Houston Criminal Law Journal : Houston Criminal & DWI Lawyer & Attorney : Madrid Martinez & Associates Law Firm : Criminal Defense, Drug Possession, Assault : Houston Texas

Today is Super Bowl Sunday. The Indianapolis Colts and Peyton Manning take on Drew Brees and the New Orleans Saints. The day has become an American holiday except no one gets the day off on Monday. I'd like to propose the movement to make the day after the Super Bowl an official holiday. Everyone really enjoys themselves on Sunday and needs a day of recovery. Lets be honest, their isn't a whole lot of workforce production the day after the Super Bowl. Who would really be opposed to making it a holiday?

Another unfortunate tradition regarding the Super Bowl is the crime that follows. Its like the soccer hooligans in European football. I guess whether you call it football in Europe or American football here, drunkenness and thuggery will follow. Its inevitable and sad that Assaults and DWIs and other crimes follow the festivities. Here's to hoping  that everyone behaves responsibly. Who Dat? Go Colts. May the best team win, the commercials be entertaining and The Who not put us all to sleep. 

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Houston has a lot of great qualities but public transportation wouldn't make the top ten list of good things about Houston. If you plan on going anywhere in Houston you are probably going to have to drive.

It seems recently  that we have had an uptick of clients who have hired us after having been arrested for DWI on Washington Avenue. If you've even had one drink, I wouldn't suggest going near Washington Avenue if you are driving. Either choose a designated driver or call a cab. Another alternative would be to hire a shuttle service. A shuttle service called the Washington Wave advertises a shuttle up and down the bars on Washington and Midtown. I am not affiliated with the company nor endorse them, as I have never used them, but the concept seems like a great idea.

The bottom line is, if you live in Houston, figure out a safe and responsible plan for transportation when you are making plans to hit the town. The alternative may be an arrest leading to a DWI.

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I understand that the Houston DWI DIVERT program is a novel concept for Harris County, Texas.  I further recognize that with a new program tweaks will be made to make improvements.  However, it seems that the Harris County District Attorney's Office (HCDAO) is continually making changes to this program.  This causes confusion to all the parties involved.  Whether you are misdemeanor judge, a misdemeanor prosecutor, a DWI attorney, or an accused changing the rules weekly leaves everyone uncertain as to how to proceed. 

I have been patient with the program up until now.  This week the HCDAO decided that a defendant needs to decide if they want to be considered for the DIVERT program by their second court setting.  This is patently unfair and lends itself to the biggest complaint against the program, that is coercive.  

My non-DWI clients do not need to decide anything within two settings, but somehow my DWI clients must make a life changing decision is less than a month now.  That is unacceptable!  Anyone that is a candidate for the DIVERT is someone that has never had contact with the police or the criminal justice system before their DWI arrest.  They are afraid, confused, and intimidated by the system.  This is not the best time for them to make such an important decision.  Moreover, in a lot of instances a DWI attorney can not properly analyze a case after one setting.  There are too many variables involved before they can properly advise their client. 

This change will undoubtedly lead to another deluge of initial cases being screened in order to meet the two setting decision deadline since, being evaluated does not require the defendant from accepting the conditions offered.  Ultimately, this will lead to more people rejecting the DIVERT program because no one enjoys being bullied into doing something.  Perhaps, this is what the HCDAO is trying to accomplish.  If it is they may find an increase in attorneys setting cases for trial.

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South Florida, where Super Bowl XLIV is being held this year is similar in many ways to Houston, Texas in that people often drive because they can not count on their local public transportation.  I remember when I first moved from Chicago, Illinois to Miami, Florida when I was a young boy and was not able to do half the things I was use to doing upon my move since my new city did not have reliable public transportation.  This meant I was unable to take the train to a baseball game during the summer months, not that South Florida had a baseball team at the time. As a child I had to really on my legs and my bike if I wanted to do anything outside my neighborhood.  Despite the inconvenience, I thought it was great since the brutal winter months of Chicago were behind me .

This inconvenience however, leads to serious consequences if someone does not take precautions in respect to drinking and driving.  I firmly believe if we had reliable public transportation in Houston, Texas our DWI arrests would decrease.  Take into account the Washington Avenue area, the new place to go for young professional to "hang out" and drink.  If someone wants to go this area to meet up with friends they must drive or get a taxi that is probably makes their night cost twice as much.  Given the alternative, the Houston driver decides that he/she will monitor what they drink instead of incurring the cab cost.  The Houston drinker must be more conscious of their alcoholic intake because they are the one that are likely will be doing the driving and the police have a close to zero tolerance for anyone that drinks and drives whether or not they are intoxicated.  Unlike other major cities in the United States we do not have the fall back of public transportation in Houston.

Miami, Florida is a tourist attraction year round because of its tropical weather and beautiful beaches, but still does not provide the reliable public transportation for its visitors.  I have a suspicion that a few people will be drinking during the Super Bowl festivities that will be ongoing throughout the week.  Even if they are only attending the game they are unlikely to be staying near stadium since it is not located in a tourist area.  Therefore, the majority of tourists will be driving.  It is not a stretch that when a destination increases by over 250,000 people that are drinking and driving that DWI arrests are going to increase.

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Drinking and then driving is a very costly, unhealthful and dangerous combination for anyone but this post mostly provides facts about drinking and driving for young adults who have either newly started to drive or have newly started to drink.  That is why, we advise you to let your young adult to know about the affects of driving and driving. They should know about the laws about drinking and driving in Texas and they should know how alcohol can affect their body system and impair their driving abilities. Being more aware than before, the young adult can make better decisions about drinking alcohol and then driving.

Some facts about alcohol that everyone should know of are that alcohol can affect your brain; it reduces coordination, reflexes, vision and causes memory lapses and poor judgment. This is another reason why a intoxicated person may make a bad decision and consider themselves fit enough to drive. If you consume alcohol regularly, then know that alcohol can negatively affect every organ of your body and get absorbed in your bloodstream increasing the risk of many diseases. It reduces your self-control, depresses your nervous system and can produce a risky behavior in you. A large amount of alcohol consumption can even cause alcohol poisoning which can be fatal.

In Texas, having a Blood Alcohol Content (BAC) of 0.08% or more while driving is one of the three ways the government may prove that a person was intoxicated when driving. Even though different people's bodies respond differently to varying levels of alcohol, the 0.08 limit has been set. by the Texas legislature.  According to certain studies, two in five Americans will be involved in alcohol-related, (but not intoxicated) car accidents at one point in their lives and it is also estimated to be the leading cause of death for many American young adults. Factors like fatigue, lack of food, health, emotions and drugs (prescribed or non-prescribed) can actually increase the effects of alcohol on your body. Although, such facts about alcohol may not seem that significant but when you make the decision of drinking and then driving, these facts can become crucial to determine your Blood Alcohol Content.  If pulled over by the police they may ask you to submit to field sobriety tests and later a breathalyzer test that you are not forced to do. Furthermore, they will threaten you that your driver's license will be suspended if you do not take the tests.  That is not true!  You have the absolute right to refuse all tests and keep your license from being suspended.

Nevertheless, in such a situation you will always be better off hiring a DWI attorney, especially if you have a previous DWI conviction. A DWI lawyer who is reputable and experienced can make a lot of difference in your case. He or she can prepare you mentally for this experience, guide you about your DWI case and may even be successful enough to disprove the authenticity of the evidence of the prosecution.

Although, a DWI offense can be frustrating and can hamper your future life, especially if you are just starting out in your career; it still helps tremendously to have a DWI lawyer who can mentally support you and keep you better informed about your trial. At any cost, educate yourself about driving while intoxicated, know about the laws and try to avoid drinking before you are of the legal age.  You can either drink and not drive while intoxicated or avoid drinking all together if you want to avoid a false DWI arrest!

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Like the city of of Honululu, Hawaii, the Montgomery County, Texas District Attorney's Office, a neighboring county of Harris County, Texas is trying to scare its citizens from getting arrested for DWI.  The Montgermery County Office has started a Twitter page that lists anyone that gets arrested for a DWI in that county  Luckily, I rarely represent someone in that county for DWI since my practice consists of Houston DWI arrests.  Nevertheless, I would like to point out that I doubt anyone purposefully sets out to get arrested for driving while intoxicated.  In fact, the law does not require that  the person intentionally was DWI like most other crimes.  Most importantly, there is no plan in place for those people that are lucky enough to get their DWI cases dismissed or win at trial. This seems like a stunt that the media will give a lot of attention to initially, but will never be effective in detering anyone from driving while intoxicated.

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As a Houston DWI Lawyer I enjoying sharing what I know with other people.  They seem interested in how the DWI law has developed over the years.  Here are some DWI facts that people seem to be curious to know.

In 1939, Indiana became the first state to enact laws defining intoxication.

In 1960, the National Safety Council recommended that an alcohol concentration above 0.10 be considered prima facie evidence of intoxication.

Texas became involved in breath alcohol testing with pilot programs in the late 1940’s and early 1950’s.

 Texas began breath alcohol testing on a statewide level in 1968 using the Breathalyzer 4011AS-A and in 1988 the Intoxilyzer 5000 began being used.

Persons arrested for public intoxication are not be tested on the Intoxilyzer 5000.

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Just because I am a Houston DWI Attorney does not mean that I am not interested in what other states do with their DWI cases.  For example, I recently learned that the Honolulu, Hawaii Police Department has gone to the extreme step of posting the mug shots of anyone that is arrested for DUI.  Proponents of the measure believe that this will deter drunk driving.  I disagree...first of all, none of these people have been convicted of anything before their pictures are posted on the website.  Second, I would wager that most people will overlook the website until they are arrested for DWI.  Third, what happens to the poor people that are arrested for DWI, but are not guilty of the crime.  I am confident that a lot of the 80 people that are arrested weekly for DUI in Honolulu will have their cases dismissed or found not guilty of DUI/DWI.   The harm that this will cause to these innocent people is not worth resorting to humiliation for those that may be guilty. 

If you have been arrested for DWI in Houston please contact our law firm if you have questions regarding your case.  Our phone is (713) 225-1038.

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You have probably heard the news about Tiger Woods in which he allegedly crashed his Cadillac Escalade at approximately 2:25 a.m. last Friday into a neighbor's tree. The media has been in a frenzy speculating what if anything Tiger or his wife could be charged with.

Tiger for his part has done little to quell speculation. He hasn't spoken to the media except through a released statement through his website TigerWoods.com, "This situation is my fault and it's obviously embarrassing to my family and me,I'm human and I'm not perfect. I will certainly make sure this doesn't happen again. This is a private matter and I want to keep it that way. Although I understand there is curiosity, the many false, unfounded and malicious rumors that are currently circulating about my family and me are irresponsible."  Some in the media have taken this to mean that Tiger is hiding something and continue to debate how this will affect his career. The simple answer is that it will not. Tiger Woods will continue his career and retire as the greatest golfer to ever play the game. He will continue his charity work and he will earn over a billion dollars in tournament victories and endorsements. Its just a slow news week between Tiger and the White House party crashers.

The real lesson that Tiger is teaching the American public is that you have a right to remain silent. You do not have to talk to the police. If the police want to charge Tiger Woods with Driving While Intoxicated (DWI, DUI), Domestic or Family Violence Assault, Criminal Mischief or whatever other charge the media will think up, they can do it.

If they have evidence then charge him, if not then move on. Tiger Woods nor anyone is required to speak with the police and make a case for the police. The police have a job to do which we all respect. We all have rights which we are happy to have and assert. The media and public often forget one of the basic tenets of the American Justice System, the Presumption of Innocence.

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You have probably heard the phrase, "Be careful what you ask for, you just might get it." This is a phrase that rings true many times in the Criminal Justice arena. Every day someone is facing a harsh penalty and has the option to choose a certain sentence through a plea bargain or step up to the plate and assert their right to a jury trial.

It is a scary position to be in because there is no certainty. If you hang around a criminal courthouse after a verdict and hear lawyers talking you will likely hear the question, "What was the offer?" If a defendant gets hit with a big sentence and was offered much less it has to hurt so much more. Of course it is the criminal defense attorneys job to evaluate the case and make a recommendation to the client. Regardless of the whether the client follows the recommendation the attorney must be prepared to defend the client's rights. On the flip side the State's attorney must evaluate the case and determine whether it should be dismissed or plead.

Just the other day my law partner, Herman Martinez and a client of ours faced such a moment. The client who was charged with Driving While Intoxicated (DWI) was offered a Pretrial Diversion which would have kept a conviction off of his record. He opted for trial. A couple of weeks before trial the client changed his mind. We contacted the District Attorney's office and were informed it was too late, our client had lost his chance and the deal was off the table. Fair enough. Herman prepared for trial. The prosecutor wanted a conviction and the client really didn't want a trial but no longer had the option of the Pretrial Diversion.

The first witness was the arresting  officer. Herman did an exceptional job during cross-examination in attacking the officer's administering of the Field Sobriety Test. It wasn't pretty. The prosecutor knowing where the trial was headed dismissed the case. As the saying goes, "Be careful what you ask, you just might get it."

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As a Houston DWI Lawyer I witness law enforcement use the breath test as a major source of evidence in building a case of intoxication against a driver suspected of being intoxicated. A consequence of not blowing is a possible license suspension. The accused has to make a decision to blow or lose their license. If you don't trust the machine and thus the results should you blow knowing this may lead to a criminal conviction? Of course not. But the consequence may mean the loss of your license. That is why it is imperative that you fight the suspension.

 It is important to note that the rules are not created to help the accused. If you win the Administrative License Revocation Hearing and thus your license is not suspended, plus either are found not guilty or have your case dismissed, you still face suspension in the future if you have a refusal within a 10 year period. That's right, even if you are found not guilty and your license is not suspended at the ALR. If you are stopped again and accused of DWI and do not blow, the second contact can lead to a 2 year license suspension.

The best thing to do is not get yourself in the situation, but if you do you must fight it every step of the way.  If you need the assistance of a DWI Attorney in Houston please contact our law firm at (713) 225-1038,

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Earlier this year when the Harris County District Attorney's Office started the DIVERT program for first time DWI defendants Judge Mike Fields was one of two Harris County, Texas misdemeanor judges that would not participate with the program.  This caused me concern since that meant I would have to explain to a client why someone in one of the other 13 misdemeanor courts would be eligible for the DIVERT program, while they would not be because their DWI case landed in one of the two formidable courts.

I was hopeful that this would be a temporary arrangement by these judges.  Not surprisingly, Judge Fields was clear to state that he would grant traditional pretrial diversion for defendants in his court, but would not follow the DIVERT program as presented to him.  Despite his position as a Houston DWI lawyer I held out hope that he would change his mind particularly when it concerned a specific client.   Luckily, I was recently alerted to the fact that Judge Fields had changed his mind towards the program.  Today, my optimism was rewarded by having him grant my client the opportunity to enter the DIVERT program.  By allowing him this opportunity Judge Fields saved my client's business and allowed all my client's employees to rest easier this holiday season.  I do not know what changed the Judge's mind, but he made several people overjoyed by his shift in opinion.

I think it is feasible that Judge Bill Harmon will also change his position and start allowing the DIVERT program in his court in the near future.  The citizens of Harris County, Texas deserve uniformity by the misdemeanor judges on this issue. 

If you need the assistance of a Houston DWI Attorney please contact our law firm at (713) 22501038.

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Over the years there have been many field sobriety tests used to determine if someone is intoxicated.  Currently,  Houston police officers typically use three tests called the Horizontal Gaze Nystagmus, walk and turn, and the one leg stand.  My Scottish in laws where kind enough to share their straightforward test to determine if someone is intoxicated..  I think everyone would agree that the man in the video is a wee bit intoxicated.

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In the near future, I am sure there will a few best of 2009 lists coming out so I wanted share an unique DWI list.  Here are some of the oddest DWI arrest for the 2009 year.  Feel free to tell me which one is your favorite.

http://www.wptz.com/cnn-news/20421679/detail.html (driving a snowmobile while intoxicated)

http://www.joplinglobe.com/local/local_story_215223733.html (dawn mower man gets a DWI)

http://www.thesmokinggun.com/archive/years/2009/1022091lazboy1.html (driving a La-Z-Boy while intoxicated)

http://edition.cnn.com/2009/CRIME/03/31/barstool.dui/ (DWI while on a barstool)

http://www.thepittsburghchannel.com/news/21605132/detail.html (Lawn tractor driver gets arrested for DWI)

If you need the help of a Houston DWI Lawyer please click here to visit our website or call us at (713) 225-1038.

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If you are thinking of driving a car in Ireland you better not have a drink before getting behind the wheel.  While the Irish are stereotypically depicted as heavy drinkers with a devotion to their Guinness they better not drink even one imperial pint of their celebrated beer before driving.  Until recently. Ireland's legal limit for DWI was .08.  Now, Ireland will become another country in Europe with a legal limit of .05 for the prosecution of driving while intoxicated cases.  They will be joining Austria, Belgium, Bulgaria, Cyprus, Denmark, Finland, France, Germany, Greece, Italy, Latvia, Netherlands, Portugal, Slovenia, Spain.  What I found curious is that Lithuania's legal limit is .04 and Norway, Poland, Sweden's legal limit is .02.  A true zero tolerance for drinking and driving is found in Estonia, Romania, Slovakia, Czech Republic, Hungary.

Advocates for lowering our legal limit will certainly cite the international trend of lowering the legal limit for driving while intoxicated.  I foresee the legal limit being lowered once again in Texas to 0.05 or lower within ten years.  That would be the second time the legal limit will be changed since I became a lawyer.

 If you need the assistance of a Houston DWI Attorney please contact me at (713) 225-1038.

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Part of being an attorney is keeping up with all changes in the law, and discovering different ways to defend criminal cases. That is why I enjoy going to seminars.  While at these seminars, I learn a lot.   I network with attorneys from other states and jurisdictions.  Recently, I attended a DWI seminar in Illinois that allowed me to network with DWI attorneys across the country that provided me with new insight into defending DWI cases.  Coincidentally,  this week an Illinois attorney that I met at the DWI seminar was able to contact me regarding a Texas license issue.  Her client, a Texas resident, had the misfortune of being arrested in Illinois for DWI while on vacation.  I was glad to assist her since I am sure she will be reciprocating my requests in the future.

If you are searching for a DWI lawyer in the Houston area please contact me at (713) 225-1038.

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Anyone that has been keeping up with the news knows that driving while texting is becoming more and more prevalent.  Likewise, serious accidents due to texting have been occurring with more regularity.  I predict by the next legislation that texting while driving a motor vehicle will become a crime to same degree as driving while intoxicated is in Texas. 

If you are interested in the political game being played to make texting while driving a crime click here. 

 If you have any questions regarding a DWI case in the Houston area please call me at (713) 225-1038.

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As a DWI attorney I go over the offense report made by the police in great detail with my clients.  Most of my clients disagree with the report made by the officer. Meanwhile, after fully investigating the case I am able to find inconsistencies with the offense report and what actually happened especially if there is a scene video.  Earlier this year I had a case dismissed after I was able to retrieve the audio from a DWI video where the officer can be heard telling a witness that he did not know if the person was intoxicated, but he was hopeful that my client would "blow" or else the charges would not stick.  Of course, none of this was mentioned in the officer's offense report.

Joe D. Parker, a Chicago, Illinois police officer, who is known as a prolific DUI enforcer in his state is under review for this type of gross exaggeration.   In his offense Parker writes that Raymond Bell could not keep his balance, and failed the field sobriety tests.  Luckily, this video shows the truth.  I wish all my clients were so lucky to have a video at the scene where the original field sobriety tests were administered.

Thus, if you are charged with a DWI in Houston please contact our law firm at (713) 225-1038 for free consultation.

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You do not have to be a Houston DWI Lawyer to know what a drunk person looks like.  Most people that get arrested for DWI have an idea of what an intoxicated person should look like.  Unfortunately, the police, prosecutors, and our legislators have a much different idea.  Click here to see a man that truly fits the description of an intoxicated person.  Benny Hill would be proud.

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It might be if your DWI arrest occurred in the Southeast portion of Harris County, Texas during the time Deetrice Wallace worked as a Department of Public Safety contractor in charge of inspecting alcohol breath test machines.  Ms. Wallace was convicted of faking the inspections of the machines she was in charge of in Webster, Pasadena, South Houston, and Clear Lake area.  Therefore, the Harris County District Attorney's Office will be reviewing over 1,200 DWI cases that were affected by Wallace's conviction.  The cases will be hard to prove since the breath test results will not be available and it is likely that the field sobriety tests that were videotaped were likely destroyed.

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As a DWI Lawyer in Houston, Texas I see many of the issues surrounding a DWI charge.  The public wants to cut down on DWI related accidents, defendants get falsely accused of DWI by a machine, and cops vigilantly arrest anyone that admits to drinking. 

DWI concerns in Japan and the United States has the Nissan and Toyota automobile companies developing a device that will shut down the vehicle if sensors pick up excessive alcohol consumption.  I wonder if this be a standard item on all automobiles or an optional feature.  If it is an option, I wonder how many people will be willing to add it to the purchase price of their new car?

If you need the help of a DWI Attorney call our law firm at (713) 225-1038 or click here to visit our website.

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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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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 a lawyer 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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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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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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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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Today, many Houston DWI Defense Attorneys attended a meeting with Roger Bridgwater, the assistant district attorney that is heading up the Pretrial Diversion program in Harris County.  The meeting was very informative.  Some of the highlights of the meeting are as follow:  first, and as a general rule anyone that has been handled by the police before will be ineligible for the program (including dismissals, not guilty verdicts, and PI cases).  Second, anyone with a felony charge will not be eligible (DWI child passenger cases).  Thirdly, the probation department will be supervising the person during the program and finally an ignition interlock with a camera will be required.  A person may be released from their surety bond pending completion of the program.  The length of the pretrial will be from 1-2 years depending on how they score after being tested and evaluated by the probation department.

A draft of the contract that will be required to be executed was handled out at the meeting, I will comment on that in a later post along with the type of people the program aims to help.

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My friends in the medical profession find it hard to believe that I take phone calls after business hours.  I never thought it was a big deal until they brought it up night.  I imagine that expectations from the public is different now from when I was growing up.  Gone are the days that a doctor makes a house call or even takes a phone call from a patient. 

On the other hand, when someone gets into trouble they need to speak to a lawyer asap.  Typically, when a person is arrested for DWI their family has never encountered such an event and need to speak to an attorney to explain the process.  Thus, our law firm always has a lawyer on call to answer any questions that arise from a criminal arrest.  Clients are always surprised when they reach an attorney on a weekend ready to discuss their case.

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It is common knowledge that people act differently when they are videotaped  The Houston DWI Officers are equipped with video machines in their vehicles to record the stop and the field sobriety tests that they request a person to do during a dwi stop.  Most of the time during the arrest the officer is the only person that knows that everything is being videotaped.  How a person does during the videotaping of the field sobriety tests is crucial.  In my experience as a Houston DWI lawyer, these videotapes are poor in quality and only show the obvious mis-steps that a person commits during the field sobriety tests.  They fail to show how well a person performs during the investigation.  The DWI officers have taken it upon themselves to act as play by play announcers during the time that a person is doing the tests.  This is distracting to the person trying to perform the tests and clearly could be viewed as one sided.  The officer only remarks on something the person may have done wrong without ever mentioning all the things that person is doing correctly. 

Recently, the Texas Criminal Court of Appeals, the highest appellate court in Texas, has held that the practice of the police officer commenting on the a person's performance during the DWI field sobriety test is hearsay.  Therefore, the commentary will not be heard by a jury during trial.  For the entire opinion click here.

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Logically, as a Houston DWI Attorney this is a number that I follow.  According to Don Egdorf, with the Houston Police Department's DWI Task Force, HPD recorded over 6,000 DWI arrests in 2008. That does not take into account all the other agencies in the Greater Houston, Texas area.

As of the end of May, we are looking at a pretty big increase.  The Houston DWI Task Force has already made over 3,300 DWI arrest.  There is a strong possibility that this may be a record year for DWI arrests in Houston. 

Please be careful after having a drink and driving.  You are not guilty of driving while intoxicated just because you have been arrested.  Fortunately, you are presumed to be innocent of any criminal offense in our Country.

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As a Houston DWI Attorney, I am surprised that M.A.D.D.has been relatively silent on the new Pretrial Diversion DWI Program proposed by the Harris County District Attorney's Office.  I am confident that once it is unveiled in August M.A.D.D. will have a negative opinion of the program.  Recently, M.A.D.D. demanded that a non profit with the same goals of curtailing drunk driving to stop proclaiming in their literature that they are partners. 

If you need help from a Houston DWI lawyer please visit click here or call our law firm at (713) 225-1038 for a free consultation.

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As a Houston DWI Attorney I am grateful that the Harris County District Attorney's Office is implementing the Pretrial Diversion Program.  One question that has gone unanswered thus far is whether a DWI with a child passenger, a felony, will qualify for the new pretrial diversion program?  I am hopeful that the administration will treat this first time offender the same as one that is charged with a misdemeanor.

If you need the assistance of Houston DWI Lawyer please contact our law firm at (713) 225-1038 or vistit our website.

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Are you kidding me?  As a Houston DWI Attorney I get to defend a lot of interesting cases, but I must admit that I have not come across one quite as unique as driving a bulldozer while intoxicated.  Somewhere Jeff Foxworthy is having a good laugh about this one.  If you would like to know more about DWI laws please click here.  For a free consultation contact the Houston DWI lawyer at (713) 225-1038.

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Now that the Harris County District Attorney's Office is going forward with the pretrial diversion program  for DWI cases should judges inquire if each defendant that is entering a plea of guilty before them has been made aware of this opportunity?  A judge's role is to protect everyone's rights.  Therefore, if the judge has an inkling that the person before them may qualify for a pretrial diversion for their DWI case and has not been informed of this possibility by their attorney for whatever reason the judge should caution the person about the consequences.

I realize that there a lot of variables in each case, and the plea admonishments discuss essential rights, but this new program changes the playing field for all DWI attorneys in Houston.

If you have any questions regarding a DWI in Texas please contact a Houston DWI Lawyer at (713) 225-1038.

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As a Houston DWI Attorney I have mentioned previously how the upcoming DWI Pretrial Diversion program proposed by the Harris County District Attorney's Office is going to benefit a great number of people.  Despite all the benefits there are sure to be some negatives associated with the program.    For instance, once the word gets out about the program DWI arrests will increase in the greater Houston area.  Police agencies will arrest more people because they will know that the prosecutor will readily offer a Pretrial Diversion.  Also, it has been a long held belief within the DWI task forces that the accused may "beat the rap, but will not "beat the ride."  In other words, a person accused of a DWI will have to bear the expense of hiring a DWI attorney in order to properly defend a DWI case.  Moreover, prosecutors will become less inclined to dismiss a DWI charge because they are going to push the pretrial diversion alternative. 

If you have any questions regarding a DWI in Texas please contact a Houston DWI Lawyer at (713) 225-1038.

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The regular session of the 81st  Texas Legislature ended this week and I will be providing a more complete list of criminal laws that passed, but I wanted to mention one that was previously discussed on this blog.  Luckily, for the citizens of Texas this legislature did not pass the bill allowing DWI checkpoints in Texas. If you have questions regarding a DWI please contact our law firm at (713) 225-1038.

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The Harris County District Attorney's Office is considering a progressive approach to the way that first time DWI offenders are prosecuted.  The plan being considered is to grant a pretrial diversion to those charged with their first DWI.  The program would spare the person from having a conviction for the rest of their lives if they successfully complete the program. 

As a lawyer that routinely sees the effects of a DWI conviction I applaud this approach by the District Attorney's office.  Most of the people that we assist with a DWI arrest are first time offenders.  As I have stated on this blog the consequences of a  DWI conviction can seriously impact a person's life.  This new policy will help countless people in Harris County.

This decision by the  Harris County District Attorney, Pat Lykos, is a departure from her earlier proposals that seemed to be politically motivated.  Conversely, I suspect this approach will cause M.A.D.D, and other DWI zealots to adamantly oppose this approach that has proven to be effective in other jurisdictions.  The zealots will direct the public to the numbers of DWI fatalities in Texas, but will not admit that the methods that are currently being used to prosecute DWI cases are not working.  Thus, a fresh approach is to be commended.

If you have questions regarding a DWI/DUI in the Houston, Harris County area please contact our law firm at (713) 225-1038 or click here to visit our website.

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It looks like the Harris County, Texas District Attorney's Office went full force in the enforcement of the First Marathon Memorial “No Refusal” Weekend . The program netted over 200 DWI arrests in Harris County alone.  I wonder how this compares to a normal holiday weekend?

Warren Diepraam, a former Harris County Prosecutor, who now works for the Montgomery County District Attorney's Office, also initiated the same type of program with and added the arrests of boating while intoxicated on Lake Conroe.  I anticipate that the citizens of Montgomery Country are in for a dramatic change in the way a DWI is going to be prosecuted in the future with Warren leading the charge. If you have any questions regarding your DWI arrest please contact our law firm at (713) 225-1038 or visit our website at www.mmalaw.com. .

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As a Criminal Defense Attorney people regularly call me or reach this blog trying to get a motion for non disclosure for their DWI.  I hope by stating this very clearly these type of inquiries will be reduced.   A DWI probation Does Not qualify for a motion for non disclosure.  The only way to "clear your record" regarding a DWI is if the case was dismissed or you were found not guilty by a jury.  The proper vehicle to get the DWI off your criminal history when your case is dismissed is by filing a expungement two years after your arrest in the County Civil District Court where your arrest occurred.

If you need help with your DWI and/or your motion for non disclosure please contact our Houston criminal law firm at (713) 225-1038 for a free consultation.

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I find it curious that Mothers Against Drunk Drivers (MADD) is mainly made up of men.  For instance, the CEO, and the Chairman of the Board of Directors, are both men.  In fact, half of the directors are men.  The National President of MADD is a man.  What gives?  I am sure they would consider changing the organizations name if it was not so recognizable.

They claim that their fight is against drunk driving (DWI), but a closer look would reveal that the current motive for their organization is increasing shareholder value for the companies these men assist. 

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That is correct some states like Iowa and Minnesota make a separate crime to refuse the breath test even if you are later found innocent of a DWI.  Hopefully, we will never see the day that Texas makes refusing a breath test a crime.

If you need to talk with an attorney regarding your DWI case please contact our law firm (713) 225-1038 for a free consultation.

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As a Houston DWI Lawyer I like to inform my clients of what to expect in a DWI case.  I tell my client's that they need to be careful what they wish for in a criminal court case.  For example, a lot of people want to avoid having the interlock installed in their vehicle by telling the court that they do not have a car.   Typically, the court does not just take your word.  The court asks our client if there is any vehicle in their home that they have access to use.  Also, the court makes the person sign an affidavit stating they will not be driving any vehicle while they are on bond for their DWI case.  The consequences of being caught driving under this scenario is severe.  You could be arrested for driving while your license is suspended.  If this is the case the Judge may revoke your bond, and the Judge may also refrain from granting you an occupational license in the future.  Lastly, many courts will order our client to get the scram device installed if they claim that they do not have a vehicle to drive.  Most people say "no problem" until they realize that it will cost them $12 a day or $400 a month to have this device.  This is a significant amount considering that a DWI case may take from two to six months to complete.

If you have any question concerning your DWI case please visit our website at www.dwiattorneysinhouston.com or call us right now for a free consultation (713) 225-1038,

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Please remember to pay your DWI surcharges because if you do not pay them your license will be suspended.  Also, if you have been granted an occupational license by a court that will be invalid as well.

The best way to prevent this is by get your DWI case dismissed! You need an experienced DWI attorney handling your case.  There are too many consequences that may impact your life to allow someone that is not familiar with DWI law to handle your case.  Thus, if you need help with your DWI case anywhere in Texas please call our law firm at (800) 724-1876 or (713) 225-1038.  We will talk to you about your case for free!

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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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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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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 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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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) 225-1038 or visit our website at www.dwiattorneysinhouston.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.

4

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) 225-1038 or visit our website at www.dwiattorneysinhouston.com.

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I found it unbelievable last week during trial the that the Cypresswood substation located in Harris County, Texas does not have a working  videotaping device for DWI cases.  According to Constable Norris, a Corporal with the Harris County Constable Precinct 4's Office, it is common knowledge that this is occurring, but it is not up to the constable's office to get the device in working order.  He is of the opinion that it is up to the Harris County District Attorney's Office to maintain the videotape machine in working order.  That statement completely floored both prosecutors trying the case and is completely wrong.  Most appalling, is that after speaking to other attorneys in the courthouse this is not the first time that this Constable has testified that a videotape was not made in a DWI case.  Constable Norris understands the importance of a recording of someone ac cussed of DWI, but cavalierly dismissed the idea during trial.  A DWI video not only allows a jury to see the accused for themselves, but allows a lawyer to review a police officer's actions during the tests.  It is quite common that an officer does not explain the test correctly, or follow the specific guidelines developed.  If an officer does this incorrectly the tests results are deemed invalid.

Since Kate Dolan, the Misdemeanor Division Chief, was in court during his testimony I am confident that she will look into this issue.  The citizens of Harris County deserve much better!

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

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I am frequently contacted by someone wanting to clear their old DWI conviction from their record.  I dislike telling people that despite what their lawyer told them ten years ago their probation for DWI is not eligible to be cleared from their record.  I think that some people look at their criminal record like their credit report.  They are under the assumption that after a certain number of years the charges come off some way and if they contact the right attorney they can make this happen.

The only way to have your DWI cleared from your record is by previously having your case dismissed before going on probation, or going to trial and being found not guilty by a judge or a jury.  Lastly, if your DWI was so long ago that you received a deferred adjudication you may qualify for a motion for non disclosure.

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Judges are required to order the installation of the interlock machine on subsequent DWI offenses in Texas.  Also, most Harris County, Texas judges order the machine to be installed when there is an accident involved in the criminal case.  The most annoying part of this is that they do this regardless of who caused the accident or if the person accused is guilty or not of the DWI.  What ever happened to being presumed innocent?

Luckily, not all Texas judges act this way.  This practice is not common in Fort Bend County, Texas.  It has been my experience that a person arrested in cities of Sugar Land, Missouri City, or Richmond  fair much better then someone arrested for DWI in Houston.

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Houston, Harris County, Texas criminal courts are using another device against repeat DWI offenders.  A second time DWI offender is required to install a guardian interlock device while on bond awaiting the resolution of their case even if they are innocent of the new charges.  The guardian interlock device is a mechanism similar to a breathlyzer which is installed in a vehicle's dashboard. Before the vehicle starts, the driver must breathe into the device.

A more advanced interlock device is now on the scene that takes a picture of the person blowing into the device. Thus, a record is made of whoever is blowing into the machine.  The maker claims to be fool proof, but I doubt that since we have seen so many false positives with the regular interlock device over the years.  More importantly, are other drivers allowed to use the vehicle without a picture being on file?

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Many thanks to DUI attorney Lawrence Taylor for sharing that the state of Ohio still bans a defendant from challenging the accuracy of the breathalyzer machine in a criminal case.  I can not imagine something like this happening in Texas.  I think our judges are more aware of the individual's right of confrontation despite not allowing the defense bar access to the inner workings of the machine. This Ohio law has been in place for twenty five years.  Luckily, no other state has followed their lead.  I say it is time that Ohio revisits this issue.

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As a DWI attorney in Houston I dislike having to tell my clients abut all the hidden costs of a DWI. Everyone knows about the fines and court cost that are associated with a DWI conviction.  What most people do not know about are the surcharges imposed by DPS if someone is convicted of DWI.  Also, a person's automobile insurance rates are likely to go up and their credit rating will be negatively impacted.  Even life insurance rates are harder to obtain after a DWI conviction.

 Thus, it is important to hire a lawyer that is experienced with DWI defense.  It does not matter if you are charged in Houston, Conroe, Friendswood, Sugarland, Missouri City or Richmond the consequences and cost are all the same.  If you like to talk to me about your DWI case call me(800) 724-1876 for a free consultation.

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Most people know their Texas driver's license will be suspended if they blow over the legal limit of .08.  For a first time DWI offender the suspension period would be for 90 days in that instance.

However, the Texas legislature has made it stricter for someone with a commercial driver's license.  A person who holds a commercial driver's license will lose their driving privilege for a period of one year if: (a) they have been convicted, for the first time, of driving under the influence of alcohol or narcotics; (b) they refuse to submit to a test to determine the level of alcohol in their body; (c) if their blood, breath or urine test determines there was an alcohol level of .04 or more while operating the commercial vehicle in a public place; or (d) if there was an alcohol level of .08 or more while operating a motor vehicle (not a commercial vehicle) in a public place.

Since there are several ways someone may lose their commercial driver's license it is in the person's best interest not to drink at all while driving their commercial vehicle.  Even if they are not driving their commercial and later found not guilty of DWI their license may still be suspended if they blew over .08.  There is just too much at stake for someone that needs their commercial license to make a living to drink and drive in any circumstance.

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A New Jersey Judge used several tactics to avoid a DWI conviction.  The judge tried using chapstick to avoid blowing into the breathalyzer machine.  Next, he stuck a penny in his mouth.  I am pretty sure that he did these things because nothing can be in or around someones mouth for a given period of time before the test is administered.

Nevertheless, the judge eventually blew into the machine and was convicted of DWI.  On top of that, the judge has been reprimanded with this conduct.  He may even lose his judicial position.

If you ever get pulled over for DWI you have the option not to take the breath test in the state of Texas.  Therefore, refuse the test instead of trying to deceive the machine or the officer because you will be hurting your case more by using these tactics. 

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The courts of  Harris County, Texas are always attempting to monitor a person's alcohol consumption when charged with a DWI. There are several reasons the court attempts this, mostly it is because as a condition of probation a person is not allowed to consume alcohol. Another is because a person has been previously convicted of an alcohol related driving offense and now there on bond in their court. The ways the court has tried to do this include:
 

• by ordering for urine analysis,
• random alcohol screenings,
• installing breath reading equipment in your home or vehicle (interlock), and
• ordering the SCRAM Device

The SCRAM (a Secure Continuous Remote Alcohol Monitor) allows the court to monitor your alcohol intake continuously.

When the SCRAM device is ordered by the court, a person will be fitted with a tamper-resistant ankle bracelet made up of two boxes. One box will conduct the tests that will compute your BAC (blood alcohol content). The second box stores the calculations and transmits the data. The SCRAM device is designed to test your BAC level every hour. If the device detects any alcohol in your system, the test repeats every thirty minutes.
 

There are many different reasons the court orders a SCRAM to be installed. The reasons include being convicted of alcohol related offenses in the past; a person states that do not have a vehicle to install the guardian interlock, or a judge that finds it to be the best way to monitor an individual.
 

The SCRAM device is expensive.  You will have to pay a refundable $100 deposit, a $75 fitting fee, and a weekly fee while you are wearing the device . Most importantly, the fees must be paid in full before the device is installed and fitted.

 

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Texas law requires a county the size of Harris to videotape anyone that is charged with a DWI.  Most agencies usually leave their tape with the District's Office within the week of the arrest.  Commonly, DPS takes much longer to drop off the tape.  In my practice I have waited over a month to see a video made by DPS. 

Lately, I have had cases where the arresting officer does not drop off a video tape.  When that happens the prosecutor has to make a decision whether to dismiss the DWI case or proceed to trial knowing that I will get an instruction for the jury letting them know that the police officer was required to make a video tape of the field sobriety tests.  Luckily, I have come across reasonable prosecutors that have dismissed the DWI case when the video tape can not be found.  I wonder if there is a reason this is happening and will it continue?

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If your DWI breath test case was reviewed by Deetrice Henderson Wallace, a scientist hired by Houston area police agencies, to inspect Intoxilyzer machines you may be in luck. The Texas Department of Public Safety has invalidated all breath tests she reviewed.  Thus, your case may be found to be lacking sufficient evidence for a criminal conviction. 

I am confident that the Harris County District Attorney's Office will review each case individually in order to determine if they warrant a dismissal.  The problem that I foresee is that the DA's office destroys all DWI video tapes after the case is over.  Regardless, without a DWI tape or a breath test their DWI case becomes much harder to prove.  I think they are going to find it problematic to review a DWI case when their key pieces of evidence are missing.  Therefore, you may see more DWI dismissals by the Harris County Districts Attorney's Office after this announcement.

Ms. Wallace has been charged with the state jail felony of Tampering of a Government Record.  The range of punishment for a state jail felony is from 180 days to two years.  Her case will be heard in the 182nd District Court of Harris County, Texas.  The presiding judge of that court is Jeannine Barr.  I am curious to see what the outcome of this case will be considering the damage it has done to credibility of future breath tests.

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A bit like Bruce Wayne in Gotham the Houston Police Department is rolling out a DWI mobile van this Halloween weekend.  The van is being hailed as the first of its kind.  The Houston Police Department even expects to have several more of these vans on the streets soon.

I imagine the samebreathalyzer machine will be used in these vans.  If so, will the machine's owner release the software pertaining to how the machine works.  If a machine is going to brand someone a criminal and effect their life so much the accused deserves to know how it works.  Typically, prosecutors say that it is a trade secret of the company that makes the machine.  That poses the question what is more important, the trade secrets of a company or the constitutional right to due process, which surely includes the right to examine a machine used to determine if someone is guilty?

If you take the route of refusing to take the breath test you are not out of the woods.  The DWI van is equipped for a quick warrant to be faxed in where an on-call judge can force the involuntarily draw of blood from the accused.  Does that mean that the van will have nurses ready to draw blood?  How well will the Houston Police Department be able to preserve the evidence?  We all know how well the Houston Police Department has handled important evidence in the past.

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A Texas Department of Public Safety audit has revealed that the breath tests from eight Houston area police departments have been comprised because the test machines were not properly tested by the certified supervisor.  The machines in question are the breathalyzers that are used to determine if someone is legally intoxicated.

How is the Harris County District Attorney's Office going to handle this tricky situation.  Will current cases be dismissed?  Will there be any retrials of old cases?  I imagine that the prosecutors will have to evaluate each case like there is no breath test.  The likelihood is that you will see more breath test cases going to trial.  Thus, a misdemeanor prosecutor's job just  got harder.

DPS officials said they suspended the supervisor’s certification, and the Texas Rangers launched a criminal investigation.

“These are serious allegations and we will not tolerate any activities that call into question the integrity of the breath test system,” said Col. Stan Clark, interim DPS director.

If DPS was truly concerned with the integrity of the breath test system they would release the machine's software to the defense bar so it could be independently tested.  Until this happens the machine will never have any credibility.

Lastly, will we be seeing criminal charges against the supervisor?  It seems clear that he may be charged with falsifying government records, a felony.  Stay tuned.

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A DWI arrest has many consequences.  For example, you could use lose your drivers license, your insurance rates may increase, and in Texas surcharges may be assessed.   The last thing you want to do is make matters worse by trying to steal a police officer's car like someone tried to do last week.  The police could decide to charge the person with DWI and also theft.  In the above scenario the person could be charged with a felony since the vehicle is likely to be worth over $1500.

In Texas,  the state may prove that is a person is intoxicated one of three ways.  They must prove that the person has lost the normal use of their mental or physical faculties or that their blood alcohol level is above .08.  Do not assist the state by doing something like is mentioned above. In fact, try to do as little as possible.  The best thing is just to be polite, and allow the police officer do his job while you say as little as possible.  Keep in mind that you have the right to remain silent whenever you are being investigated by the police. 

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Robert Hood, a Texas resident, was able to get arrested four times in two weeks for driving while intoxicated. Remarkably, this occurred in the states of Wyoming, South Dakota, and Nebraska.  Would this be possible in Houston, Harris County Texas?

A person with no prior DWI convictions would still be considered a first offender in Texas.  Luckily, Mr. Hood has not been convicted of DWI so he is still a first offender.  Nevertheless, most judges in Houston would have made it difficult for Mr. Hood to drive a vehicle and treat him like a repeat offender while on bond.  For instance, anyone who is arrested for DWI/DUI charge while on bond for DWI would be ordered to have a guardian interlock device installed in their vehicle.  A guardian interlock device is an in car alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration (BAC) over a pre-set limit of .02 (i.e., 20 mg of alcohol per 100 ml of blood). The device is located inside the vehicle, near the driver’s seat, and is connected to the engine’s ignition system.  Moreover, their bond would be set higher and higher after each arrest.  Perhaps, a judge would go as far as not granting a bond after his third or fourth arrest.  Therefore, the likelihood a Houston Harris County, Texas judge allowing this to happen is unlikely.

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After wining a DWI trial  today I am really thankful that I have the opportunity to prove my clients innocence.  I am continually surprised to learn that many states do not provide this opportunity for those accused of DWI.

If you would like to speak to an experienced DWI lawyer call us at (713) 225-1038 or visit our website at www.dwiattorneysinhouston.com.

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