been drinking that night.  I was surprised by that question.  Why would he ask that?  I was driving fine.  I knew that I wasn't drunk.  For some reason, the cop thought I might be.  The next thing I know he has me out of my car and I am doing some tests.  Incredibly to me, I am being arrested.  My car is being towed, I am not given a receipt, or where it would be towed.  I had to beg to be allowed to get my purse before it was towed.  Suddenly, this was all starting to feel quite surreal.  I cannot describe the feelings of humiliation and confused and despair as I sank into the bank seat of that dark police car, my hands locked in metal cuffs behind my back, totally alone, not having a clue what was to happen.  How could this be happening to me?

Arrested?  Going to Jail?  Me?  How could this be happening to me?  I am an upstanding citizen.  I am a good person.  I own a home, a car, I have a college degree and a good job, I go to Church, I walk my dog, once I hammer nails for Habitat for Humanity.  Doesn't the cop see the 100 Club sticker on my rear window?  How could this be happening to me?

If you would like to speak with a Houston DWI Lawyer contact our law firm at (713) 225-1038 or visit our website at www.dwiattorneysinhouston.com.

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As a Houston Criminal Defense Attorney I pay close attention to the national news concerning legalization of marijuana.

Perhaps, it was the way the question was asked, but President Obama was clear that he did not feel that legalizing marijuana would help our economy.  In fact, he was quite flippant with his response for a question that he admitted was asked a lot about by the general public.  This from a President that is an admitted "inhaler" of marijuana.

As most of the responses suggest, you do not need to be a criminal defense attorney to know that the Government is wasting a lot of money prosecuting marijuana cases. 

If you would like to speak to lawyer concerning your drug case contact our law firm at (713) 225-1038 or visit our website at www.mmalaw.com.

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As I was waiting to talk to a judge I was noticing a newly licensed Houston criminal defense attorney take a DWI plea in a misdemeanor court and wondered if their client knew that they will be imposed a surcharge of $1,000 a year for the next three years from DPS for their conviction.  This year I have had clients seeking an occupational license, but were not aware about this surcharge and not realizing that the court will not grant the license unless the fees are paid. A DWI attorney must advise their client of all the consequences.

Most importantly, a person may be arrested for driving with a suspended license if they do not pay the surcharges despite not being told by anyone.   Thus, all misdemeanor judges should take the step and admonish everyone that is before them and going to plea guilty of DWI that a surcharge will be imposed by DPS.

If you are searching for a DWI Attorney in Texas please contact our law firm at (800) 724-1876 or visti our website at  www.mmalaw.com.

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Billy Puckett, the groom that was arrested on his wedding day for DWI in Houston, pled guilty on Friday, on his first court date.  Mr. Puckett received the standard probation for a first time offender, a one year probation, a small fine, and community service.  Curiously, he was also ordered to have an ignition interlock installed in his vehicle.  The interlock device is typically ordered in Houston when someone is convicted of a second DWI, or they provided a breath/alcohol sample above .15.I I wish Mr. Puckett all the best...

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I have heard two different Houston Criminal Defense Attorneys this week trying to negotiate with the prosecutor that deals with crimes against children in Harris County, Texas for a waiver of the sexual registration requirement in an aggravated sexual assault case.  This would be something that every criminal defense attorney in Houston would request except that the prosecutor is not allowed to do such a thing unless they reduce the charges to something that does not require registration.  I noticed the prosecutor completely disrespect the attorney after such a uninformed comment.  Frankly, any attorney that makes such a dimwitted comment subjects themselves to criticism.  I feel for the client that is likely being given bad advice concerning sexual assault registration.

If you would like a free consultation regarding your sexual assault case contact us at (713) 225-1038 or visit our website at http://www.mmalaw.com/Criminal_Defense/Sex_Crimes.aspx.

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As a DWI Attorney in Houston I always thought Utah was a conservative state and these latest proposals do not change my opinion.  A bill in Utah is going to great lengths to eliminate alcohol consumption outside of the home.   The bill requires all restaurant bartenders to make the drinks behind a ten foot wall.  Also, Utah intends to criminalize anyone that looks drunk.  Talk about a slippery slope, today, it is hiding the bartenders next it is banning all alcoholic beverages in a restaurant. 

Here is hoping that Texas does not follow this line of thinking.  I would really miss a drink with my meal.  If you find yourself needing a lawyer for an alcohol related crime please contact our law firm at (713) 225-1038 or visit our website at www.mmalaw.com.

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As a Houston Criminal Defense Attorney I see the consequences of continual drug use.  This picture demonstrates the debilitating effects of drug use. You can clearly see the physical breakdown that  occurs with the abuse of drugs. What you don't see but can imagine is the loss of jobs, relationships and family. The consequences for a criminal drug conviction are serious.

However, there has been a move in recent years in the criminal justice system, away from incarceration to rehabilitation. For example in Harris County the STAR (Success Through Addiction Recovery) Drug Court has been established as an alternative source for drug offenders. The goal is to get addicts out of the revolving door that has become the justice system, off of drugs and onto a productive life.

The line of thinking is that it is more cost efficient and better for the public to get people off of drugs rather than house them year after year with no treatment. The tide of public opinion has turned and the courts and politicians around the country have responded.

But, there are start up costs associated with the funding of drug courts and rehabilitation programs. It is hard to get the taxpayers to agree to pay at anytime and even more so in a recession. I was speaking to one of my best friends last week, Roland Gutierrez, who also happens to be an attorney and a Texas State Legislator about this very issue. He explained to me that these programs are funded in part by the court costs of defendants convicted of drug and alcohol offenses. Fifty dollars of court costs from each conviction are used to pay for the drug courts.

Roland has sponsored legislation,House Bill 579,  that would require court cost from all criminal cases be used for more rehabilitation programs and drug courts. It sounds like a great idea, but there is actually opposition to it from some groups. It seems you can't please everybody. Hopefully when all the negotiating is done, some form of legislation passes that provides for more rehabilitation. It would be nice to have more people living productive lives with their friends and family, rather than wasting away in jail, a burden to taxpayers and their family.

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I just got back from vacation and realized that I am so lucky to know that our client's needs are being taken care of despite my absence.  Let me explain...most criminal defense attorneys in Houston are solo practitioners or have an associate working for them.  When this is the case a client is unable to reach the lawyer they hired when they are away from the office on vacation or in trial.  That is one of the many reasons that I am fortunate to have a business partner like Mario Madrid.  Mario and I have been criminal lawyers for over twelve years.  We meet and discuss every case with our clients.  We handle every case as a team and know all the pertinent facts surrounding our client's cases.  Whenever a client needs one us we are there for them.  If we are not in the office one of assistants will give you our mobile phone so you reach us.  We even answer our phone after normal business hours.

If you, or  a loved one has a criminal matter that you would like to discuss feel free to call our office at (713) 225-1038 or visit our website at www.mmalaw.com. 

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Yo soy un abogado en Houston.  Si udsted necisita un abogado que habla Espanol para casos criminal por favor llamar nuestras oficina gratis (713) 225-1038.  Todos los abogados en nuestra oficina hablan Espanol.  Oprima aqui para nuestra website.

Si udsted tiene un caso de asalto, DWI, robo, o drogas yo tengo la experiencia para ayudar con su caso.

Herman Martinez

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As a criminal defense attorney in Houston,Texas I have appeared on television several times over the years.  So I thought it would be a breeze when we made a few videos for our law firm.  Boy was I wrong.  It is much easier to talk about specific question on television than having to talk about our law firm.  What I thought would take a hour max ended up taking twice the amount of time.   Most interestingly, was that the Spanish videos were the easiest to do.

If you would like to see the finished products take a look at www.mmalaw.com or www.dwiattorneysinhouston.com.

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Anyone that has been to the Harris Criminal Justice knows what a madhouse it is between the 8:30 and 9:00 a.m.  That is why I enjoy that a few courts in the courthouse start earlier then 9 am.  This is beneficial for both my clients and me. It allows me to properly space out my day.  I know that I will be in the earlier starting courts first.  My clients know that I will be going to their court promptly and they are likely to be first ones to leave the courthouse.  Also, they get to avoid most of the chaos that occurs in the morning  There are two misdemeanor courts that start at 8:30 a.m.  These courts are the County Criminal Court at Law #4 where Judge James Anderson presides, and County  Criminal Court at. Law #15 where Jean Hughes presides.  The felony courts that also start at 8:30 are the 262nd District Court where Judge Mike Anderson presides, the 228th District Court where Judge Marc Carter presides, the 232nd District Court where Judge Mary Lou Keel presides, the 183rd District Court where Judge Vanessa Velasquez presides.  Judge Larry Standley who presides over County Criminal Court at Law #6 starts his docket at 9:30. 

If at least one court in each of the floors would adjusts the starting times to before or after 9 am a lot of the difficulties that public encounters in the mornings for court would be alleviated.

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As Houston Criminal Defense Lawyers we get most of our clients via referrals.  I would say over fifty per cent of our clients come from previous clients referring their friend or family members to our law firm.  While fellow attorneys refer us cases I must admit that I prefer one from a former client.  Aside from the obvious benefit of this is that the satisfying feeling we get when hear that a former client speaks highly enough that someone desires our services.  I can assure you that having a former client that was delighted with our representation is one of most gratifying parts of our job.

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For some reason, a lot of people think they could represent themselves in a DWI case.  They quickly change their mind once they have been arrested or go to court for the first time.  A person arrested in Harris County for DWI/DUI will not be offered probation if they are representing themselves.  Also, they do not know how to save their driver's license.  In other instances, they come up with a dimwitted defense that create more problems that they solve. 

Our firm has represented fellow lawyers that have been arrested for DWI, but not practice criminal defense because they understand the seriousness of the offense and all the pitfalls that are associated with this crime.  Thus, if you need help regarding your DWI visit our website at www.mmalaw.com or call us at (800) 724-1876.

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Many of our clients are first time offenders and have typically never been in trouble with law enforcement prior to contacting us for help.  When they arrive at our office the first thing they they normally tell us is how badly they were treated by the police.  They also can not understand why the officer did not take into account their otherwise pristine criminal record.  I often tell them about the different cases that we have defended where we have been amazed at the fact that an arrest had in fact taken place.

A perfect example of the police not making an exception for anyone is the recent  DWI arrest of a groom on his wedding day.  His case landed in Harris County Criminal Court Law #7 where Pam Derbyshire presides. 

Luckily, every person that is charged with a DWI is presumed to be innocent and there are an infinite amount of ways a case may be defended.  Thus, do not be disheartened about your arrest.  All is not lost.  We can help you. Please call our law firm (713) 225-1038 for a free consulation or visit our website at www.dwiattorneysinhouston.com.

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The United Kingdom has realized what Houston DWI Defense Attorneys like myself have always known.  DWI blood tests are not infallible.  In order to combat the trend of losing cases they are considering eliminating blood tests altogether.  Interestingly, in the States police agencies are moving toward making these tests more readily available then in years past.  Regardless, I look forward to winning more battles when it comes to DWI blood test cases. 

If you have any questions regarding your DWI case please contact our law firm at (713) 225-1038 or visit our website at www.dwiattorneysinhouston.com.

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I have been going to Sugarland, Fort Bend County, regularly so I took the time to speak with a colleague who also practices there and he told me that he has experienced a significant rise in his business.  It seems like violent crimes such as aggravated assault, and aggravated robbery have increased throughout Fort Bend County. Typically, when serious crimes like these increase other less serious crimes like Assault, DWI, and Theft also increase.

You will need an experienced defense attorney to fight your criminal case.   Please call our office  at  (800) 724-1876 for a free consultation or visit our website at www.mmalaw.com.

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Despite being a criminal defense attorney in Houston this news does not make me feel any better, but the Detroit Crime lab is experiencing similar issues that Houston's crime lab faced.  Hopefully, Detroit will look to Houston for guidance in trying to clean up a crime lab.

 I wonder what it will take before the general public will view this type of evidence more closely before potentially convicting an innocent person.

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It is always best to read over any document that you sign more then once to completely understand it or at the least least take someone with you that can help you catch something that you may have missed otherwise.  There will always be deceitful companies that try to take advantage of people when they are down and vulnerable.  I experienced this type of underhanded behavior when I was prosecutor.  I had to routinely refuse charges when rental agencies brought charges against the people that had leased furniture from them despite the payments made exceeding full market value, but for one reason or the other could not make their monthly payments any longer.  Similarly, an unscrupulous loan company has a clause in their no interest contracts stating that if all payments are not made the loan turns into a lease at any time.  These people lose all the money that they have paid and could potentially be charged with theft if they keep the property without making the revised payments since the loan/lease company has a greater right of ownership.  While this behavior is deplorable I can see it happening.  Luckily, anyone charged with a crime is PRESUMED to be INNOCENT. 

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I like to refrain from commenting on local criminal cases, but Emilio Navaira's DWI case illustrates several different aspects about a criminal case in Houston that are important to note.  First, since his injuries were severe it showed that the accused needs to be competent to stand trial.  Second, it depicts how long a DWI investigation can last. In this case it was close to a year.  Third, it illustrates how the Harris County District Attorney's Office still may charge Emilio with intoxication assault since other people were injured in the accident. 

Emilio was smart to post a non arrest bond when he was notified that there was a warrant for his arrest. This allowed him to skip being formally arrested and booked into a jail.  Moreover, his bond would have been set around $1,000 because he only has one previous criminal conviction.  However,  he was also charged with his second DWI in Bexar County before this incident raising the bond in this case to $5,000. Also, he signed an affidavit stating that he did not own a vehicle to the Bexar County Court, therefore the reason that he needed to do this is because the law provides that in this situation the accused must install an ignition interlock device in their vehicle.  A person that does not own a vehicle also signs this type of affidavit in Harris County, Texas, but in a lot of courts the person must also get fitted with a scram device. 

On the bright side, while Emilio looks to the non-criminal lawyer to be a third DWI offender under Texas law he is actually still considered to be a second offender  because he has never been convicted of  a second DWI.  This is significant to mention since a third offender would be facing up to ten years in the Texas Department of Corrections instead of one year in a county jail for a second DWI offense.

Mr. Navaira's case will be heard in the Harris County Criminal Court at Law #11 where Judge Diane Bull presides. 

If you need assistance with your DWI case please contact our law firm at (713) 225-1038 or visit our website at www.dwiattorneysinhouston.com.

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Recently, one of my Fort Bend County clients that is a first time DWI offender could not believe that this is possible or that anyone could put themselves in the position to go to prison for life.  Since DWI is an escalating crime it can happen.  The most common way occurs is when a person has had two prior DWI convictions and has gone to prison on two separate occasions for any crime.   Another way is if the person has two prior DWI convictions and on their third arrest a death occurred.  In this instance, the person is charged with Felony Murder.  The allegation is that while committing the felony of a Third DWI the person caused the death of a person. 

As you can see, DWI convictions have significant long term consequences whether it occurs in Fort Bend, Galveston, or Harris County, Texas.  Thus, I inform all my clients that it is imperative to be ready to properly defend their DWI case from the outset.  If you have any question regarding your DWI arrest please call our office at (800) 724-1876 or visit website www.mmalaw.com.

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Those of us that have been Criminal Defense Attorneys know better then to guarantee that a case will be dismissed based on the initial visit with a potential client.  Routinely, clients come into our office a state some form of the following: "Attorney A said he will get the case dismissed if I pay him X dollars.  My initial thought is if they really believed the attorney why are they here in my office?  I am sure they feel the same way or else they would not be visiting me.  My advice is always the same...if a lawyer in guaranteeing something get in writing because the truth is that no attorney can make such a statement without reviewing the case, talking to the assistant district attorney, and investigating all the facts.  I am always amazed that people believe these attorneys even after talking to competent criminal lawyers.  Do not forget that you are presumed innocent, but that does not mean that the prosecutor will automatically dismiss your case.

This does not change even if the crime occurred in  Fort Bend County, Galveston, or Harris County, Texas.  If you want to speak to an affordable, honest, and experienced criminal defense attorney call us at (713) 225-1038 or visit our website at ww.mmalaw.com. 

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Since I have posted that theft/shoplifting is a crime of moral turpitude I have had people ask me if a DWI/DUI is a one as well.  The short answer is that a DWI is not a crime of moral turpitude in the state of Texas.  However, a felony DWI is a crime turpitude.  Typically, a third DWI is filed as a felony.  Recently, the legislature made it a felony to drive while intoxicated with a child passenger even if it is the person's first arrest.  There are other DWI related charges that are felonies such as intoxication assault, and manslaughter when it does not matter how many times a person has been previously arrested for DWI.

In the future I will post a list of most crimes that are considered crimes of moral turpitude.

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When I became a criminal defense attorney in Houston over ten years ago I was told that our area of law is recession proof.  This was not the reason why I entered criminal law.  In the past, I never took the economy into account.  However, the media shows different companies failing daily.  That made me reflect on what I was told when we started our Houston Criminal Defense law firm.  I must admit that when the downturn started I was apprehensive on how the legal field would be impacted by the recession. Surprisingly, our criminal defense practice has seen a steady increase of business during this time.  Perhaps, our field of law is recession proof... it looks to be the case so far.

Over the years,  I have realized that when we do outstanding work our clients recommend us to their friends and family when they need help with a criminal matter.  I always feel humbled when a previous client recommends us.  It says a lot about the work we did for them.   It tells me not only that we did a great job for them, but that they trust us enough to represent a friend and/or family member with their freedom.  We understand the stress and the feeling of uncertainty that someone is experiencing when they are charged with a crime and strive to relieve them of these feelings. 

During these difficult times we will continue to offer free consultations.  We will also offerpayment plans, and our fees are very reasonable.  Thus, if you have any questions regarding a criminal issue contact our law firm at (713) 225-1038 or visit our website at www.mmalaw.com.

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An Irishman who recently moved to the United States quickly found the local pub and ordered three Irish Whiskeys in three shot glasses and drank them. He came back everyday after work for a week after which time the bartender suggested he use one shot glass and poor the second and third shots as he finished. The Irishman explained that he needed three glass because he drank in solidarity with his two brothers back home in Ireland. The two glasses were for his brothers and one for him.

The Irishman continued coming in after work . One day a week later he asked for two shots, rather than the normal three shots of whiskey. "I'm sorry did something happen to one of your brothers?" the bartender asked. The Irishman replied, "Oh no, I'm drinking the two shots for my brothers, I gave up alcohol for Lent."

Fr. Jay Walsh at St. Anne gets credit for that joke. He said it during Mass yesterday while giving his homily at St. Anne Catholic Church. In his sermon he spoke of Bill Wilson who founded Alcoholics Anonymous.

I found the topic of special interest, because as Houston DWI Attorneys, we are faced with this issue on an almost daily basis. We have represented people with as many as 9 DWIs on their record, who obviously have an addiction. But, more often than not, we represent the individual who had a couple of drinks socially with friends or colleagues after work and is stopped for a traffic violation on their  way home. They are then arrested for Driving While Intoxicated. A night of fun turns sour with an arrest and an unpleasant night in jail. Next comes a court date and they face a number of possible consequences.

Here's hoping that as many people as possible enjoy St. Patrick's in a responsible fashion and avoid this problem.

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As a Houston criminal lawyer that handles assault cases I aware how it impacts the entire a family  that is involved.   I am troubled by stress that the economic slowdown has caused on so many families.  Since the economic downturn began more than four fifths of the workers laid off have been men.  Historically, men have resorted back to their alpha male ways when they feel depressed.   Men have created their own domains throughout the years by resorting to bars, gyms, and even today the media room is typically the male territory.  Most disturbing is that the unemployed man follows alcoholics and drug addicts as the demographic group most likely to commit family violence. 

If you find yourself accused of an assault case please contact our law firm (713) 225-1038 for a free consultation.  We assist defend people in Harris County, and it the surrounding counties like Montgomery and Fort Bend County.

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I applaud M.A.D.D. for all they have accomplished in raising the awareness of driving while intoxicated, however M.A.D.D like other organizations tend to go overboard at times.  They seem to lack any sympathy for the first time offender of DWI. 

I have never met a person who intends to commit the crime of DWI, unlike a person who commits a theft, or an assault.  Accordingly, the law in Texas does not make "intent" an element of the crime.  I routinely tell my clients that anyone may be arrested for DWI and this does not mean that they are bad person or even that they are guilty of the crime.    A perfect example of this is Charles Beebe, a Cincinnati Police Officer, and a Top Cop M.A.D.D. award winner, who was arrested for DWI.  I am sure Officer Bebee is glad that he is presumed innocent just like everyone he ever arrested.  His case is still pending trial.

If you need assistance with your DWI case in Texas please contact our law firm at (713) 225-1038 or visit our website at www.dwiattorneysinhouston.com.

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Now that it is rodeo time in Houston it reminds me about a bogus DWI email that made the rounds last year.  The email indicated that it was sent from Houston Rodeo Officials and stated that the police, judges, and prosecutors would be at the Rodeo cracking down on publicly intoxicated patrons and making DWI arrest against those leaving Reliant Park.  Despite the email being bogus every year we find ourselves representing a person that is arrested for DWI when leaving the Rodeo.  Please do yourself a favor and hire someone to drive you from the Rodeo if you feel that you had too much to drink.

If you need assistance with your DWI case in Houston, Harris County, Texas please contact our law firm at (713) 225-1038 or visit our website at www.mmalaw.com.

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A short, but insightful interview with Fernando Henrique Cardoso, president of Brazil from 1995-2003, details what most criminal defense attorneys already know and advocate for everyday.  The drug problem is a health problem.  Thus, we need to seek treatments for these individuals in order to reduce the demand of the drug trade.  Cardoso is also forwarding a report to the United Nations to serve as a catalyst for countries to decriminalize marijuana since it accounts for 90 percent of the drugs that are consumed.

If you need assistance with your drug case in Houston, Harris County, Texas please contact our law firm at (713) 225-1038 or visit our website at www.mmalaw.com.

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A theft/shoplifting case like a criminal mischief case is determined by the amount that is alleged to have been stolen.  If the dollar amount is less than $50 then it is a class "c" misdemeanor.  A person can not go to jail for these type of cases.  In fact, the punishment is only a fine.  Once it is over $50  it becomes a class 'B" misdemeanor.  A person can go to jail for up to 180 days and/or receive a fine up to $2,000 for this level of offense.  If the amount alleged is over $500 but less than $1,500 it becomes a class "A" misdemeanor and the punishment increases up to one year in the county jail or a fine up to $4,000.  A theft/shoplifting becomes a felony one of two ways.  It could become a felony if the person has been convicted twice before of theft.  Please keep in mind that a deferred adjudication is not a conviction.  Next, it could become a felony if the amount is over $1,500.  If the amount is over $1,500 but under $20,000 it is a state jail felony.  The range of punishment for this offense is not less then 180 days and no more then 2 years and a fine up to $10,000.  If the amount is over $20,000 but under $100,000 it becomes a third degree felony where the range of punishment if from 2 to 10 years in the Texas Department of Corrections and a fine up to $10,000.  If the amount is over $100,000, but under $200,000 you are facing a second degree felony where the range of punishment if from 2 to 20 years in the Texas Department of Corrections and a fine up to $10,000.  Finally, when the amount is over $200,000 a person is facing a first degree felony where the punishment is from 5 years to 99 years or life in the Texas Department of Corrections and a fine up to $10,000.

As you can see a theft case is very serious.  As I have mentioned before even a minor theft case is a crime of moral turpitude. .

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I have discussed before how Harris County Judges treat those accused with their first DWI. There are a lot of judges that will go beyond what the law requires when someone finds themselves in court for their first DWI like requiring a person to install the ignition interlock device when they are involved in an accident .  Now MADD is pushing legislators to require anyone convicted of a DWI in Texas to get the ignition interlock device. This proposal is going too far.  Our DWI laws already provide a substantial hardship for someone convicted of a DWI. MADD likes to point out recent deaths that involved repeat offenders driving a vehicle.  In my opinion, relying on these instances is misplaced.  Why punish the first time offender when there are programs in place to make sure this does not happen again such as the Victim Impact Panel that is usually led by a MADD representative, the DWI School, and the drug/alcohol evaluation that a person undergoes when they are placed on probation.  Also, MADD overlooks that anyone that has an alcohol rate above rate over .15 when driving is required to place the device in their vehicle.  Texas law adequately deals with repeat offenders by requiring a hard suspension (no occupational license) for those convicted of a subsequent DWI within five years. Additionally, DPS license suspensions increase for repeat offenders,  MADD should focus their attention on someone other then the first time offender who usually has not been arrested before and is unlikely to re offend because of the traumatic experience of being arrested.  I am sure the "Benjamins" have something to do with this new crusade.

If you need assistance with your first DWI case in  the Houston, Texas area please contact our law firm at (713) 225-1038 or click here to visit our website.

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