Houston DWI Lawyer | DWI Defense in Houston, TX

 A common question I get as a Houston DWI Attorney is, what are surcharges and will I owe any? In Texas surcharges were established as part of the The Driver Responsibility Program which is governed by Texas Transportation Code, Chapter 708, which set up a system to assess surcharges based on certain traffic offenses that have occurred on or after September 1, 2003.

A surcharge is an administrative fee that is charged to a driver based on the convictions reported to the driver record. There are two criteria that determine if a surcharge will be assessed, they are the point system (bases on the number of traffic violations) and Conviction Based surcharges (which include DWI convictions.)

It is important to note that surcharges are in addition to all other reinstatement fees required for other administrative actions and do not replace any administrative suspension, revocation, disqualification or cancellation action that results from these same convictions. The bottom line is the State uses DWI to raise money and will get yours if you are convicted and care to ever get you license back. Drivers convicted of DWI face the following surcharges. For a first time DWI conviction  the surcharge is $1,0000 for 3 years. A subsequent conviction is $1,500 for 3 years. A DWI with a blood alcohol concentration of 0.16 is $2,000 for 3 years.  

An arrest for DWI is an expensive proposition. A conviction for a DWI is even more expensive. If you or someone you know is need of a Houston DWI Lawyer, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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Every two years the Texas Legislature meets in Austin to go about the business of governing the state. Aside from budgetary concerns and political grandstanding there are always significant changes in the Penal Code and Code of Criminal Procedure.

Of the many changes this year there are some key changes in the are of DWI law. Penal Code Section 49.09 was amended to make a DWI that leaves a person in a persistent vegetative state a second degree felony.

Additionally Penal Code Section 49.04 was amended to provide that if a person's blood, breath or urine showed a alcohol concentration level of 0.15% or more when the analysis was performed, the offense is a Class A misdemeanor rather than a Class B misdemeanor,

Also, Transportation Code Section 724.015 was amended to require an officer to inform a suspect that a refusal to give a blood or breath specimen may result in the officer applying for a warrant authorizing the taking of a specimen.

These are changes that will effect many cases raising the possible level of punishment and requiring that DWI attorneys keep up with the law to properly defend their clients.

If you are someone you know if need of the legal services of a Houston DWI Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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 The Houston Chronicled reported State Senate Criminal Justice Committee Chairman John Whitmire is putting together a panel to consider modifying or repealing the Driver Responsibility Program, which includes a surcharge of $1,000 annually for three years for first-time driving-while-intoxicated offenders. One of the many consequences of a DWI conviction is the surcharge, which if not paid, will leave a DWI offenders with suspended licenses indefinitely.

Another issue to be discussed is the various methods different counties address DWI."We need a consistent DWI policy across the state of Texas," Whitmire said. "Why would the state of Texas have a criminal justice system in Houston that will completely allow you to have no record, and in the New Braunfels experience you do (have a record), and then you go to Bexar County and she don't even file on you (for) DWI the first time? You need to be selective about where you want to get caught drinking I guess."

In Harris County the police is to offer DIVERT, a pre-trial diversion program that if completed allows the DWI defendant to avoid a conviciton."

In Bexar County, District Attorney Susan Reed allows first-time drunken-driving defendants who meet certain parameters to plead instead to a charge of "obstruction of a highway – intoxication." Defendants must undergo treatment and abide by conditions, including locks on their vehicles.

These are of course all preliminary discussions. The state legislature meets next year. It will be interesting to see what the outcome is. I would be a bit surprised if the surcharge goes away. In a bad economy Austin will do whatever it takes to raise money.  As aHouston DWI Attorney I of course will keep looking out for any changes to the law.

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As aHouston 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) 877-9400.

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

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

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

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

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