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

Mr. Brown better keep in mind that Federal law prohibits him from possessing a firearm since he has been placed on probation for a domestic violence case.  Also, as Ron Chapman, a Florida Criminal Attorney, points out the Federal Gun Law does not allow an employee of someone convicted of domestic violence to possess a firearm during the course of their employment. Therefore his "entourage" should be on notice as well.

Routinely, attorneys fail to mention these consequences to their clients when it involves family or domestic violence.  I imagine it mainly happens when a lawyer that does not practice criminal law decides to "dabble" with these type of cases without knowing the far reaching consequences. 

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I am aware that a DWI arrest in Houston is a traumatic experience.  As I have mentioned before the police officers have a militant attitude when conducting a DWI stop, and once a person gets arrested there demeanor gets worse.  Recently, I was doing some research on a legal issue concerning a DWI stop when I came across the DUI law in the state of Arizona that provides for a harsher punishment if a person provides a breath sample over .02 after they are arrested.  Shockingly, I found out that if you provide sample over .02 in Arizona the minimum jail time would be 45 days in jail.  The law does not take into account if it is a first, second, or third DWI.  In fact, a person is worse off in Arizona if you blow over .02 then if you were a felony offender.

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There has been a lot of discussion recently on the Houston Criminal Lawyer blogs regarding a specific attorney that has been posting negative reviews about  his colleagues online while inflating his own online presence.  While I was not bashed personally, the actions are no less despicable!  Any lawyer that would talk poorly of another is insecure, lacks credibility, and is dishonorable.  This type of behavior does not belong anywhere in life.  Would someone really hire a lawyer that disparages every other attorney?  The truth is that there are many outstanding Houston Criminal Attorneys.  Since a criminal case takes several months to years to resolve a person should chose the lawyer that they feel most comfortable with and trust wholeheartedly with their criminal case.  This should be done after thoroughly checking the Texas State Bar for any disciplinary penalties as well as checking websites like Avvo.com where lawyers are reviewed independently.  You will not hear me denounce a colleague for a business advantage.  The bottom line is you should research the attorneys you are initially interested in hiring, meet with a couple of them in person while hiring the best fit for your particular case.

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I have had three calls this week from people with the impression that somehow their criminal record gets erased after seven years.  What is worse than the fact that this is inaccurate is that they say they were told this by the attorneys they hired , who stated this is the law . Let me be clear when I say that a conviction will not be erased from your criminal history regardless of the length of time elapsed since it happened.  A case is permanently part of your ciminal history unless one of the following occurs: dismissal, pretrial diversion, deferred adjudication (in limited circumstances), or a special expense fee is paid.  Therefore, simply paying a fine, receiving probation, or any jail sentence will result in a final conviction that will not be erased off your record after a length of time.

Anyone charged with a crime should hire a lawyer that deals exclusively with criminal law so that they do not receive such misinformed advice. 

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Anyone charged with a DWI in Texas should know that they have 15 days after their arrest to request an administrative license revocation hearing in order to save their driver's license.  If this is not done they automatically lose the driver's license after 40 days of their arrest.  Most clients believe that the hearing must take place within that time period.  Unfortunately, this is not the case.  Once the hearing is requested it typically takes 3-5 months before there is a hearing to determine if the driver's license will be suspended.

The period of time that is it is taking for the hearings is unacceptable and contrary to the mission of the ALR program that was designed to suspend the driver licenses of dangerous drivers in a swift and sure manner.  DPS' words not mine.  Curiously, nothing is mentioned about it being done in a fair and just way.  Many times the hearing provides favorable evidence to the accused that is not mentioned in the original offense report submitted by the police officer.  Most importantly, it provides the DW lawyer with the opportunity to pin an officer down on the record to the true facts surrounding the DWI arrest.  These is helpful when evaluating a case. 

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As a Houston DWI Lawyer I am regularly asked the above the question.  For the last several years, the answer has always been the same.  No,  the state of Arizona imposes even harsher penalties for DWI cases.  I would hate to be a DWI defendant in a state where in some cases I would be facing a minimum 45 day jail sentence for my first DWI conviction.  Whether you are charged with a DWI in Texas or in any other state the consequences are severe.  An experienced DWI Attorney will assist you during this stressful event to make sure that everything is done on your behalf.

If you are interested in a concise description of the DWI penalties in Arizona Lawrence Koplow, a Arizona DUI Attorney, provides it in a recent blog post.

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As a Houston DWI attorney I get a lot of different questions pertaining to my client's DWI video.  A lot of them are discussed in this blog or on my DWI website.  One thing that is commonly overlooked is the function of the black line on the wall during a DWI station video.  The thick black line's purpose for being in the DWI video room is for determining if a person is swaying.  When a person is asked to do the DWI field sobriety tests they are usually placed in front of or next to the line.  The thinking is that if person sways it will be more noticeable with the line serving as an indicator.  While the black line is placed there by the police agency it can be a resource used by the accused too, since it can also illustrate the lack of swaying that is present.  This makes a police officer look foolish on the witness stand when they claim that my client had a noticeable sway, but none is displayed on the video thanks to our new best friend, the black line on the wall.

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As a Houston DWI lawyer I track the pertinent issues regarding driving and alcohol.  There is always a lot of talk about how alcohol related accidents by Mothers Against Drunk Drivers,(MADD), but a closer look that a more significant danger is mistakes made by doctors.   When will the public wake up and start to realize that their doctor poses a greater threat to them than someone that is behind the wheel of a vehicle after drinking.

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I stumbled upon an article about an Illinois man that was found in contempt of court for yawning too loudly. The man spent three weeks locked up. I think everyone would agree that when in a court room you should conduct yourself in a respectful manner. If you spend anytime in a court room you will find that often times lawyers, staff, defendants and their family members sometimes fall short of the proper behavior. But finding someone in contempt of court and jailing them for three weeks for yawning is arrogant and abusive. You wouldn't think something like that could happen in an American court.  But it does.

It reminded me of a client I represented about 10 years ago who was found in contempt of court while on the first floor of the courthouse, not anywhere near the courtroom. He was jailed for a weekend. Luckily, we were able to free him after filing a writ.

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The Houston, Harris County, Texas DWI Divert program is in full swing now.  Those of us that are DWI attorneys in Houston are familiar with the parameters that have been set by the Harris County District Attorney's office.  What is surprising about the program is that the stated goal is to help , and assist those that really need the help in overcoming alcoholism.  Thus, reducing repeat DWI offenders, as well as intoxication assault, intoxication manslaughter cases.

While this is a worthwhile objective the program is excluding those that need the help the most and has an unexpected expectation about anyone that does enter the program.  Take someone like Josh Hamilton as an example.  Baseball fans know Josh Hamilton's story, the first overall pick in the 1999 major league baseball player draft, instant millionaire, becomes addict, out of  baseball for three years, becomes a recovering addict, wins the comeback player of the year in 2007.   He captured the heart of the baseball world last year during the Home Run Derby by by hitting a record 28 home runs during the first round.  This year a lot was being expected from Hamilton.  His projections were off the charts.  He was a most valuable player candidate entering 2009.  Most fantasy baseball publications had him pegged as a top ten draft pick. These expectations caused him great stress perhaps causing his minor relapse this year. 

While everyone will agree that a minor infraction is to be expected of a recovering addict the Harris County District Attorney's Office disagrees when it happens during their DWI Divert Program.  In their opinion, anyone that is afforded the opportunity of the program may not have any infractions despite their history.  This sounds contrary to the stated goal of helping people from committing a DWI offense in the future.  Therefore, anyone considering the Divert program better be fully aware of the expectations, potential consequences, and the lack of compassion by the District Attorney's office.

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A few people quizzed me today whether the newly appointed Supreme Court Justice Sonia Sotomayor is the first Hispanic to sit on the court. as reported.  This is asked is because most lawyers think that Benjamin Cardozo was the first Hispanic judge appointed to the United States Supreme Court.  The media has it right on this one because Justice Cardozo's family immigrated from Portugal.  Moreover, Portugal is not a Spanish speaking country.  Thus, he would not be categorized as a Hispanic according to our census.

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You may have seen the recent tragic news story where a New York woman driving drunk drove down the wrong side of the highway crashing and killing herself, her daughter, three nieces and three men in the SUV she hit. Toxicology results revealed that the woman's blood alcohol level was 0.19%, more than twice the legal limit. Additionally, she smoked marijuana within an hour of the crash.

According to a recent study, nationwide, the number of women arrested for driving under the influence or alcohol or drugs was 28.8 percent higher in 2007 than it was in 1998, while the number of men arrested was 7.5 percent lower. The study is  based on figures that cover about 56 percent of the country. Granted, this is an incomplete sample, the trend is still disturbing.

As the New York tragedy demonstrates driving while intoxicated with children can have tragic consequences. In Texas  Driving While Intoxicated with a  Child Passenger is a felony. With the trend in the rise of women driving under the influence and women being the traditional children's caretaker it stands to reason that we will see more arrest for these types of cases and sadly more possible tragedies.

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Anyone that has been in the unfortunate situation of going to the Harris County Courthouses downtown knows how difficult parking can be to find near the building.  Starting today the parking situation is going to be even worse because the county has taken away the biggest lot across the street from the courthouse to start building a new jury assembly room.  Therefore, give yourself more time to get downtown because if you are running late you will not have the ability to park close to the courthouse.

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Recently, I asked an important question relating to the Harris County District Attorney's Office Pretrial Diversion Program.  I wanted to know if a person charged with DWI with a child passenger will be eligible for the program.   The answer to the question was an emphatic NO.

A person charged with this crime is typically a young mother that makes the bad judgment of driving with their child in the vehicle while intoxicated.  Also, it has been my experience that the woman has never had an arrest before the DWI.  As a DWI Attorney that practices in Houston,  I do not see a difference between the woman that drives alone or with a child.  The definition of DWI in Texas is that the person lost the normal use of their mental faculties.  Thus, it should not come as a surprise that a person would make the mistake of driving with a child in their vehicle.  If the District Attorney's Office goal is really to assist first time offenders it should include these types of individuals in the pretrial diversion program in order to help not only the mother, but more importantly the child.

If you are trying to find a DWI lawyer in Houston please contact our firm at (713) 225-1038.

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Recently, he House transportation committee released the details of a six-year, $450 billion highway bill. What is troubling to a DWI Attorney, like myself, is that buried within the bill is a controversial sentencing requirement that low-level, first-time drunken-driving offenders, must install an ignition interlock device.  Currently, Texas requires the ignition interlock for repeat offenders.  Additionally, Texas requires the ignition interlock for anyone that has a high breath test (.15 or higher) when they were arrested.

Texas has historically understood that a first time offender does not need such a drastic step when someone has been convicted for their first DWI.  Since the ignition interlock is expensive, intrusive, and typically has technical issues, this punishment has exclusively been used for repeat offenders only .  The Federal government has a different idea and could affect how Texas will deal with first time DWI offenders if and when the bill is enacted.
 

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Yes, it could happen to anyone and may be used as a defense in the future by a DWI attorney.  According to studies certain diets like the Atkins may lead to higher readings.  This takes place because the machines test for ethanol, but are unable to distinguish that from acetone that is commonly produced by people on a low carbohydrate diet.  This mistake has even happened to a British pilot. 

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