Houston Criminal Law Journal by Texas Lawyers covering DWI Drunk Driving Arrests, Criminal Defense Charges, Drug Possession, and Assault

I have noticed a unusual amount of people reaching our blog when they search something along the lines of whether a person should enter the Houston DWI DIVERT program.  This is not an easy decision.  Most importantly, a blog is not going to be able to tell you whether the program is right for you.  This is why the trust between you and the lawyer that is handling your DWI case is so important.  A person considering the DIVERT program needs to discuss the pros and cons with their DWI attorney and then decide for themselves whether it is right for them.

Good luck with your decision!

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It seems like the Harris County District Attorney's Office is not budging from the second court date DIVERT decision put in place last month.  This decision requires that anyone wishing to enter the DIVERT program must make that decision by their second court date.  Unlike other misdemeanor charges this seems inconsistent in respect of how quickly a decision needs to be made.  In response,  the Harris County, Texas misdemeanor judges should recognize the unfairness of this policy and allow these cases to proceed down a different track than the other cases that are heard in their courts.  While this has worked well for several years the new DIVERT program throws things off because it is unlikely that an attorney that is handling a DWI case that is eligible for the program is able to make a full assessment before the second court date.  In a perfect world the ALR hearing would be concluded, the video would be reviewed, testifying experts will give their input, the offense reports will be completed and will be in the possession of the lawyer handling the case.  A two week reset does not come close to allowing all of this to occur because of the time constraints.  I would suggest that cases that are deemed to be DIVERT eligible be given a forty five day reset  time frame from their initial court date appearance so most of the preliminary investigation can be accomplished and all parties may make an informed decision before proceeding. 

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I have had a few calls regarding the title of this blog recently and so I want to address the issue here.  If you have been convicted with drunk driving, DWI or DUI in the state of Texas in the last ten years even though you believe that you received  a deferred adjudication you did not.  While it seems hard to believe that you could receive a deferred adjudication for something as serious as sexual assault, a DWI charge is one of the handful of crimes that this is specifically not  eligible for deferred adjudication.  Therefore, your driving while intoxicated  (DWI) case is not eligible for a motion for non disclosure (allowing the sealing of your criminal history) because it was never a deferred adjudication.

Si udsted dese limpiar su record en Houston oprima aqui para un abogado en Houston que le puede ayudar.

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This is a question I get often by people that call me because they are scared to go to their initial court date without a Houston criminal attorney.  I am embarrassed that I live in a county where this is the case.  The reality is that a criminal court judge should not revoke a bond and put someone back in jail so long as the accused attends their court setting on time, has not been charged with a new crime since their arrest,  and because they cannot afford to hire a criminal lawyer.  Nevertheless, most judges will scold the accused for not hiring a lawyer in a timely fashion.  Thus, do not let anyone scare you into thinking that if you do not hire a lawyer for your first court date in a criminal case that you will be re-arrested in Harris County, Texas.  This is not true for theft, DWI, Assault or any other type of case in Houston.

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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, DWIs (drunk driving) 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 drunk driving 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 Houston DWI.

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As one of the few Spanish speaking DWI lawyers in Houston I represent a fair amount of Spanish speaking people that are charged with the crime of driving while intoxicated.  While they may not speak English they are still lawfully residing in the United States.  Some are citizens with others being resident aliens, or in the United States under some sort of Visa.  Some are here with proper documentation while others are in the process of getting their status sorted out.

The Harris County District Attorney's Office (HCDAO) was initially clear about what type of people would be accepted into their DIVERT program, or so I thought.  They were only accepting people that were in this country lawfully.  One would think that this is straightforward enough, but actually like most other things with the DIVERT program this is ambiguous  Now I have been told, if a person is in the process of obtaining his residency and not yet a citizen or permanent resident they will not qualify for the DIVERT program.  While the Federal government allows them to stay in this country indefinitely the HCDAO does not allow them to enter the DIVERT program.  This is difficult for my clients to comprehend when they are doing everything required of them by the Federal law.  Is the HCDAO being too selective of people when it comes to their DIVERT program or just  too exclusive since they do not have an issue allowing them to go on probation for the same DWI charge.  Regardless, this leaves my clients in DIVERT limbo.

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Major League Baseball Spring training is around the corner this year.  Like most every year there will be a handful of prospects that will be deemed the next superstars of baseball.  Last year Matt Wieters, catcher for Baltimore Orioles, was the can't miss prospect of 2009.  While he did well for a rookie he has a long way to go before he becomes an elite catcher.  This year Stephen Strasburg, a Washington Nationals pitcher, is ticketed for stardom.  Over the years there have been many players that were in the same position.  For example, Brien Taylor was the Yankees first pick in the 1991 major league baseball draft, but was never able to reach the major leagues for any team.

Similarly, I know there are Houston DWI Attorneys that hype themselves up tremendously.  They only talk about how great they are without listening to what the client needs.  They guarantee the outcome of a case before even going to court and "bad mouth" other DWI lawyers. Here are some suggestions if you confront one of these attorneys.  First, go to the Texas State Bar to see if they have been sanctioned.  Second, go to avvo.com where lawyers are independently ranked by that website.  Third, check with the Better Business Bureau to see if they are listed with them and how they are rated. Fourth, search online for specific information on the attorney.  Lastly, get all the guarantees in writing before becoming their client. 

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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, as DWI Attorneys 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!

If you need the assitance of a DWI Lawyer in Houston please call our law firm at (713) 225-1038.

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

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A lot of discussion has occurred the last of couple of weeks concerning the DWI Pretrial Diversion Program around the Harris County Courthouse.  Luckily, this has also opened the door for other types of cases to be more easily considered for pretrial diversion.  I have personally encountered prosecutors being receptive to a pretrial diversion for theft, possession of marijuana, and possession of cocaine cases.  In the past, a request for a pretrial diversion was akin to asking for a prosecutor's first born in Harris County.   For the sake of anyone accused of a crime I hope this trend continues.

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As a Houston DW 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.

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

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